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HomeMy WebLinkAboutMIN 03.10.2009 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent: Keith Brainard, Gabe Sansjng, Dale Ross, Ben All Council Present Oliver, Pat Berryman, Bill Sattler, Patty Eason Staff Present: Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney; Jim Briggs, Assistant City Manager for Utility Operations; Micki Rundell, Director of Finance and Administration; Elizabeth Cook, Acting Community Development Director; Dennis Schoenborn, IT Director; Leticia Zavala, Controller; Terry Jones, Facilities Manager; Kevin Russell, Human Resources Director; Jennifer Bills, Kathy Logue, Purchasing Manager; Edward Polasek, AICP, Principal Planner; Ken Finn, Animal Services Manager; Mark Miller, Transportation Services Manager; Regular Session = To begin no earlier than 06:04 PSI (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.) It=+�71U*7ti1T r ' • i . •. � Comments from the Mayor . Welcome and Meeting Procedures . Mayor mentioned the Waterin' the Mules unveiling and thanked all of the people who were involved in making that project a reality. City Manager Comments Brandenburg said he has no comments for this meeting. Action from Executive Session There was no action out of Executive Session. On a subiect 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 City Council Meeting Minutes/March 10, 2009 Page 1 of 8 Pages 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 Council Workshop held on Monday, February 23 and the Council Meeting held on Tuesday, February 24, 2009 -- Jessica Hamilton, Assistant City Secretary Sattler said he has an addition to Item V on the February 24 Council Meeting minutes. He noted he would like to add the language "Sattler stated that this is Phase Two of a $1.2 million engineering contract given to HDR that has only $30,000 content of a qualified local professional service (2.5%)." D Consideration and possible direction to staff regarding the Neighborhood Stabilization Program grant application -- Jennifer Bills, AICP, Housing Coordinator Sattler asked and Bill said the financial impact of this is unknown. She said it is a revolving loan fund and noted it is unclear at this point. She said it would probably cost in staff time. E Consideration and possible action regarding a Resolution granting a petition and setting public hearing dates for the voluntary annexation into the City for 0.73 acres, more or less, in the Burrel Eaves Survey, Abstract 229, for Sun City Softball Field, located north of Sun City Boulevard and southeast of the Community Gardens. Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Community Development. F Consideration and possible action regarding a Resolution granting a petition and setting public hearing dates for the voluntary annexation into the City for 7.47 acres, more or less, in the Burrel Eaves Survey, Abstract 229, for Sun City Softball Park, located north of Sun City Boulevard and west of State Highway 195. Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Community Development. G Consideration and possible action regarding a Resolution granting a petition and setting public hearing dates for the voluntary annexation into the City for 184.91 acres, more or less, in the Barney C. Low Survey, Abstract A-385, for Oakmont Crossing, located southwest of intersection of Westinghouse Road and CR 116/Rabbit Hill Road. Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Community Development H Consideration and possible action to approve an Electric System Management & Strategic Planning Services agreement with Jaster Consulting, of Georgetown, Texas in an amount not to exceed $25,000 -- Ken Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for acquisition of a permanent utility easement to effectuate certain public utility infrastructure improvements -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations J Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for acquisition of a permanent slope easement to effectuate certain public road infrastructure improvements -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations K Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for acquisition of real property to effectuate certain public road and utility infrastructure improvements -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations L Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for acquisition of real property to effectuate certain public road infrastructure improvements --Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/March 10, 2009 Page 2 of 8 Pages M Discussion and possible action to approve a resolution and amended performance agreement regarding Enflite, Inc. -- Mark Thomas, Economic Development Director Motion by Oliver, second by Sansing to approve the Consent Agenda with the correction to the minutes. Approved 7-0 ••, �•;i a•. •, Council will individually consider and possibly take action on any or all of the following items: N Consideration and possible action to authorize the City Manager to execute an engagement letter for legal services with the firm of Bickerstaff Heath Delgado Acosta, LLC -- Paul E. Brandenburg, City Manager Brandenburg said many questions were asked about the census and redistricting process. He said staff is looking for Council to approve this engagment letter. He added the firm will assist in this process. He mentioned that the estimate is $37,000, which will not have to be budgeted until 2010. Motion by Sansing, second by Sattler to approve the engagement letter. Approved 7-0 O Consideration and possible action to award the bid for landscape maintenance services at City facilities to We Mow It Landscaping in the estimated annual amount of $59,469.00 --Terry Jones, Support Services Manager and Micki Rundell, Director of Finance and Administration Jones explained the item and said this contract will be for a two year period with an option to renew for three additional one year periods. He noted this looks familiar because this bid was awarded to a differnet contractor who was unable to secure the appropriate workers compensation coverage. Motion by Berryman, second by Sattler to approve the award of bid. Approved 7-0 Sansing thanked Jones for using a local company. P Consideration and possible action regarding an interlocal agreement with CARTS, related to the transit pilot program and program to develop transit services -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Community Development. Polasek said there is no final interlocal agreement because staff wants to go over certain parameters with Council before drafting it. He reviewed past motions and direction from Council regarding this issue. He said a phase two route was proposed to the Working Group. He added the Group recommends that the remaining amount identified for the pilot program be used for the original purpose to develop a business plan and find funding options to implement a public transportation plan for Georgetown. He said CARTS is a cognisent local govenment agency and they would be the most likely source to receive funds if the City applied for a grant. Polasek said the agreement will direct CARTS on how to spend the money. Polasek said the Working Group recommended a new Interlocal with CARTS and also recommended three other items. He noted staff would also like to create some type of special purpose planning committee. He said the CARTS recommendation is to draft a new interlocal agreement with them that would create a financial and operational plan for a bus system. He listed how CARTS would go about creating this plan. He said the interlocal agreement would create a new steering committee. He reviewed the staff and working group recommendations. Sattler asked and Polasek said staff will use any criteria given by Council to select the membership of the Steering Committee. Berryman asked and Polasek said staff would use the $45,000 toward grant applications. He noted CARTS does not have full time grant writers. He said the money would also go toward some consultant time. Sansing said Council voted to spend the balance of the monies on the test route serving the Southeast part of town. Polasek agreed and added thst program would only be a two month program which would not produce viable results. Sansing said the City was testing to see if a system in Georgetown is viable and once the City concluded the test, the Council and study group were to determine whether a bus route was feasible and how to fund it. Eason said the $75,000 was brought forth by the City Manager was for a business plan and finding the resources to fund a system. She added there was interest in City Councilmembers, in particular Sattler, to do a test of ridership. She noted Council then agreed to test with a pilot program. She noted the program proved it is impossible to test. She said the pilot was determined to be a failure. She noted, when the Working Group saw that the Council only wanted to test one piece of a system, the group thought it more appropriate to use of the funds to do the research to find what kind of federal or state funding would be available for a complete bus system. She noted the task force thought it is not worth the time or money to follow through with an inefficient test. She summarized the many opinions of the task force. Mayor reviewed the request from staff and said the issue before Council is an alternate option to do something different than what was originally recommended by Council. Speaker, Julia Von Alexander, said she is a student at Southwestern and is here to represent her fellow City Council Meeting Minutes/March 10, 2009 Page 3 of 8 Pages students as well as the environmental club. She said the students would benefit greatly from the bus system. She said she would like to ride the bus in order to reduce her carbon footprint. She noted she would ride her bike, but there is no bike lane. She said she would like to support the Working Group's recommendation. She noted, if people have to wait an hour, it would be faster to walk the route. She said the plan to run phase two would fail and recommended that Council make the transit system a priority. Speaker, Dawn Jennings, said she works for the school district and is at the meeting representing parents and children who have physical, cognitive and developmental disabilities. She said this population is unable to transport themselves and they completely rely on public transportation. She said she hopes that Council will keep in mind that there is a population that has an basic need for public transportation. Speaker, Lulena Parkhurst of LULAC, said the organization has discussed the issue of the bus pilot at a couple of their meetings. She said LULAC sees a great need for alternative transportation for the hispanic community. She noted the group saw a couple of issues with having the second route. She added they thought it would be two many or too little stops and it would be hard to convince people to use the system. She said, as a group, LULAC supports the recommendation from staff and the fixed transit working group. Speaker, Sally Spalding a student at Southwestern, said citizens told her they would use the bus to go to work, get to school, and have fun. She said she went to Granada, Spain and noted their extensive public transit system. She said Granada is about the same size as Round Rock. She said the key issue is that people every age will use the public transit system. She said Georgetown can have the same thing as Granada, but the City needs better planning. She said, if you cut off the heart of something, it won't work and function the way it should. She told Council to make planning a priority. Speaker, Jessica Bolton a student at Southwestern, said she supports the recommendation from the Working Group. She said she believes this will be a better use of the money. She said many surveys collected around the Stonehaven community demonstrate the need for a bus system. She spoke about the many people who have the need for public transit. SShe said a healthy bus system could improve the quality of life for many residents of Georgetown. Speaker, Daniel Anstee, said he is here as a representative of the Boys and Girls Club as well as a City resident. He said he supports the recommendation of the fixed transit Working Group. He said he serves many families with low economic status. He spoke about the benefit a bus system could provide for the citizens of Georgetown. He said he would like to see a bus route that comes close to the Boys and Girls Club. He spoke about the many people he has met who could use the transit system. He said the experts believe the success depends on how multiple routes could relate to one another. Speaker, Vanessa Toro, said she represents the students at Southwestern. She noted the majority of people agree that this bus system is needed, but added Phase Two is a phase that is destined to fail. She noted, because it is destined to fail, it will not be able to appropriate the final system. She said it would be used against the system and for ten years people will say that a bus system will not work in Georgetown. She said the recommendation from the Working Group is the right way to go. She said the group is presenting viable options and solutions to help Council give the community what they need. Brainard asked and Polasek said the $45,000 will provide Council with a business plan and operational cost. Ross said this has been a yo-yo process from day one. Ross said, before he votes on anything, he would like to see who would do the business plan, how much it would cost, and estimated outcome of the expenditures. Polasek said staff is asking for direction from the Council on the interlocal agreement. Ross asked that staff bring this back so that Council can talk to it. Polasek said that is the direction staff will take. He noted staff will come back with an interlocal recommendation for Council to direct them on. Ross said, when the first phase was done, the City increased its carbon footprint unless the City will be able to gain more ridership. Oliver said this item is just a recommendation to go with an interlocal agreement and he respects the recommendation from the Working Group. Berryman said she could consider supporting this, but she is not sure if it takes the full $45,000 to get a business plan. She asked if it would be possible to use any leftover funds to gain a matching grant to buy the Boys and Girls Club a van. She explained the need the Boys and Girls Club has for a van. Sattler thanked the working group for reviewing this again. He said he could support the interlocal agreement and added he thinks Council is proceeding down the right road. Motion by Oliver, second by Sansing to approve the recommended motion from staff. Sansing said he thinks this might be money well spent and added his concern is that this study gather the most accurant cost figures as possible. He said he wants to see this system happen, but only if it is financially viable. Ross said he can not support the use of any money at this point until he sees an outline of costs and the business plan. Oliver said this motion does not commit Council to spend money, but only recommends staff and the Working Group to City Council Meeting Minutes/March 10, 2009 Page 4 of 8 Pages bring back an interlocal agreement with those details. Sansing asked and Polasek agreed the City will be going to CARTS to create an interlocal agreement. Oliver said and Polasek agreed staff will come back with an interlocal agreement as well as a budget. Brandenburg reviewed the recommended motion. Sattler said the initial cost is one thing, but the ongoing cost is something that has to be explored. Berryman asked and Polasek said the City has a Working Group but not a full committee right now. Approved 7-0 Q Consideration and possible recommendation related to prioritization of potential "Stimulus Funded" local transportation projects list -- Edward G. Polasek, AICP, Principal Planner Berryman left the dais. Polasek reviewed the item and said these funds are separate from the TXDOT administered funds. He noted these stimulus funds are going directly to CAMPO. He said CAMPO has created another call for projects that may be eligible for stimulus funding. He noted the staff came up with a small list of construction projects in the CAMPO region. He said staff is recommending the Lakeway Bridge Project which is a stimulus eligible project. He spoke about the history of the Lakeway Bridge project. He said the project is eligible for funding but the City has to make the application and provide the match. He explained the application process. Berryman returned to the dais. He said a Resolution has been drafted and staff recommends Council to move forward. Motion by Brainard, second by Sansing to approve the Resolution. Approved 7-0 R Consideration and possible action regarding a resolution directing the publication of Notice of Intention to Issue City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2009; and other matters related thereto -- Micki Rundell, Director of Finance and Administration Rundell explained the item and said the City is getting ready to issue Certificates of Obligation, some of which are related to the purchase of the Albertson's Building as well as the payment to the County for the widening of Williams Drive. She said the Ordinances will be read in April. Motion by Ross, second by Berryman to approve the Resolution. Sattler asked and Rundell said this will be included in the 2009 tax rate and it will be as much as .015 of one cent. Approved 7-0 S Consideration and possible action to approve a Resolution requesting the Texas Department of Transportation to implement school zones with appropriate speed reductions along SH 29 contiguous to the Georgetown ISD Ninth Grade Center and ST. Helen's Catholic School -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item and said, at the February 10 Council meeting, staff was recommended to draft this Resolution to TXDOT. Miller said the representatives for both schools are in favor of the proposed speed changes. Motion by Berryman, second by Ross to approve the Resolution. Approved 7-0 T Consideration and possible action to appoint a Legal Services Subcommittee and establish hiring procedures to be used in the City Attorney Search -- Mayor George Garver Mayor said he is recommending to Council that a committee be appointed to deal with the logistics of seeking a City Attorney. He said Oliver is willing to be Chair of the committee. Oliver said he would like to formally establish the committee and noted Council went over the search procedures during Executive Session. He summarized the City Attorney Search procedures. He said the Council will ask staff to create a salary structure for this position and what would be an appropriate range for a person appointed to this position. He said the committee will include Oliver, Sansing, Brainard and any other Councilmember who would like to be on the Committee. Berryman and Sattler asked to be included on the Committee. Motion by Ross, second by Berryman to approve the appointment. Mayor asked and Oliver confirmed the Committee will allow the City Manager to be a non-voting member. Approved 7-0 U Consideration and possible action to appoint a City Secretary -- Mayor George Garver Mayor said Oliver served as Chair of the committee which interviewed candidates for the position of City Secretary. Motion by Oliver, second by Sansing to appoint Jessica Hamilton as that City Secretary at an annual salary of $57,000. Approved 7-0 V Consideration and possible action to approve a resolution increasing the Housing Authority membership from five to seven members -- Mayor George Garver Mayor reviewed the item and asked that Council approved the change in membership to the Georgetown Housing Authority. He asked that Council approve the change in membership. Motion by Berryman, second by City Council Meeting Minutes/March 10, 2009 Page 5 of 8 Pages Sansing to approve the Resolution. Sansing asked and Carls said it is State law that, when the membership goes to seven members, two who would be elected from the local housing unit. Sansing asked whether residents that live in the Shady Oaks housing unit can serve on the Board. Speaker, Naomi Walker, said two commissioners must come from a "public housing property" and noted Shady Oaks is not considered a public housing property. Carls said the Housing Authority can recommend names, but it is the Council ultimate authority to appoint the members. Approved 7-0 W Consideration and possible action to approve the appointment of five non -tenant members to the Board of Commissioners of the Georgetown Housing Authority, and reserve the appointment of the newly created tenant member until after the election by the public housing property for which there is no current representative (Stonehaven)-- Mayor George Garver Mayor reviewed the item. Brandenburg listed the member names. Motion by Berryman, second by Sansing to approve the appointment of the members. Sansing asked and Carls said Council does not have to amend this motion to include the actual election process. She added the Housing Authority will take care of this themselves. Walker reviewed the election process, saying the hope is that there will be a more extensive process in place by next year. Berryman asked and Walker spoke about the improvements to Shady Oaks and explained the relationship between that housing complex and the Housing Authority. Sansing mentioned the term limits of some of the appointed members. Walker noted Council can not place a residency requirement on any of the members. Carls asked to clarify the terms for each of the newly appointed members. Mayor said it was necessary to stagger the terms by giving each new member either a one or two year term. Carls read off the term limits for each new member and noted this information was not provided to Council on the agenda item cover sheet. Ross asked that someone share what the terms will be. Hamilton said she has record of the terms in her office. Sansing asked that Council agree on the members and, at the next meeting, come back with the specified terms. Mayor said the committee did not discuss terms and he assigned those terms after the meeting ended. He said the term limits were recommended by the Chair. Brainard amended the motion to vote on the members and bring back the terms at the next meeting. Vote on the motion as amended: Approved 7-0 X Consideration and possible action to appoint Tamara Hudgins to the Alain Street Advisory Board -- Mayor George Garver Motion by Brainard, second by Sansing to approve the appointment. Approved 7-0 Y Consideration and possible action to appoint Steven Proesel to the Arts and Culture Board -- Mayor George Garver Motion by Brainard, second by Ross to approve the appointment. Approved 7-0 Z Consideration and possible action to reappoint Peggy Moore and Rev. Robert Green and to appoint Harry Wiesner to the Ethics Commission -- Mayor George Garver Motion by Berryman, second by Sansing to approve the appointment. Approved 7-0 AA Public Hearing for the voluntary annexation into the City for 0.73 acres, more or less, in the Burrel Eaves Survey, Abstract 229, for Sun City Softball Field, located north of Sun City Boulevard and southeast of the Community Gardens -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Community Development. Polasek explained the item and described the area. He added this will require an amendment to the Sun City Development Agreement. Public Hearing was opened at 7:39 p.m. No persons were present to speak. Public Hearing was closed at 7:39 p.m. BB Public Hearing for the voluntary annexation into the City for 7.47 acres, more or less, in the Burrel Eaves Survey, Abstract 229, for Sun City Softball Park, located north of Sun City Boulevard and west of State Highway 195 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Community Development. Polasek explained the item and and described the area. He said this is being added to the Softball complex. City Council Meeting Minutes/March 10, 2009 Page 6 of 8 Pages Public Hearing was opened at 7:40 p.m. No persons were present to speak. Public Hearing was closed at 7:40 p.m. Sattler asked and Polasek said these annexations will go to the Planning and Zoning Commission in April. CC Public Hearing for the voluntary annexation into the City for 184.91 acres, more or less, in the Barney C. Low Survey, Abstract A-385, for Oakmont Crossing, located southwest of intersection of Westinghouse Road and CR 116/Rabbit Hill Road -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Community Development. Public Hearing explained the item and described the area. He said there will be a Comprehensive Plan Amendment for this property. Public Hearing was opened at 7:42pm. No persons were present to speak. Public Hearing was closed at 7:42pm. Berryman asked and Polasek denied this will be an extension of Teravista. He said it is a commercial and employment- type development. DD Public Hearing and possible action on a Final Plat of a Resubdivision for Shell Addition, Block 1(S/PT), located on East 4� Street between S. College and Walnut Streets -- Robbie Wyler, Historic District Planner and Elizabeth Cook, Director of Community Development. FP -2008-054 Wyler described the item and said the property owner proposes to divide the tract into two residential lots of equal size. He noted this change would not require any type of utility extension. Public Hearing was opened at 7:44 p.m. No persons were present to speak. Public Hearing was closed at 7:44 p.m. Motion by Oliver, second by Sansing to approve the Final Plat. Approved 7-0 EE Second Reading of an Ordinance amending existing sewer rates to include a separate rate for the use of qualifying, non-residential evaporative cooling equipment -- Kathy Ragsdale, Utility Office Manager and Micki Rundell, Director of Finance and Administration Ragsdale explained the item and read only the caption of the Ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2009-14. Brainard asked and Ragsdale said they are industrial users. She added there are three with cooling towers and only two that qualify for the rates. Sansing asked and Ragsdale said, should someone put this in their home, they would not be able to apply for these rates. Ragsdale said this only applies to industrial developments. Approved 7-0 FF Second Reading of an Ordinance closing Public Hearing and levying the assessments for the cost of certain improvements in the Georgetown Village Public Improvement District #1; fixing charges and liens against the property located in Section 9 of the Georgetown Village Planned Unit Development subdivision and included in the district and against the owners thereof; providing for the collection of the assessment; providing an effective date; providing for a savings clause and repealing conflicting Ordinances or Resolutions -- Micki Rundell, Director of Finance and Administration and Patricia E. Carls, City Attorney Rundell reviewed the item and read only the caption of the Ordinance on second reading. Motion by Sattler, second by Sansing to approve Ordinance 2009-12. Sattler asked about the charges. Brainard asked about the increase rate citizens have to pay in order to live within the PID. Approved 7-0 GG First Reading of an Ordinance to make changes and deletions to the City's Personnel Policies -- Kevin Russell, Director of Human Resources and Civil Service Russell described the item and said this is a follow up to a discussion that occurred last month. He read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Berryman, second by Eason to approve the Ordinance on first reading. Ross asked about the longevity pay statistics for surrounding cities and County agencies. Russell said he knows those agencies have longevity pay but he does City Council Meeting Minutes/March 10, 2009 Page 7 of 8 Pages not have any specific numbers. Ross said that may be something that would be worth looking into further. Approved 7-0 HH Second Reading of an Ordinance repealing Section 7.05.140 of the Code of Ordinances pertaining to excessive noise from animals and amending Section 7.04.140 of the Code of Ordinances related to citizens complaints of excessive noise from animals -- Ken Finn, Animal Services Manager Finn explained the item and read only the caption of the Ordinance on second reading. Motion by Eason, second by Oliver to approve Ordinance 2009-13. Approved 7-0 11 First Reading of a Ordinance of the City Council of the City of Georgetown, Texas, amending section 8.12.020 of the Georgetown Municipal Code Relating to the Definition of "Temporary Food Establishment" -- Paul E. Brandenburg, City Manager Brandenburg explained the item and said this will keep the City in compliance with the rest of the District. He listed what type of baked goods this Ordinance would include. Brandenburg read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Sansing to approve the Ordinance on first reading. Sattler asked and Brandenburg said the Health District does not want food to be sitting out for more than four hours. Sansing withdrew his second. Brainard seconded the motion. Approved 6-1 (Sansing opposed) Motion by Oliver, second by Ross to adjourn. Meeting adjourned at 7:57 p.m. The meeting was adjourned at 07:57 PM. e Mayor George Garver (ity Secret*ypekiSO Hamilton City Council Meeting Minutes/March 10, 2009 Page 8 of 8 Pages City SII• �_'i• Texas March - ii• SUBJECT: Consideration and possible action to adopt a resolution authorizing the City of Georgetown to participate in an interlocal agreement with the City of Leander, Texas for the purpose of participating in an Interlocal Purchasing Cooperative Program -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration WFOO&INTUT&YEAMW The City of Georgetown has the general legal authority granted by the Texas Interlocal Cooperation Act, Chapter 791 Texas Government Code to access the contracts of other government agencies available through local, regional and state cooperative purchasing programs. The purpose of this agreement is to authorize the City of Georgetown and City of Leander mutual participation in various contracts for the procurement of various goods and services. Participation in this cooperative program will be highly beneficial to the taxpayers of the participating parties through savings to be realized. City of Leander is a Home Rule Municipal Corporation of the State of Texas that offers services and commodities that have been established through competition as prescribed by the laws of the State of Texas. Staff believes participation in this program will produce cost and administrative savings. Adoption of resolution will enable the City of Georgetown and City of Leander to realize the real benefits for both of our communities in terms of dollar savings and also in our ability to maximize the use of available resources. FINANCIAL IMPACT: There is no cost to participate in this program. Any items purchased through this contract that are $25,000 or over will be presented to the City Council for approval. SUBMITTED BY: Micki Rundell ATTACHMENTS: City of LEander Interlocal Cooperative Purchasing Agreement Resolution to Participate Cover Memo Item # E Attachment number 1 Page 1 of 3 STATE OF TEXAS § COUNTY OF WILLIAMSON § This lnterlocal Cooperation Agreement ("Agreement") is by and between the City of Leander, "Texas ("Leander"), and the City of Georgetown, Texas ("Georgetown'- , acting by and through their authorized officers. WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code; and WHEREA , Section 271;102 of the TEX. Loc,, GOVT CODE authorizes a local government to participate in a Cooperative Purchasing Program with another local. government or a local cooperative organization; and WHEREAS, a local government that purchases goods and services pursuant to a Cooperative Purchasing Program with another local government satisfies the requirement of the local governinent to seck competitive bids for the purchase of the goods and materials; and WHEREAS, each party has and will on an annual basis obtain Competitive bids for the purchase of goods and services; and WHEREAS, the parties desire to enter into a cooperative purchasing program which will allow each party to purchase under goods and services under each other's competitively hid contracts pursuant to Subchapter F, Chapter 271 of the TEX. LOc, OVIT CODE, NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: The purpose of this Agreement is to establish a cooperative purchasing program between the parties;_ which will allow each party to purchase goods and services under each other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEX, Loc, GOV'T CODE. Item # E Attachment number 1 Page 2 of 3 The tern of this Agreement shall be for a period of one (1) year commencing on the last date of execution hereof ("Effective Date"). Thereafter this Agreement shall automatically renew for successive periods of one (1) year each under the terns and conditions stated herein, unless sooner terminated as provided herein. Either party may terminate this Agreement by providing thirty (30) days prier written notice to the other party. The City Manager or designee for each of party is authorized to act on behalf of the respective. party 'in all matters relating to this cooperative purchasing program. Each party shall make payments to the ether party or directly to the vendor under the contract made pursuant to Subchapter F, Chapter 271 of the T Ex. Loc. GoV T COD& Each party shall be responsiblefor the respective vendor's compliance with provisions relating to the quality of items and terms of delivery. ARTICLE V 5,1 Relationshits of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust.. 5? Notice: Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, or by Band -delivery or facsimile transmission addressed to the respective party at the address set'forth below the signature of the party. 53 Amendment: This Agreement may be amended by the mutual written agreement of both parties hereto. 5'A Severabilillt In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 5.5 Governing Law: The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the Courts of Williamson County, Texas. Attachment number 1 Page 3 of 3 5.6 Entire Agreement: This Agreement represents the entire agreement among the parties with respect to the subject matter covered by this Agreement. There is no other collateral, coral or written agreement between the parties that in any manner relates to the subject matter of this Agreement. 5.7 Recitals: The recitals to this Agreement are incorporated herein. 5.8 Counterparts: This Agreement may be executed in any number of counterparts, each of whom shad be deemed an original and constitute one and the same instrument, By: Y IM By: . , Mayor Pro -Tern 200 W. Willis Street P.O. Box 319 Leander, Texas 7864.1 EXECUTED this day of , 20099 By: CI`T'Y SECRETARY 1y: Name: Title: Address: Item # E Attachment number 2 Page 1 of 3 A Resolution of the City Council of the City of Georgetown, Texas Approving an Interlocal Agreement with City of Leander, Texas for the Purpose of Participating in an Interlocal Purchasing Cooperative Program; Providing a Severability Clause; and Providing and Effective Date. WHEREAS; the City of Georgetown is a Texas Home Rule Municipal Corporation, and City of Leander is a Home Rule Municipal Corporation of the State of Texas; and WHEREAS, it is the desire of the aforesaid parties to comply with and further the policies and purpose of the Interlocal Cooperation Act, WHEREAS, The "Texas Interlocal Cooperation Act", Tex. Gov. Code Ch. 791, provides, in relevant part, as follows: 791.025 Government Contracts for Purchases (a) A local government, including a council of governments, may agree with another local government or with the state or a state agency, including the Texas Procurement and Support Services, to purchase goods and services. (b) A local government, including a council of governments, may agree with another local government, including a nonprofit corporation that is created and operated to provide one or more governmental functions and services, or with the state or a state agency, including the Texas Procurement and Support Services, to purchase goods and any services reasonably required for the installation, operation, or maintenance of the goods. This subsection does not apply to services provided by firefighters, police officers, or emergency medical personnel. (c) A local government that purchases goods and services under this section satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services. WHEREAS, Chapter 271, Subchapter F "Cooperative Purchasing Program," Tex. Local Gov. Code Secs. 271.101 - .012, provides that a local government may participate in a cooperative purchasing program with other local governments or a local cooperative organization established to provide local governments access to contracts with vendors for the purchase of materials, supplies, services, or equipment. Resolution No. Participation in Interlocal Cooperative Purchasing Program Page 1 of 3 Item # E Attachment number 2 Page 2 of 3 WHEREAS the City of Georgetown desires to participate with City of Leander in a Cooperative Purchasing Program. WHEREAS; the City of Georgetown has reviewed the benefits of participating in this program and based on this review has concluded the program will provide the best value to taxpayers of this municipality through the anticipated savings to be realized. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Georgetown as Section 1: 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. The City Council hereby finds that this resolution complies with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan. Section 2: The Mayor or Mayor Pro Tem of the City of Georgetown is authorized to execute the "Interlocal Agreement" attached hereto as "Exhibit A" for the purpose of authorizing the City of Georgetown to participate with City of Leander in a cooperative Purchasing Program. Section 3. If any provision of this Resolution or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are hereby declared to be severable. Section 4: The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. Section 5: This Resolution shall become effective immediately upon its passage. RESOLVED on the 24th day of March , 2009. ATTEST: Jessica Hamilton Assistant City Secretary APPROVED AS TO FORM: Patricia Carls, City Attorney THE CITY OF GEORGETOWN: By: George G. Garver Mayor Resolution No. Participation in Interlocal Cooperative Purchasing Program Page 2 of 3 Item # E Attachment number 2 Page 3 of 3 I certify the foregoing is a true and correct copy of the Resolution duly adopted by the City Council of the City of Georgetown on the 24th day of March, 2009. By: Jessica Hamilton Assistant City Secretary City of Georgetown, Texas Date: Resolution No. Participation in Interlocal Cooperative Purchasing Program Page 3 of 3