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HomeMy WebLinkAboutMIN 01.08.2008 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present. Council Absent: Patty Eason, Gabe Sansing, Keith Brainard, Bill All Council Present Sattler, Pat Berryman, Farley Snell, Ben Oliver Staff Present. Paul Brandenburg, City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Elizabeth Cook, Interim Planning Director; Valerie Kreger, Planner 11; Carla Benton, Planner 11; David Munk, Development Engineer; Terry Jones, Support Services Construction Manager; Marsha Iwers, Purchasing Manager; Anthony Lincoln, Fire Chief; Clay Shell, Assistant Fire Chief; Glenn Dishong, Water Services Director; Keith Hutchinson, Public Information Officer; Kevin Stofle, Assistant Police Chief; Leticia Zavala, Controller; Kevin Russell, Human Resources Director; Kathy Ragsdale, Utli Office Manager; Ed Polasek, Principal Planner Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. A Sec.551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items B Sec 551.072: Deliberations about Real Property - Possible aquisition of property for the proposed Public Safety facility Consideration and possible action concerning the acquisition of a 0.368 -acre utility easement from Celebration Church for the installation of public utility improvements pursuant to a Consent Agreement between the City and NNP -Edwards, L.P. concerning the creation of Williamson County Public Utility District No. 15 -- Patricia E. Carls, City Attorney and Kent A. Sick, Attorney for the City - Consideration and possible action concerning the acquisition of a 0.243 -acre utility easement and associated 30 -foot -wide temporary construction easement from Westinghouse Road Joint Venture for the installation of public utility improvements pursuant to a Consent Agreement between the City and NNP -Edwards, L.P. concerning the creation of Williamson County Public Utility District No. 15 -- Patricia E. Carls, City Attorney and Kent A. Sick, Attorney for the City C Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Discussions or deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations. Regular Session ® To begin no earlier than 06000 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) D Call to Order Mayor Nelon called the meeting to order at 6:00 p.m. City Council Meeting Minutes/January 8, 2008 Page 1 of 5 Pages E Pledge of Allegiance Mayor Nelon led the Pledge. F Comments from the dais Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures. G Announcements and Comments from City Manager Brandenburg made the following announcements: The City of Georgetown is still accepting applications for vacant or expiring terms on its Boards & Commissions. Information and applications can be obtained on the City's Website at www.georgetown.org or at City Hall which is located at 113 E. 8ffi Street, the Public Library, and other City Offices, The Deadline for filing applications is this Friday, January 11, 2008. City of Georgetown offices will be closed for the Martin Luther King Holiday on Monday, January 21, 2008. Texas Disposal Systems will have regular trash pickup on Martin Luther King Day. If you have any questions about trash pickup, please contact Texas Disposal Systems at 930-1715. The City will hold elections for City Council seats for Mayor and Districts 2, and 6 on May 10, 2008. The first day to file for candidacy is February 11, 2008, and the last day to file for candidacy is March 10, 2008. H Public Wishing to Address Council - Sandra Taylor of Pedernales Electric Cooperative regarding update of PEC activities in Georgetown area Taylor told Council she brought a check for $15,900.36 for the PEC franchise tax owed for September 25 to Dececember 27, 2007. She announced that Juan Garza, former General Manager of Austin Energy has been hired to lead PEC beginning in February. She noted that the PEC Board has approved rate reductions for residential and others, saying detailed rate information is available on the PEC website. She advised PEC customers to call PEC toll free regarding distribution of allocated capital credits. Action from Executive Session 1. Motion by Sansing, second by Oliver that the City Council accept the counteroffer contained in the December 17, 2007 correspondence from the landowner's legal representative for the acquisition of the 0.243 utility easement and related temporary construction easement on Westinghouse Road, and to authorize Kent Sick to take the necessary actions to finalize the easement acquisition. Approved 7-0. 2. Motion by Sansing, second by Eason that the City Council authorize the City Manager to begin the due diligence process and to open negotiations for the possible acquisition of property for new public safety facilities, and to bring the information and options back to Council for review. Approved 7-0. 3. Motion by Sansing, second by Berryman that the City Council authorize the City Manager and Director of Economic Development to send correspondence to a company possibly seeking to relocate in Georgetown outlining the general types and possible ranges of economic development incentives that may be available from the City, and inviting further discussions. Approved 7-0. The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. J Consideration and possible action to approve the minutes of the City Council Workshop on Monday, December 10 and the City Council Meeting on Tuesday, December 11, 2007 -- Sandra D. Lee, City Secretary Nelon pointed out that minute corrections for the December 11, 2007 Meeting were provided on the dais as suggested by himself and Councilmember Snell. K Consideration and possible action to approve the declaration of surplus electric material and authorize staff to sell through Hi -Volt Specialties and T & D Surplus -- Marsha Iwers, Purchasing Manager L Consideration and possible action for the approval of the annual payment for maintenance on the 800 MHz radio system to Williamson County in the amount of $31,563.12 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance & Administration M Consideration and possible action to accept a grant of $34,718.20 from the Lower Colorado River Authority Community Development Partnership Program to be used to purchase swift water rescue equipment -- Anthony Lincoln, Fire Chief (Question from Sattler) Sattler asked and Lincoln responded this is the money collected for billing for certain services, saying all of the income stays within the Fire Dept City Council Meeting Minutes/January 8, 2008 Page 2 of 5 Pages H Consideration and possible action on a Preliminary Plat of Teravista, Section 321, a 27.067 acre tract in the Barney Low, Francis A. Hudson and the J. Patterson Surveys, located along the north side of Westinghouse Road -- Carla Benton, Planner II and Elizabeth Cook, Interim Director of Planning and Development O Consideration and possible action of a reinstatement of a Public Review Final Plat of Estates of Westlake, Phase 3, and variance to the Subdivision Regulations, being 50.77 acres out of the Sutherland, Mayhall, and Joyner Surveys, located on the east side of CR 262 -- Carla Benton, Planner II and Elizabeth Cook, Interim Director of Planning and Development P Consideration and possible action on a Preliminary Plat for 10.55 acres in the Isaac Donagan Survey, to be known as 29 Oaks, located on the south side of SH 29, west of Wood Ranch Road -- Valerie Kreger, Planner III and Elizabeth Cook, Interim Director of Planning and Development Q Consideration and possible action on a Preliminary Plat for 397.768 acres in the A.H. Porter and Isaac Donagan Surveys, known as the Oaks at San Gabriel, located on SH 29, east of Cimarron Hills -- Jordan Maddox, Planner II and Elizabeth Cook, Interim Director of Planning and Development R Consideration and possible action on a Preliminary Plat for 21.1172 acres out of the Dyches Survey to be known as Longhorn Junction Phase 2, located on Blue Ridge Drive south of SE Inner Loop -- Elizabeth Cook, Interim Director of Planning and Development S Consideration and possible action regarding a resolution amending Resolution 112707-V, relating to the granting of consent by the City of Georgetown to the creation of a Williamson County Municipal Utility District to change the name of the District per the requirements of the rules of the Texas Commission on Environmental Quality (TCEQ) -- Patricia E. Carls, City Attorney Motion by Sansing, second by Brainard to approve the Consent Agenda in its entirety with the corrections to the minutes. Approved 7-0. Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: T Discussion and possible action regarding the recommendation by the Insurance Service Office to change the City of Georgetown's Public Protection Classification — Anthony Lincoln, Fire Chief Lincoln said this change in the Public Protection Classification (PPC) effects savings on homeowners insurance or insurance on businesses. With a slide presentation, Lincoln explained some of the acronyms and terms used by the Insurance Service Office; gave the history of rating for Georgetown; and the areas in which the ISO evaluates our community. He said our rating is very good. He acknowledged staff members that assisted with providing information for the application, thanked the City Council and City Management for support, and gave a special thank you to former City Councilman John Kirby. Lincoln presented a plaque of appreciation to Kirby, saying his questions, while on the Council, inspired the research and inspiration to apply for an improved rating. Brainard congratulated Lincoln and asked how the citizens can be assured that the rates will go through. Lincoln said the Fire Department will contact the local insurance companies and the Texas Department of Insurance will be given the information. Brandenburg noted there will be public information provided so citizens can check with their insurance providers. Brainard said we need to be specific and clear that the citizens need to contact their providers. U Consideration and possible action to amend the City of Georgetown Cafeteria Plan based on changes in IRS Law in the definition of Dependent, to change the Plan Year to the Calendar Year and to include the new Health Savings Account (HSA) as a benefit -- Kevin Russell, Human Resources Director and Paul Brandenburg, City Manager Russell noted that the main changes were to change the Cafeteria Plan calendar year and to add the Health Savings Account, the Health Flexibile spending account, and the child care flexible spending account. He said the dependent change has to do with the amount of salary received by dependents, saying anyone claimed as a dependent can be claimed for healthcare and dependent care expenses. He said the conflict came because IRS operates on a calendar year. He said the change will allow the city to align all of the health and dependent care expenses within a regular calendar year. He said the program known as Health Savings Accounts has been added to the Cafeteria Plan which allows the money contributed by employees to remain year after year. He said those employees that used to have the flexible spending account and choose to add the High Deductible Savings Account and Health Savings Account, will be able to roll over any money leftover in the flexible spending account. He said adding the HSA as a benefit in the Cafeteria Plan will allow those employees to use a debit card as allowed by the current insurance provider; so therefore, a third party administrator will be dealing with the accounts, instead of the Human Resources staff. Nelon pointed out this is a pre-tax plan. He asked if employees could lose the money that is not used. Russell said if the employee chooses the flexible spending account for health expenses, they establish an amount to be collected from their salary for 12 months, City Council Meeting Minutes/January 8, 2008 Page 3 of 5 Pages and at the end of the 12 me s plus two bonus months, any amount that ha. A been used will be lost. Russell said HR staff frequently remind employees of their remaining balances. Berryman asked and Russell said as long as the expenses are health related as defined by the IRS, they are eligible. He said with the HSA account, employees can also use the account for over-the-counter medications. He said the HSA members have credit cards and non-medical items cannot be paid for with the charge card. HSA members are allowed to deposit up to $5,850 per year from their paychecks. He said the money always remains there and belongs to the employee, saying it will gain interest and can be withdrawn when the employee leaves City employment. The City will still be in the "banking business" for 2008; but after that, a Third Party Administrator, Humana, will begin handling the accounts. He said the first 25 employees who chose an HSA account started October 1 and ended December 31, 2007; saying the plan renewed and the deductible started over on January 1, 2008. Motion by Snell, second by Sansing to approve. Approved 7-0. V Consideration of approval to adopt a resolution authorizing the City of Georgetown to participate in an interlocal agreement with the City of Plano, Texas for the purpose of participating in an Interlocal Purchasing Cooperative Program -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration Iwers explained the item, saying the Texas Interlocal Cooperation Act allows cities to join in purchasing programs in other cities. She said this contract will allow Georgetown to reduce costs and allow administrative savings. She said any items over $25,000 will still come to the Council for approval. Motion by Sansing, second by Oliver to approve. Sattler asked and Iwers said the City has six other interlocal agreements as well as the Texas Cooperative Agreement. Vote on the Motion: Approved 7-0. W Consideration and possible action to approve the contract with Dataprose, Inc. as the City's vendor for utility bill printing and mailing services through the Interlocal Purchasing Agreement with the City of Plano, Texas, and approve funding at a cost of $160,855 for the year -- Kathy Ragsdale, Utility Office Manager and Micki Rundell, Director of Finance and Administration Ragsdale explained the contract with Dataprose through the Interlocal Agreement with City of Plano. She explained it has been determined it would be more economical to have a direct contract with the vendor rather than going through Incode. She said there are very few companies that have the services available that the City needs. She said Plano has a better rate because they mail out 80,000 utility bills, saying Georgetown mails 22,000 bills. She said the City can take advantage of efficiencies through the large volume. She said the City pays two cents for each bill made available on the Internet, but through this contract, the City will pay one cent per bill. Motion by Berryman, second by Oliver to approve. Approved 7-0, X Consideration and possible action to approve the fourth amendment to the development agreement between the City and Laredo WO, Ltd regarding the Water Oak at San Gabriel Subdivision -- Tom Yantis, Assistand City Manager Elizabeth Cook explained the item, saying this proposed amendment is to address signage, because Water Oak wants subdivision entry signs that would be larger than typically allowed in the city ordinance. She said the staff believes, because of the speed on Leander Road, the larger signs are warranted. Motion by Sansing, second by Berryman to approve. Approved 7-0. Y Consideration and possible action to approve a resolution supporting the extension of the 45 mile per hour speed limit from its current location at mile point 19.468 to approximately 1000 linear feet west of the west curb line of Riverview Drive at the approximate mile point 19.278 -- Keith Brainard, Councilmember, District 3 Brainard explained that there is an increase of speed to 55 mph on Leander Road right at the entrance to River View Estates, so he is askinig TXDOT to move the sign several hundered yards further west. Motion by Snell, second by Berryman to approve. Approved 7-0. Brainard thanked staff for their assistance on this item. Z Items Forwarded from the Georgetown Utility Systems (GUS) Advisory Board 1. Consideration and possible action for the award of the annual bid for wood poles to various vendors in the estimated amount of $261,400.00 -- Paul Elkins, Electric Operations Manger. Jim Briggs, Assistant City Manager for Utility Operations Elkins explained the item. Motion by Oliver, second by Eason to approve. Approved 7-0. 2. Consideration and possible action to enter into an agreement with Operations Management International (OMI) for the rental and operations of a mobile belt press in an amount not to exceed $98,900.00 -- Glenn Dishong, Water Services Director, Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying the previous wet spell had caused decrased efficiency of the drying beds. Motion by Sansing, second by Berryman to approve the agreement. Approved 7-0. City Council Meeting Minutes/January 8, 2008 Page 4 of 5 Pages AA Second Reading Second Reading of an Ordinance for a Rezoning from AG, Agricultural, to IN, Industrial, in the A. Flores Survey, 10.8 Acres, located at 2500 NE Inner Loop -- Carla Benton, Planner II and Elizabeth Cook, Interim Director of Planning and Development -- Elizabeth Cook, Interim Director of Planning and Development Benton explained the item and read only the caption of the ordinance on second reading. Motion by Snell, second by Berryman to approve Ordinance 2008-01, Approved 7-0. BB Public bearings/First Readings 1. First Reading of an ordinance amending the 2006/07 Annual Operating Plan Element (budget) due to conditions that resulted in year end budget variances; appropriating the various amounts therof; and repealing all ordinances or parts of ordinances in conflict therewith -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration Zavala explained the item, saying this is a clean-up, prior to the issuance of the financial statements later this month, involving grant appropriations, expenses related to increased revenues, timing of capital projects, and debt -service appropriations. Sattler said Financial Impact was left off of the agenda item cover sheet. Rundell noted financial impact was explained on the cover sheet in the line above that talked about increasing the 2006/07 appropriations by over $4 million. Sattler asked that all future cover sheets contain information under the Financial Impact heading. Rundell said they will "rearrange" the information on the cover sheet for the second reading. Rundell gave further explanation and noted that some of the special revenue was from FEMA grants for flooding damage this summer. Sattler asked and was assured that the FEMA grants were not matching grants. Nelon asked, in the future, that Rundell give the Council a refresher as to exactly why amendments and adjustments are done to the budget and why State Law requires this. Zavala read the ordinance for record. Motion by Snell, second by Oliver to approve the ordinance on first reading. Approved 7-0. 2. First Reading of an Ordinance to add New Section 2.49 to the Code of Ordinances relating to the Zoning Board of Adjustment -- Elizabeth Cook, Interim Director of Planning and Development Cook explained the item, saying this will be codified consistent with the other Georgetown Boards and Commissions. She read only the caption on first reading after having satisifed the requirements of the City Charter. Motion by Sansing, second by Oliver to approve the ordinance on first reading. Sattler questioned the need for four of the five members of the Board to be at each meeting to hear each case, and Carls said it is state law. Vote on the Motion: Approved 7-0. 3. First Reading of an Ordinance Renaming a portion of CR 265 to Memorial Drive; renaming a portion of Airport Road to Berry Creek Drive; and naming a unnamed right of way Tin Barn Alley -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Interim Director of Planning and Development Polasek said this renaming went through the Public Hearing process and no one expressed opposition. He read the caption of the ordinance after having satisifed the requirements of the City Charter. Motion by Sansing, second by Berryman to approve the ordinance on first reading. Approved 7-0. The meeting was adjourned at 07:14 PM. A oved f pt Q AttesAA' lz Mayor' ary Nelon City Secretary Sandra Lee City Council Meeting Minutes/January 8, 2008 Page 5 of 5 Pages