Loading...
HomeMy WebLinkAboutMIN 11.24.2009 CC-RMinutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, November 24, 2009 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent: Keith Brainard, Gabe Sansing, Dale Ross, Ben All Council Present. Oliver, Pat Berryman, Bill Sattler, Patty Eason Staff Present: Paul E. Brandenburg, City Manager; Mark Sokolow, City Attorney; Jessica Hamilton, City Secretary; Jim Briggs, Assistant City Manager for Utility Operations; Micki Rundell, Chief Financial Officer; Elizabeth Cook, Director of Community Development; Thomas R. Benz, Systems Engineering Director; Glenn Dishong, Water Services Director; Marsha Iwers, Purchasing Manager; Laurie Brewer, Assistant Finance Director; Travis McLain, Airport Manager; Terry Jones, Support Services Manager; Edward G. Polasek, Principal Planner; Jordan J. Maddox, Planner III; Mark Miller, Transportation Services Manager; Kevin Russell, Director of Human Resources and Civil Service Minutes Regular Session - To begin no earlier than 06:17 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.) A Call to Order Mayor called the meeting to order at 6:17 p.m. Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Mayor greeted the boy scouts in the audience and presented them with City of Georgetown pins City Manager Comments - Thanksgiving Holidays and Trash Pickup - Lighting of the Square - Christmas Stroll - Boards and Commissions Applications - Parks and Recreation Award Action from Executive Session Motion by Sattler, second by Sansing to authorize the execution of a confirmation letter with the City of San Antonio, Texas, acting through the CPS Energy Board of San Antonio, Texas for non-nuclear energy related to our needs related to energy above the Cap Load for calendar year2010. Approved 7-0 City Council Meeting Minutes/November 24, 2009 Page 1 of 8 Pages Motion by Sattler, second by Berryman to reject proposals as to the Albertson's building and to authorize the City staff to go out for new Request for Proposals for the ability of the company to provide various alternatives and staff to do financial analysis and due diligence on such offers. Approved 7-0 Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subiect not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - As of the deadline, there were no persons who requested to address the Council on items other than what was already posted on this Agenda. Statutory Consent Agenda 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. C Consideration and possible action to approve the minutes of the Special Council meeting on Monday, November 2, 2009 and the City Council Workshop and Regular Meeting on Tuesday, November 10, 2009 -- Rachel Saucier, Assistant City Secretary and Jessica Hamilton,' City Secretary D Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for the acquisition of real property from Emma L. Lawhon Family Land Partnership, to effectuate certain public infrastructure improvements in connection with the Southeast Arterial One roadway project -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations E Discussion and possible action to approve the Fourth Amendment to the Offsite Utility Construction and Cost Reimbursement Agreement between the City of Georgetown and Laredo Wo, Ltd concerning the Water Oak Subdivision -- Glenn Dishong, Water Services Director and Micki Rundell, Director of Finance and Administration and Jim Briggs, Assistant City Manager for Utility Operations F Consideration and possible action to approve the extension of the Master Services Agreement with Klotz Associates, Inc., of Austin, Texas, for professional engineering services -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations. G Consideration and possible action to approve the extension of the Master Services Agreement with Kasberg, Patrick & Associates, LP, of Georgetown, Texas, for professional engineering services -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations H Consideration and possible action to approve the extension of the Master Services Agreement with McCord Engineering, Inc., of College Station, Texas for professional engineering services -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations I Consideration and possible action to approve the extension of the Master Services Agreement with Terracon Consultants, Inc. of Austin, Texas for professional engineering services -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations J Consideration and possible action to declare the obsolete and scrap water meters as surplus and authorization for staff to sell to Fluid Meter Service Corporation of Austin, Texas -- Marsha Iwers, Purchasing Manager and Micki Rundell, Chief Financial Officer K Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended September 30, 2009 -- City Council Meeting Minutes/November 24, 2009 Page 2 of 8 Pages Micki Rundell, Chief Financial Officer; Laurie Brewer, Assistant Finance Director and Lorie Lankford, Accounting Manager L Consideration and possible action to grant a "First Right of Refusal" to RA General Services, LLC to lease the unimproved airport property located at 101 & 201 S. Hangar Drive for a period of 24 calendar months. In consideration for this right, RA General Services, LLC will pay the total sum of $5,000.00 to the Airport Fund -- Travis McLain, Airport Manager and Paul E. Brandenburg, City Manager M Consideration and possible action to grant the request from RA General Services, LLC to terminate their Airport Land Lease for unimproved airport property at 101 and 201 S. Hangar Drive effective November 30, 2009. -- Travis McLain, Airport Manager and Paul Brandenburg, City Manager Sansing had questions about items L and M. McLain explained why these two documents are being brought to the City Council. N Consideration and possible action to approve a contract with National Service Research for $19,500 to conduct the City of Georgetown 2010 Quality of Life Survey -- Micki Rundell, Chief Financial Officer O Consideration and possible action to appoint Judy Lester to the Main Street Advisory Board to fill a vacancy left by a recent resignation -- Mayor George Garver P Consideration and possible action to appoint Rachel Saucier as Deputy City Secretary -- Jessica Hamilton, City Secretary Motion by Sansing, second by Oliver to approve the Consent agenda in its entirety. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: Q Discussion and possible direction to staff regarding Public Safety Needs Assessment and related impacts to the City's Facility Plan -- Paul Brandenburg, City Manager; Micki Rundell, Chief Financial Officer and Terry Jones, Support Services Manager Mayor asked and Brandenburg explained the item and said it is concerning the space needs within the City. He said the City Council had a Workshop at 4p.m. in which they were given information about different facility options as well as police, fire and other stations. He said the Council heard a presentation at that time and said the Mayor Pro Tem made a motion out of executive session with a related item. Eason asked and Brandenburg said an additional motion regarding the Albertson's building is not necessary at this time. R Public Hearing for the voluntary annexation into the City for 18.81 acres, more or less, in the I. J. Dyches Survey, Abstract 180, for the Pierce Tract, located at 1000 F.M. 1460, east of Madison Oaks Avenue and west of High Tech Drive -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Community Development Polasek described the item and said, under the annexation process, two public hearings are required. He said there is a concurrent application that went to the planning and zoning commission. He said there will be an item on the December 8th agenda about a possible rezoning of the area. Public Hearing was opened -- 6:31 p.m. Speaker, Tracy Lafave, said she is here to discuss the annexation. She noted her understanding is that it has to be both an annexation, zoning and Comprehensive Plan approval. She said there are several concerns that the Pleasant Valley neighborhood has related to the annexation of this property. She listed the several issues that will arise if the City decides to annex the property. She noted the citizens want to maintain Pleasant Valley subdivision as a residential subdivision. She asked and every citizen in the Pleasant Valley subdivision who was at the meeting raised their hand. She spoke about the property and asked that Council not annex the property. She noted they want to stay zoned as mult4esidential and not commercial. She provided a handout from the residents of the area to the City Council. Speaker, Quint Schneider, said when this annexation was going to be voted on, he thought the residents would have more input. He added he is concerned that the current drainage issue was brought to Council seven years City Council Meeting Minutes/November 24, 2009 Page 3 of 8 Pages ago and nothing has been done since then. He said he has no problem with the land being annexed, but added he is concerned about how the City is going to use it Public Hearing was closed -- 6:37 p.m. S Public Hearing and First Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-1, Local Commercial District for San Gabriel Estates, Block 1, Lot 6, located at 3600 Williams Drive -- Valerie Kreger, Principal Planner and Elizabeth Cook, Director of Community Development Maddox described the item and noted this Ordinance will rezone the location from Agriculture (AG) to Local Commercial District (C-1). He said this was formally a home that is now vacant He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened -- 6:39 p.m. No persons were present to speak. Public Hearing was closed -- 6:39 p.m. Motion by Berryman, second by Sansing to approve the Ordinance on first reading. Approved 7-0 T Public Hearing and First Reading of an Ordinance for a Comprehensive Plan Amendment changing the Future Land Use Plan from High Density Residential to Employment Center and Mixed -Use Neighborhood Center for 28.27 acres in the Flores Survey, to be known as Gateway Crossing, located at NE Inner Loop and County Road 151 -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Director of Community Development Maddox described the item and said the next two items are related to the Gateway Crossing development He described the current land use of the site and noted the owner is requesting to change it from High Density Residential to Employment Center and Mixed Use Neighborhood Center. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened -- 6:41 p.m. No persons were present to speak. Public Hearing was closed -- 6:41 p.m. Motion by Berryman, second by Sansing to approve the Ordinance on first reading. Approved 7-0 U Public Hearing and First Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-3, General Commercial, C-1, Local Commercial, and IN, Industrial Districts for 28.27 acres in the Flores Survey, to be known as Gateway Crossing, located at NE Inner Loop and County Road 151 -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Director of Community Development Maddox described the item and the area that is involved in the rezoning. He spoke about particular conditions of the rezoning and he read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened -- 6:44 p.m. No persons were present to speak. Public Hearing was closed -- 6:44 p.m. Motion by Berryman, second by Sansing to approve the Ordinance on first reading. Approved 7-0 V Consideration and possible action to approve a Resolution adopting a water conservation plan — Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong read the caption of the Resolution. He described the proposed water conservation plan and listed the goals of the plan. Motion by Oliver, second by Sansing to approve the Resolution. Approved 7-0 City Council Meeting Minutes/November 24, 2009 Page 4 of 8 Pages W First Reading of an Ordinance amending Section 13.04.120 "Rates and Charges -Water Schedule" --Jim Briggs, Assistant City Manager Utilities and Micki Rundell, Chief Financial Officer Briggs described the item and highlighted the content of the Ordinance and what it contains. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. He said this item has been to Council, the GUS Board, and the General Government and Finance Committee. He said there will be no change to the normal volumetric rates on water. He said, over a 2 year period, the base charge for 3/4 inch meters will be an increase to $18.50 per month from what is currently at $16.50. He noted the 5/8 meters used mostly for low income housing will remain at $16.50. He also spoke briefly about potable and non -potable water rates. He mentioned and described the revenue stabilization funds as indicated in the proposed Ordinance. Sattler asked and Briggs said he does not have the exact percentage of the different sized meters in the City. Dishong said there are forty two 5/8 inch meters and 16,000 3/4 inch meters. Sattler asked and Dishong said almost all households will have a dollar increase over the next year or two. Sattler asked and Dishong said the money earned from this increase will be used to fund debt service on Capital Improvement Projects Brainard asked and Briggs said the rate has not changed since 1985. Brainard asked and Briggs noted there is no volumetric change. Sansing asked and Dishong said there were changes to the conservation rate tiers and he listed those tiers. There were many questions. Motion by Sansing, second by Oliver to approve the Ordinance on First Reading. Approved 7-0 X First Reading of an Ordinance repealing the existing Chapter 13.16 of the City of Georgetown Code of Ordinances, and adopting a new Chapter 13.16 relating to the drought contingency plan; establishing criteria for the initiation and termination of drought response stages; establishing restrictions on certain water uses; establishing penalties for the violation of and provisions for enforcement of these restrictions; establishing procedures for granting variances; providing a severability clause and establishing an effective date -- Glenn Dishong, Water Services Director, Jim Briggs, Assistant City Manager for Utility Operations Dishong read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. He said this is similar to the previous item and noted staff has taken the opportunity to put what was learned from the drought this past summer into place in a new drought contingency plan. He noted the most significant change in the Ordinance is that it establishes a mandatory three day a week irrigation schedule once usage gets to a certain level. Sansing said he believes citizens have the duty to save all of our natural resources, especially water. He said he is hopeful that the City will come up with ways to encourage its citizens to come up with other ideas and ways to conserve. He said he still thinks three days a week is not an effective conservation schedule. He noted he thinks a two day schedule would be more fitting. Mayor asked and Dishong said the City starts with a three day schedule but can also ratchet it down to a two day or one day schedule, if necessary. Dishong said the three day schedule is just a maximum watering schedule. He said the water conservation pilot that was done in the summer of 2008 was the basis of the information that told the City that conservation can be achieved on a three day schedule. He added it showed that there was a 10% reduction in water usage on the three day schedule. He noted this also has a lot to do with watering times as well. Sansing noted he still thinks a two day schedule would be a good starting point because the health of the lawn depends on the moisture level at the roots. Berryman agreed with Sansing regarding water conservation but added that most people on the West side of the highway must do quick watering three times a week in order to keep the grass alive. Brandenburg spoke about the possibility of having a minimum top soil amount He listed other ways in which the City can further incorporate water conservation, including a Conservation Advisory Board. Ross asked and Dishong said the first phase of the plan is three days, the second phase is two days and the third phase is one day and so on. Oliver agreed with Sansing's sentiment but noted he liked the option of having the flexibility to move from a three to a two or one day schedule. Sattler said he had the opportunity to follow someone who was cited because they did not know that they had two cycles on their water system. He noted they were cited by a fellow resident who saw them watering off of their schedule. He said, if the City is going to give people the authority to cite people for this type of violation, then the City needs to give it the best shot that it can that everyone understands what is going on. Sattler said, regarding Section 13.16.02, the City has to have a resource or a person that will go to residents' homes and added the citizens need to know that that resource is available. He said, regarding Section 13.16.070, the City does not address the construction companies that use fire hydrants and waste water. He noted the City needs to control that usage in other ways. He asked how the City would respond if a person is in compliance at a response level, and then they go out of town and the schedule is changed when they are gone He noted, in Section 13.16.120, a City Council Meeting Minutes/November 24, 2009 Page 5 of 8 Pages person can file a variance. He asked if this is a way that a person can avoid getting fined. He said, regarding enforcement in Section 13.16.110, there is a $2,000 fine for the first offense. He said charging $2,000 for a first offense is steep and, instead, the City should have a first offense be free and then that person must go to the court and work with the City's resources to straighten out their watering methods. He suggested the fine structure for the second, third and fourth offenses. He said the City has to find a way to stop retaliation from a neighbor turning in another person. He noted it would be more fair to have both the person citing the neighbor and the neighbor show up to court together. He noted, if the City is going to serve a citation, it needs to be done via registered mail with a return receipt. Sattler said the City has to have water conservation but it needs to be fair about how it is enforced. Eason said this is a first reading of the Ordinance and noted some of Sattlers concerns can be address. Eason noted one of the benefits of this Ordinance is to establish a particular time frame that people become accustomed to. She said this system can be set up so that the City does not continue to have these ongoing water problems. She noted one of the reasons fines are higher with water issues than with parking is because water is an essential resource that the City really needs to take into account She noted the strict fine will show how important this water issue is to the City. She noted it seems that before anyone is given a citation, his or her usage can be verified in the records of the City. Dishong said that much of what Sattler spoke about is what is already in the existing Ordinance and not in this new Ordinance being presented to the City Council He said the other thing he would like to point out is that the fines associated with this are also in the existing Ordinance. He said the City enters into these watering phases because it is a health and safety issue. He noted the City needs conservation to happen for firefighting water as well as water for domestic use. Berryman said there is a difference between one acre lots and small conservation subdivision lots. She noted this difference will not show up in water usage. She said the City should not make blanket statements about water usage because of the many variances in the City's soil. Berryman said it would seem that Sattlers request for another tiered look at the way the City fines people and offering people a warning would be a good way to inform the public Berryman said the City had a failure to communicate with the public about water conservation this past summer. She said it wasn't that the citizens were trying to break the law, but those people did not know the conservation watering schedule. She said there needs to be a way to work with the public Mayor said Sun City represents over 50% of the irrigation going on in the City. He spoke about the efforts made to spread the message about the watering schedule and restrictions throughout the City. Mayor also spoke about the water ambassadors and how they delivered the message throughout Sun City. Mayor asked and Brandenburg said there were about 40 to 45 citations pending at one time. He noted he is unsure how it was handled in Court. Berryman said, other than Sun City, community neighborhoods did not get notifications. Dishong said a lot of what Mayor described is what happened during the voluntary restriction period Dishong spoke about mailers sent out notifying people of the restrictions. Sattler said he is suggesting that staff look at these sections and take responsibility to educate people as much as they can and be a little clearer whenever this happens. Ross said this is a public safety issue and it can be serious in the summertime. He suggested that Council approve this Ordinance as presented and then get with staff about any possible changes they would like to suggest. Motion by Sansing, second by Eason to approve the Ordinance with the following amendments in Section 13.16.070 C.2 -A, change the mandatory watering schedule from three days to two days in Section 13.60.080 C.S. Phase 2 Water Restrictions, change the schedule from two days a week to every five days; in Section 13.60.90.C.4 Phase 3, change the schedule from one day a week to every seven days; and in Section 13.60.110, have the fines be a warning on first offense and up to $2,000 for all subsequent offenses. Berryman said she cannot support this motion because of the top soil variance. Brainard said he appreciates what Sansing is trying to do but he noted he does not agree with the two day watering schedule He said a lot of the Councilmembers have constituents that sit on rock. Ross agreed and said he likes the motion except for the two day schedule. Failed 2-5 (Berryman, Oliver, Sattler, Brainard, Ross opposed) Motion by Berryman, second by Oliver to approve the Ordinance as proposed on first reading. Oliver made a friendly amendment with the caveat that Council talk to staff about concerns and then staff will bring those back to Council at the next meeting. Berryman amended her motion to have the first offense be a warning and all further offenses be up to $2,000. Vote on the motion as amended: Approved 6-1 (Sattler opposed) Y Consideration and possible action on a proposal to revise the Budget and Fiscal Policy to permit the use of surplus monies in the operating budget for purposes other than "non-recurring expenditures" only; and clarifying the City's budget policy -- Keith Brainard, Councilmember District 3 Brainard reviewed the item and described the change he is proposing to the policy. He said this would eliminate City Council Meeting Minutes/November 24, 2009 Page 6 of 8 Pages the requirement to use one time surplus money on one-time expenses. He said this will result in a more conservative and fiscally prudent budget policy and practice. Brainard reviewed his intended motion to approve the revised language to the City's fiscal and budgetary policy. Eason said she needs more information about the change. She suggested that Brainard take this to the General Government and Finance Subcommittee. She said she would like to hear about why he is going with this approach. Brainard said this is about the City's long term budget policy. He noted, if future Councilmembers would like to use surplus or unexpended monies to help their districts or use for one time projects, there is nothing that would preclude them from doing so. He noted this change would only give the Council the flexibility to consider surplus monies as part of the ongoing budget. Motion by Brainard, second by Ross to revise Section 2.0 of the City's current fiscal and budgetary policy as presented. Sansing said he would also like to see this item go to the General Government and Finance Subcommittee. He noted, if this would be put in the budget, it would be on a year to year basis. Brainard said this would give the Council and City Manager the flexibility to consider this option in future years. Sansing asked and Brainard said this is saying that the City is allowed to consider excess and surplus monies when drafting the next yeats budget. Sansing said he wants to make sure this change won't affect the City's bond rating. Oliver said he is opposed to this because sustainable funding is a very difficult concept and there are other legislative bodies which use that language to drive a truck through. He said he is concerned about the potential of what could happen once Council is given this type of flexibility. Brainard said the language he is proposing is no different in kind than what the City already has. He addressed the issue of having a loop hole and noted the current policy states the City has to match current revenues with current expenses. Brainard said the City does not know what the current revenues are going to be and it tries to take its best guess. He said he is asking that the City continue that policy but remove the restriction from using surplus monies in the next fiscal years budget. Berryman said she sees there will be more transparency after this is approved. She noted the money being set aside will not be used in an effort to help plug in gaps in the budget for things like trucks and equipment Mayor asked and Brainard said, when he talks about surplus, he is speaking about leftover dollars from the previous budget. Eason said, since this is so directly affecting the finance department, she would like to hear from the Finance Director on this issue. Rundell said she understands where Brainard is going, but noted her concern is the theory that there not be excess that will be spent one year and then it can't pay for that same expense the following year. Rundell said having excess funds has helped the City, but she noted sustainability is just another word for ongoing expenses. She said the guiding principle for the budgetary policy is that the City is living within its means. She said her concern is to ensure that the City never overextends its expenditures by assuming that there will always be excess funds. Ross asked and Rundell said the City did not have excess funds this year but it does have excess funds over the projections. Ross said and Rundell agreed, at the end of the day, $398,000 is going to be rolled forward into this year's budget. He asked and Rundell said the excess funds vary from year to year from about $100,000 to $500,000. Ross asked and Brandenburg said the City has always had the money. Brainard asked and Rundell said the excess funds are traditionally used for one time projects that would normally be paid for by issuing debt. Brainard said, by restricting the use of these monies to one time expenditures, the money is more likely to be spent and the City is more likely to seek to raise revenue by raising taxes Rundell said using excess funds as an operating revenue stream goes against the GFOA. Eason said she disagrees with Brainard and said it is a bad idea to start putting these excess funds into operating costs. Eason said she is concerned with any idea that would use this type of money to create a false tax rate. She said she thinks the best way use this kind of money is to use it for one time expenditures. Brandenburg said there has always been excess revenues at the end of the year. He said, since he has been reading the policy, he sees that some flexibility has been there. He noted this is a policy decision that the City Council needs to make. Ross said the current policy guarantees any dollar that Council ever approves will eventually get spent. Berryman said this is a question of semantics and added she does not see anyone on Council or staff misuse this ability. Oliver noted Rundell said, if the City does this, it will not conform to the accounting standards of this industry. Rundell clarified and said that the GFOA has recommended policies and noted the standard is one to one spending. There was much discussion. Vote on the motion: Approved 4-3 (Oliver, Eason and Sansing opposed) Z Consideration and possible action to approve a Resolution revising the City's investment policy -- Laurie Brewer, Assistant Director of Finance and Micki Rundell, Chief Financial Officer With a PowerPoint Presentation, Brewer reviewed the City's investment policy and the proposed revisions and City Council Meeting Minutes/November 24, 2009 Page 7 of 8 Pages noted this is required under through the Public Funds Investment Act. She said the current policy is certified through the Government Treasurers of Texas. She reviewed the changes proposed to the City's investment policy including the addition of "public trust" as an objective before yield, minor changes for clarification and broker/dealer update. Motion by Ross, second by Brainard to approve the Resolution. Berryman recused herself from the item. Brainard asked and Brewer said these changes are brought to Council at the recommendation of the investment advisor. Approved 6-0 (Berryman off the dais) AA Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a contract for the 2009 Curb and Sidewalk Project to Smith Contracting of Austin, Texas in the amount of $796,418.40 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller reviewed the item. He described the sidewalks and curb improvements and the location of those improvements. Motion by Brainard, second by Berryman to approve the award of contract Approved 7-0 BB Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to appoint a Road Impact Fee Review Committee for the review of the City's Proposed Road Impact Fee Study, Final Draft Report -- Thomas R. Benz, Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Benz reviewed the item and said it is being recommended from the Georgetown Transportation Advisory Board He listed the names of the people being recommended for the committee. Sansing said the Transportation Advisory Board vetted this list in great detail and added he is confident with the proposed members. Motion by Sansing, second by Ross to appoint the committee members. Approved 7-0 CC Second Reading of an Ordinance to change the Cost of Living (COLA) adjustments and the Supplemental Retirement of the Texas Municipal Retirement System (TMRS) plan -- Kevin Russell, Director of Human Resources and Civil Service Russell reviewed the item and said this would reduce the Cost of Living Adjustment (COLA) on the Supplement Retirement as well as include the addition of a death benefit He read only the caption of the Ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2009-58. Approved 7-0 Motion by Sansing, second by Berryman to adjourn -- 8:17 p.m. Adjournment The meeting was adjourned at 08:17 PM. Approved: Mayor George Garver City Council Meeting Minutes/November 24, 2009 Page 8 of 8 Pages Attest: City Secretary Jessica Hamilton RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AUTHORIZING THE MAYOR TO SIGN THE ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATED TO THE NORTH AND SOUTH AUSTIN BRIDGES PROJECT. WHEREAS, the Texas Transportation Commission passed Minute Order Number 114335, authorizing the State to undertake and complete a highway improvement generally described as reconstruct the North and South Austin Avenue bridges from 2nd Street to Morrow Street, Georgetown, Texas called the "Project"; and, WHEREAS, for the Project the term reconstruct includes replacement, rehabilitation, preservation, protection, and/or anti-icing/deicing for bridges and tunnels on a public road; and WHEREAS, as part of the administration of the Project, the Capital Area Metropolitan Planning Organization, by resolution number 2014-11-4, awarded the City of Georgetown a total of $1,299,174 in Surface Transportation Program Metropolitan Mobility (STP -MM) for the Project; and WHEREAS, in order to determine which alternative best serves the interests of the citizens of Georgetown, the City supports a study of alternatives including the following (1) do nothing, (2) alternative alignment, (3) maintenance, (4) rehabilitation/preservation and/or (5) replacement through a public involvement process which is also a requirement of the National Environmentally Policy Act (NEPA); and WHEREAS, the STP -MM award by CAMPO, using the term reconstruct, may require the City of Georgetown to submit to CAMPO a Transportation Improvement Project (TIP) amendment in the Spring of 2017 based on the decision resulting from the range of alternatives undertaken by the City of Georgetown; and WHEREAS, TxDOT works with the Federal Highway Administration (FHWA) and other federal agencies to comply with the National Environmental Policy Act (NEPA) and uses the TxDOT environmental compliance process for state and local projects, where TxDOT is the state approval authority; WHEREAS, the Advance Funding Agreement between TxDOT and the City allocate funds including a City contribution of $142,000 for the environmental review and is required for TxDOT approval. Resolution No. ban a 1 to - L Page 1 of 2 Date Approved 3 a a NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS: SECTION ONE. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION TWO. The City Council of the City of Georgetown finds it to be in the best interest of the citizens of Georgetown to enter in the Advance Funding Agreement with the Texas Department of Transportation related to the North and South Austin Avenue Bridges Project. SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the Advance Funding Agreement and the City Secretary to attest thereto, on behalf of the City. SECTION FOUR. This Resolution shall become effective on the c� aday of no -r 2016. PASSED AND APPROVED on the as day of MW 6N , 2016. ATTEST: CITY OF GEORGETOWN, TEXAS S By: dA � Shelley N lin City Secre Dale Ross, Mayor APPROVED AS TO FORM: ,:�5�i -. 7- - Charlie McNabb, City Attorney Resolution No. Page 2 of 2 Date Approved 3�2;�aotLp