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HomeMy WebLinkAboutMIN 10.27.2009 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council resent: 11 Council Absent.U Keith Brainard, Gabe Sansing, Dale Ross, Ben All Council Present. Oliver, Pat Berryman, Bill Sattler, Patty Eason ,Staff resent: _ 11 Paul E. Brandenburg, City Manager; Mark Sokolow, City Attorney; Jessica Hamilton, City Secretary; Jim ;I Briggs, Assistant City Manager for Utility Operations; Micki Rundell, Chief Financial Officer; Elizabeth 11 'Cook, Community Development Director; Terry Jones, Support Services Construction Manager; Robert Fite, Fire Chief ; Travis McLain, Airport Manager; Thomas R. Benz, Systems Engineering Director; j Edward G. Polasek, AICP, Principal Planner; Brent Schacherel Interim Police Chief; Kimberly Garrett, I; Parks and Recreation Director; Carla Benton, Planner II; Laurie Brewer, Assistant Finance Director; j Glenn Dishong, Water Services Manager; Mark Miller, Transportation Services Manager; Regular Session -1'o begin no earlier than 06:10 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.) � Comments from the Mayor . Welcome and Meeting Procedures . Proclamation in recognition of Pancreatic Cancer Awareness Month Mayor read the proclamation and presented it to Linda Lilly, Facility Project Coordinator at Lone Star Circle of Care. . Planning Award for the Parks, Recreation and Trails Master Plan Mayor introduced Kimberly Garrett, Director of Parks and Recreation, who presented the award to the City Council. Action from Executive Session Motion by Sattler, second by Berryman to approve, as related to item 2, the settlement and to pay the landowners $22,834. Approved 7=0 Motion by Sattler, second by Berryman to approve, as related to item 3, the award for $6,500 and a settlement with the landowners for that amount. Approved 7=0 City Council Meeting Minutes/October 27, 2009 Page 1 of 9 Pages 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 subject 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 - Ron Boyd regarding water issues in Section C of Berry Creek Speaker, Boyd, showed the City Council a video of a past meeting with the Georgetown City Council. Boyd said the City Council made the wrong decision in 2002 and it did not solve the water issue in his neighborhood. - Marvin Dorsey regarding the management of the Housing Authority Speaker, Dorsey, said he has been Chair of the Housing Authority since March of 2009. He noted he wanted to speak to certain issues that have appeared in the paper. He spoke about the Sierra Ridge project and why the funding for that project fell through. He noted no one could have gotten that project funded under the current circumstances. 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 Council Workshop held on Tuesday, October 13th and the Council Meeting on Tuesday, October 13th, 2009 -- Jessica Hamiton, City Secretary D Consideration and possible action to re-sign the existing School Resource Officer contract to include signatures of current officials -- Brent Schacherl, interim Police Chief E Consideration and possible action regarding a resolution granting a petition and setting public hearing dates for the voluntary annexation into the City for 18.81 acres, more or less, in the 1. 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, Community Development Director F Consideration and Possible Action on a Preliminary Plat for 60.930 acres out of the Dyches Survey, also known as Walnut Springs Subdivision, Phase 11, located on Joshua Drive off of FM 3405 -- Carla Benton, Planner 11 and Elizabeth Cook, Community Development Director G Consideration and possible action to approve a Task Order KPA 10401 with Kasberg, Patrick & Associates, LP of Georgetown, Texas for professional services related to the Edwards Aquifer Recharge Zone Rehabilitation Phase VI & VII in the amount of $39,776.00 -- Thomas R. Benz, P. E., Systems Engineering Director, Jim Briggs, ACM for Utility Operations H Consideration and possible approval to appoint the Assistant City Manager for Utility Operations as signature authority on behalf of the City for joint use agreements in matters relating to sharing Texas Department of Transportation rights -of --way for City utilities and utility adjustment work -- Jim Briggs, Assistant City Manager for Utility Operations and Thomas R. Benz, P. E., Systems Engineering Director Consideration and possible action to approve Task Order No. TCI 10401 with Terracon Consultants, Inc., of Austin, Texas, for professional engineering services related to the Lake Water Treatment Plant 3 MG Clearwell in an amount not to exceed $20,000.00 --Thomas R. Benz, P. E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations J Consideration and possible action to approve Task Order No. SEL -10-001 with Schneider Engineering, Ltd. (SEL), of Boerne, Texas, for professional services related regulatory supports in an amount not to exceed $47,500.00 -- Thomas R. Benz, P. E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/October 27, 2009 Page 2 of 9 Pages K Consideration and possible action to approve purchases from Active Network to upgrade the Parks and Recreation Software in an amount not to exceed $45,000 -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services L Consideration and possible action to approve a Resolution approving the 2009/10 Budget and related Property Tax Assessment for the Georgetown Village Public improvement District #1 -- Laurie Brewer, Assistant Finance Director, Micki Rundell, Chief Financial Officer Sattler asked and Rundell said the wrong name on the contract is not an issue in regards to the City Attorney's name. Sattler asked and Rundell explained why this item was not brought to the particular Council member in the corresponding district. M Consideration and possible action to approve a Resolution documenting the City of Georgetown's support and acceptance of a grant from TXDOT to fund the rehabilitation of hte airport streets and to instals additional taxiway identification signs at the Georgetown Municipal Airport -- Travis McLain, Airport Manager and Paul E Brandenburg, City Manager Motion by Sansing, second by Berryman 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: N Public Hearing and First Reading of an Ordinance to amend the unified Development Code (UDC) Section 10.02 "Summary of Permitted Signs", Section 10.04 "Signs Prohibited Under this Code", Section 10.06 "Sign Design and Area Regulations", and Section 16.04 "Definitions of Uses" and adding new Section 10.06.070 "Changeable Electronic Variable Message (CEVM) Signs" -- Elizabeth A. Cook, Community Development Director Cook described the item and gave a brief history of this issue in the City of Georgetown. She said the current proposed Ordinance has locational, size and scope limitations and she described those limitations. She said there will only be one electronic sign allowed per property. She noted the text proposed would be amber on a black background with dimmer control and brightness control at night. She said emergency messages could be displayed as well. She said there are additional application testing requirements compared to what a regular sign would have. She described the Unified Development Code (UDC) process this amendment went through. She described some of the ideas and issues that came up at the Planning and Zoning Commission meeting in which this item was discussed. Cook said the current proposal would be a single image being displayed for 60 minutes, or the equivalent of 24 messages per day. She explained how different groups had recommended different length of times for the image display. She continued to describe the discussions that took place at the UDC Task Force meetings. She reviewed the proposed daytime brightness level. She showed Council a picture of the Dairy Queen sign in relation to Williams Drive and 1-35. She said Dairy Queen was the only business that participated in the task force meetings. Cook read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Eason suggested Council hear from the speakers before making a motion. Berryman asked and Cook described the current properties that would be affected by this proposed Ordinance. Cook noted the Ordinance is very limited as to which businesses along 1-35 would be impacted by this change. Speaker, Rick Williamson, said he has been involved in this process as well as the Planning and Zoning Commission meetings. He noted he has made many suggestions in order to reach a compromise on this issue. He said he is worried that these type of signs would take the driver's attention away from the road. He said, after speaking with other "Old Towners," he does not see the need to compromise anymore. He noted downtown is the attraction core for Georgetown and he does not believe it needs flashing electronic signs. He said downtown is like a donut hole that does not need to be disturbed. He asked Council to reconsider this decision. Speaker, Linton Mayfield son of Robert Mayfield, said people either love or hate electronic signs. He noted, from a business point of view, electronic signs has saved them precious time and reduced insurance by not having to physically change the signs. He said that the affected area of Williams Drive is very windy and the sign letters are known to fall from the manual sign. He noted staying static would not be a problem for the owner and they are willing to compromise and keep the digital image at 60 seconds. He gave Council a picture of their Dairy Queen on Burnet Road in Austin. He added they would also like to participate in the amber alert system. Speaker, Jean Carlson, spoke in opposition of the new amendment. She read a note from Jodi Salyer to the City Council Meeting Minutes/October 27, 2009 Page 3 of 9 Pages City Council on why approving this amendment would be the wrong decision. She noted she agreed with Salliers and said she does not want 1-35 to look like Tokyo. Speaker, Sherry Dana, said she does not agree with the fact that people are suggesting that this sign has to do with safety. She said this issue only has to do with competition for business along the frontage road. She spoke about refusing to stop in a town because of what it looked like from the highway. She requested that Council respect the UDC and deny this amendment. Speaker, Peter Dana, said he usually comes to Council as a naysayer but he is coming to the meeting as a supporter of the UDC. He noted he is against this sign amendment and he explained why approving this amendment would be detrimental to the City. Speaker, Ross Hunter, described why he thinks this is an odd amendment to the UDC. He said this amendment is odd because this was started because a specific request brought forward from Dairy Queen. He noted staff has created an amendment that specifically fits with what Council asked for last year. He said this would be chip away on standards set by the current Codes and the 2030 Plan. He noted attractiveness of the City means money. He read an excerpt out of the current 2030 Plan. He said the 2030 Plan exists from a lot of citizen input and it is a credit to Council that most people do not show up to meetings until crisis' erupt. He said the public's will has been codified in the 2030 plan and the Council is now chipping away from it. He said the majority of citizens who spoke at the task force public meetings were not in favor of this sign and added citizens fear the Council will act on their own personal opinions. He noted the question is whose opinion should count. Speaker, John Marler, said no business is going to leave an economically profitable spot like Georgetown. He stressed the fact that Council should not stray from the 2030 Plan by approving this amendment. Speaker, Renee Hanson, said the issue is whether or not the Council wants Georgetown to look like every other town along 1-35. She said, if Council approves this Ordinance, it is one more step in ruining the City's unique image. She said, if the Council chooses to approve the sign, that they should take Planning and Zoning's recommendation. Speaker, Ernest Paredez, director of operations for Dairy Queen, noted the current location was falling apart and said they came in with the intentions of improving the location and bringing in a new concept to a beautiful city like Georgetown. He said they just want to make sure they do not have old shoes with a new suit Public Hearing was closed at 7:18 p.m. Ross thanked the Mayfields for doing a wonderful remodel of the Dairy Queen. Motion by Ross, second by Oliver to not approve any amendment to the UDC. Ross said there will be no way to read that sign from 1-35 and said Dairy Queen already has a strong brand in Texas. He noted he is not sure who would actually read that sign while on the access road. He continued to question the readability of the sign. He said he does not see any good reason to tinker with the Unified Development Code because of this request. Sattler asked and Cook said Dairy Queen was the only business that actively participated in this process. Sattler asked and Cook said they never received any comments from the Economic Development department. Sattler asked and Cook said Dairy Queen's intention is to put up a pole sign and the electronic sign would be a component of the entire pole. Sansing agreed with Ross regarding visibility of the sign. Sansing said Dairy Queen is part of the Williams Drive Gateway and he noted that is a concern to him. He noted it does not appear that many other locations would be eligible for this type of sign. He added the new proposed sign would be smaller than the current sign as well. He said he does not agree with everything that has been said at the meeting and added he thinks the current sign Ordinance is ultra restrictive. He said he is in support of this Ordinance. Brainard had Cook put an example of an electronic sign on Dairy Queen. He noted he thinks this would be a detriment to the current landscape and he is in support of the motion. Oliver said he does not like these signs and added he does not like the fact that Council is trying to draw up an Ordinance to help one issue and request. He spoke about other aspects of the proposed Ordinance that he does not like. He noted these type of signs will not pull customers in from 1-35 and added the Ordinance is full of gimmicks. Berryman said she would be against flashing, moving, red lights and said she will miss the opportunity to have an amber alert in Georgetown. Eason thanked the Mayfield's for the renovation to the Dairy Queen. She gave an example of when her attention was drawn away from her driving toward an electronic sign on the side of the road. She spoke about how electronic signs are distractions to drivers. Vote on the motion: Approved 5-2 (Sassing, Berryman opposed) O Consideration and possible action related to the formation and transition of Georgetown utility Systems into a separately governed utility Board -- Jim Briggs Assistant City Manager for Utility Operations City Council Meeting Minutes/October 27, 2009 Page 4 of 9 Pages Mayor reviewed the item and Briggs described the history of this issue. Briggs said the advantages and disadvantages of creating a separate utility Board have been provided for the Council. He said the Georgetown Utility System (GUS) Advisory Board indicated, for the Board to make a better deciison on this issue, they would have to look into the management as well as bond issues. Briggs said, in order to do that, he would need additional resources and funds that he does not currently have. He said the issue is back on Council to decide on how the structure should be established. Ross asked and Briggs reviewed the direction given to staff from Council on this issue. Briggs noted the extra $10,000 would be used to create a complete study to bring back to the Board. Ross said he is not ready to spend $10,000 more dollars to research this issue. Brandenburg recounted the past direction to staff from Council. Oliver said, from reading the materials, there are legal issues but they are solvable. Oliver said and Briggs confirmed there would be a way to lay out a plan that Council is comfortable with in order to make this happen. Oliver said the issue is whether or not Council wants to give up direct control of rate fees. Sokolow said he has been in a City where Council has given power to a Board. He noted, other than rate setting, an issue can be management and how many resources Council wants to give to the Board. He noted independent does not always mean better. Sattler noted he can support this type of Board. He said his last employer was this type of Board and all decisions are made with the public interest at heart. Sattler said this type of Board could be more effective at replacing the lost tax revenues caused by the growing population of people 65 years or older coming into Georgetown. Motion by Sansing, second by Oliver to reject the idea of the creation of a separately governed utility Board. Brainard said he thinks this idea has merit and noted future Councils may not have the knowledge or abilities of the current Council. He said it may be good to take the potential politics away from the people who control the City's utility rates. Ross asked and Mayor repeated the motion on the floor. Berryman said she has concern about how Austin is running their utilities and she added she sees a need to explore the implication of politics and how they effect utility rates. Brainard asked that staff continue to explore this opportunity without having to spend extra money. Sansing said the current staff in the City's utility department is incredibly experienced. He noted the City is not ready or big enough to have a separate utility board. Brainard noted neither Council nor staff will always be here and politics need to stay out of this issue. Eason suggested that the finance director do a complete analysis of this type of Board. Brainard said he thinks this is a governance issue and added he thinks the City must have the resources in house available to prepare a full study on this issue. Vote on the motion: Denied 3-4 (Sattler, Berryman, Brainard, Ross opposed) Motion by Brainard, second by Sattler to keep the idea alive, strip it of the $10,000 cost, and have staff prepare alternative suggestions for future governance of the Georgetown Utility System. Eason made a friendly amendment to include a financial analysis. Eason asked and Rundell said there are financial concerns regarding any type of these Boards, particularly in regards to the City's debt. Rundell said Briggs has recommended a type of hybrid of these types of Boards. Brandenburg and Rundell reviewed other possible financial consequences. Mayor said, in his opinion, if it isn't broke there is no need to fix it. Sansing noted this type of motion sounds a lot like micromanagement. Berryman said this motion will enable the Council to make an educated decision on this issue in the future. She said the City will have many concerns in the future that the City can not ignore, including a a changing tax base, and it would not be wise to eliminate options. Vote on the motion as friendly amended: Approved 6-1 (Sansing opposed) P Discussion and possible action regarding information disbursement on issues that relate to Councilmembers' Districts -- Bili Sattler, Councilmember District 4 Sattler asked that, whenever something comes to the City Manager and applies to a particular district, that the Councilmember be made aware that that type of inquiry has been made. He asked that a notification be sent to each Council member when something happens in their district. Sattler said he is not looking to create additional work for staff but noted he would appreciate a small notification. Mayor asked and Sattler said this could go through the City Manager. Brandenburg said he could ask staff to notify each Councilmember every week of an event that is happening in their district. Brandenburg said he is willing to work with Sattler. Sattler pulled this item from the agenda and noted he will discuss this with the City Manager in the future. X First Reading of an Ordinance suspending enforcement of Section 10.16.030 B. of the Code of Ordinances, for four months, on all streets within the downtown overlay currently signed and marked for two-hour parking -- Mark Miller, Transportation Services Manager Miller reviewed the item and spoke about the history of this issue in front of Council. He noted he visited with the City Attorney and they have come to Council with a completed Ordinance. Miller read the entire Ordinance on City Council Meeting Minutes/October 27, 2009 Page 5 of 9 Pages first reading. Berryman noted she would like to shorten the moratorium time to one month so as to not completely eliminate the idea of a study. Motion by Berryman, second by Sattler that staff alter this Ordinance to a one month moratorium so as to not impair the businesses on the square in case the moratorium causes a parking problem. Sansing said he is not sure how staff could obtain a study with a moratorium. Berryman noted the moratorium should be able to tell Council how this affects the parking on the square. Berryman noted, in a short amount of time, the Council will be able to see whether or not a parking Ordinance is necessary. Berryman said she thinks too many people will be taking advantage of the parking during the moratorium. Ross asked about who would conduct a study and Berryman said that is a question for Miller or Brandenburg. Berryman said the business owners that park on the square in front of their stores are not doing very good business. Brandenburg said the two hour parking is still in effect until after the second reading of this Ordinance. He described other studies and surveys that have been done regarding the parking issue on the square. Sansing said he thinks a study needs to be done with the current parking limits in place before the moratorium goes into affect. Berryman said if the square is full of cars and there is no increase in sales, you know there is abuse going on by current business owners. Mayor suggested that staff take a questionnaire to the businesses along to square in order to get an opinion from the people that would be effected by this parking moratorium. Eason said she believes changes are necessary and a study must be done, but she does not believe there should be a moratorium. Speaker, Judy Lester, thanked Council and said this is a very important issue to her. She read an excerpt from Clark Thurmon's editorial in the Sun regarding the parking issue. She showed Council pictures of the square at 11 a.m. with cars filling all of the spots. She noted 70% of the spots were full and most of them were filled by employees of the local businesses. She gave Council copies of letters from businesses and people who were opposed to the parking moratorium. She noted the fine structure is, however, mean spirited. She noted she has never received any complaints about parking restrictions. She said she could agree with an increase to three hour parking as well as a one month moratorium, as long as it is not during the Holiday season. Speaker, Kyra Quenan, said she owns Quenan's Jewelers on the corner of 7th and Austin Avenue. She said her customers have never complained about the two hour parking limit. She noted, if Council approves a moratorium this season, it will be a "free for all" and will negatively affect the parking along the square. Speaker, Jack Hackmeister, said he owns and operates Chupa Rosa. He noted, if the people on the square who own the businesses do not park off of the square, they are not running a good business. He said there are 14 shops on the square and, if you have 10 minutes to spend each shop, a person will be over the two hour limit. He said, if the City has a two hour parking limit, it is saying that the square is only worth two hours of a person's time. Speaker, Lee Hamblea, said he represents small businesspeople who are renting on the square and who are not there for more than four hours. He said he designs websites and he hopes for some kind of permit in order to park on the square. Oliver asked and Hamilton explained the timing of the validity of the Ordinance if it is approved. Oliver said a 30 day moratorium would be very disruptive to the holidays if it were approved on the current schedule. Sansing said he thinks Council should postpone this Ordinance until January. Brainard suggested the option of moving the parking limit to three hours. Motion by Brainard, second by Sattler to change the two hour limit to a three hour limit indefinitely, continue to study the parking issue and proceed with revising the fine structure along the square. Mayor asked and Sokolow said staff could come back with a second reading Ordinance with the suggested changes from Brainard at the next meeting. Sokolow asked that Council discuss the issue of fee structure today. Berryman made a friendly amendment to include the fine structure of a warning on the 1 st offense, up to $20 for the 2nd offense and up to $75 on the 3rd offense. Brainard accepted the friendly amendment. Vote on the motion as amended: Approved 7-0 R Consideration and possible action regarding a request for disannexation by Durwood M. (Woody) Thompson, Jr., relating to those certain tracts of land having the 2009 Williamson County Short ID R091153 and R038789, and the street address of 801 and 900 Carlson Cove, and located in 2006 Annexation Area No. 8 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Community Development Director Polasek described the item and the land involved in this request for disannexation. He described the type of City Council Meeting Minutes/October 27, 2009 Page 6 of 9 Pages City services this area currently receives. He noted the City has not failed to provide any services to the applicant's property. He said this area was included in the 2006 annexations and added the request for disannexation was denied by staff. He noted, if this request for disannexation is approved, the City is required to hold public hearings as well as conduct financial reports. He said there would also be a 10 year moratorium on being able to annex the property again. He said the recommendation from staff is to deny the request at this time. Speaker, Thompson, said he and his family would like to be dropped from the City's tax rolls. He said it is hard to make a living out there and being annexed has cut into that deeply. Sansing asked and Polasek said, for the City's purposes, the area is zoned as agricultural and there is an AG exemption on that property at this time. Sansing said he does not like donut holes in the middle of the City. Oliver asked and Polasek said, if this property is disannexed for failure to provide services, the City can not annex the property for another ten years. Ross asked and Polasek said a listing of City services being given to the property has been provided to the Council. Thurwood said the only service his property receives is trash. Motion by Oliver to approve the request. Motion died for lack of second. No action was taken by Council. T Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to award construction contract with Cunningham Contractors & Assoc., Inc. of Georgetown, Texas for the construction of the LWTP 3 MG Clearwell in the amount of $2,622,800.00 -- Glenn Dishong, Water Services Director, Thomas R. Benz, P. E., Systems Engineer Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong reviewed the item and noted this item entails the actual construction of a third Clearwell to provide additional storage and help reach peak demand. He said this item was publicly bid and there were 25 contractors that responded. He said this price is substantially less than the engineer's estimate. Motion by Berryman, second by Sansing to approve the award of contract. Brainard asked and Dishong said the City is paying for this contract with cash and bonding. Ross asked and Dishong has done good work for the City before. Dishong confirmed staff has no reservations with this item. Approved 74 U Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to award a contract to CDM Constructors, Inc. (CCI), of Houston, Texas, for Lake Water Treatment Plant (LWTP) Filter #10 and Sun City Pump No. 4 and 5 for amount not to exceed $21033,200.00 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong reviewed the item and, with a Powerpoint presentation, gave a brief history of the Lake Georgetown Water Treatment Plant (WTP). He reviewed past projects that have been done on the plant. He spoke about the original plan for that site and noted there was a pump upgrade scheduled for 2012. He said the lake plant expansion was schedule for three different parts and he described those parts and when each part is scheduled to begin. He also spoke about the 3 MG Clearwell and the Sun City pump station. He showed Council a picture of the current Lake Georgetown WTP Master Plan. He reviewed lessons learned from the drought of 2009 including observations about the surface water supply, the ground water supply and the Sun City pump station. He said the City had a hard time alleviating fires over the summer because of the lack of available water. He reviewed the current plan and noted Brazos River Authority is going to increase the pumping capacity of the raw water line by two years up to the summer of 2010. He said staff is also continuing with the 3MG Clearwell Plant, which should be ready for service by the summer of 2010. He said, if the City goes with the standards process for design and construction of these plant expansion, the completion date would be pushed into late of 2010 or 2011. Dishong said staff is recommending the implementation of mandatory watering restrictions from May to October of each year. He noted Council directed staff to investigate additional options to bring the WWTP up and running sooner than what the current planning allows. He said staff is recommending Council declare emergency procurement to speed up the process. He showed Council a graph demonstrating future expansion options. He said the use of emergency procurement requires that the City declare that health and safety of the citizens is adversly impacted by the current situation. He noted declaring emergency procurement would bring the pump up and working 5 months sooner. He said the Georgetown Utility System (GUS) Advisory Board has recommended that the City declare that the emergency procurement is necessary. Eason asked and Dishong confirmed the aquifer was at good levels prior to this past summer and the drought we had this year could City Council Meeting Minutes/October 27, 2009 Page 7 of 9 Pages repeat itself. Eason noted, just because the City has had these recent rains, it does not mean we should ignore the issue completely. Dishong said the original plan would be to determine that the emergency option is not necessary. He said, if Council votes not to do the emergency procurement, it may require additional mandatory water restrictions for the next two summers. Dishong again summarized the item. He said this went to the GUS Board and it was approved with a 5-1 vote. Motion by Sansing, second by Berryman to approve the award of contract. Oliver asked and Dishong confirmed emergency procurement means the City will do this project without a bid. Briggs said the expansion is to create back up for the wells, which the City did not have this past summer. Sokolow said the procurement laws are one of the harshest and, if the City does not have an emergency, the Council could be removed from office and would risk not being able to serve for another four years. He spoke about the potential perils for the contractor as well. Mayor asked and Sokolow said his recommendation is that Council really consider the issue of procurement law and whether or not this is actually an emergency. Sansing said he thought they already took a vote on this issue and considered it an emergency a long time ago. Eason asked and Dishong said, if the City does not get moving on this project in the next two weeks, the City will not be able to get the project into the ground by the summer. Sattler asked and Dishong said the usage restrictions are a tool but Dishing added they are in a completley different category than being able to pull water on demand for the customers. Dishong said staff anticipates going to mandatory restrictions regardless of whether Council approves this or not. Berryman said her definition of an emergency is the possible loss of fire protection for the City. She said her only question is whether or not the City could avoid that emergency. Mayor said documentation from MCRA stating that the area is still in a drought should support the argument that this is indeed an emergency situation. Oliver asked and Dishong said the City will be receiving more pumping capacity from Stillhouse in June of next year. Oliver asked and Dishong confirmed, if Council does not do this, there will be mandatory water usage restrictions in place. Oliver said the question is whether the City can make it through two summers without adding additional water capacity. Dishong noted it is much harder getting through two summers rather than one. Mayor said the issue is not the amount of water the City has available, but it is the ability of the City to process it so that people's demands are being met. Sansing spoke about an incident in the past when filters blew out at the treatment plant, which put the City is great jeapordy. He said he would not like to see that happen again. Ross said he gets very nervous when people declare emergencies. Ross asked and Dishong said the drought of the past two years has been worse than the drought of record and that's why the City had not planned for this type of situation. Ross asked and Dishong said the City said this was an emergency back in July. Ross said he agrees this needs to be done but he asked why the bid process takes so long. Ross asked and Benz said, if the City went to competitive bidding, the plant would be ready by the fall of 2010. Ross asked and Dishong said there is no way to push up the deadline due to the problem with the lead time of the pumps. Sansing said he thinks the City still needs to conserve, but noted it also needs to have the appropriate infrastructure in place. Sokolow said it makes him nervous that Council is voting on a contract that they have not seen yet. He suggested that Council have a special meeting and speak to CDM about the details. Brandenburg and Oliver agreed with Sokolow and said Council should know what they are voting on. Berryman asked and Briggs said next week would be better than two weeks, which would push the construction schedule out by a month. There was much discussion. Berryman made a friendly amendment to discuss this issue on Monday. Sansing agreed. Sansing withdrew his original motion. Motion by Brainard, second by Berryman to revisit this issue at the Monday special meeting. Approved 5-2 (Eason, Sattler opposed) Q Consideration and possible action to award the bid for electrician services to Mercury Electric in the estimated amount of $90,000.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Chief Financial Officer Jones reviewed the item. Motion by Brainard, second by Berryman to approve the award of bid. Approved 7-0 S Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action for the award of the annual bid for Emulsion oil used in road construction to Ergon Asphalt & Emulsion, Inc. of Austin, Texas for the estimated amount of $50,414.70 -- Mark Miller, Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility Operations ` Miller reviewed the item. Motion by Brainard, second by Berryman to approve the award of bid. Approved 7-0 City Council Meeting Minutes/October 27, 2009 Page 8 of 9 Pages V Forwarded from the Georgetown Utility System (GUS) Advisory Board: Discussion and possible action to execute an agreement between the City of Georgetown and Clear Wireless LLC for the lease of antenna and equipment space at the James Street elevated storage tank in the amount of $29,000.00 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong described the item. Motion by Berryman, second by Brainard to approve the award of bid. Approved 7-0 W Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to amend the contract with the CH2M HILL OMI (OM1) for the management, operation, and maintenance of the City's water treatment plants for the period starting October 1, 2009 through September 30, 2010 with an operating budget of $1,513,514.00 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong described the item and noted the existing contract requires that the City go through annual amendments. He said OMI has requested from an increase in their base fee. Berryman left the dais. Motion by Sansing, second by Sattler to approve the amendment. Ross asked and Dishong explained why they are asking by Brainard for more money from the City. Approved 6-0 (Berryman absent from dais) Y Second Reading of an Ordinance to amend the Unified Development Code (UDC) Section 3.13.010" Applicability'; Section 3.15 "Variance (Zoning); repealing Chapter 4 Zoning Districts, Chapter 6 Lot Standards, and Chapter 7 Site Design Standards and adding new Chapter 4 Zoning Districts, Chapter 6 Residential and Agriculture Zoning Districts: Lot, Dimensional and Design Standards, and Chapter 7 Non -Residential Zoning Districts: Lot, Dimensional and Design Standards -- Elizabeth A. Cook, Community Development Director Cook described the item and read only the caption of the Ordinance on second reading. Motion by Sansing, second by Brainard to approve Ordinance 2009-56. Approved 6-0 (Berryman absent from dais) The meeting was adjourned at 10:13 PM. City Council Meeting Minutes/October 27, 2009 Page 9 of 9 Pages