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HomeMy WebLinkAboutMIN 02.24.2009 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: Keith Brainard, Dale Ross, Gabe Sansing, Ben Oliver, Pat Berryman, Bill Sattler, Patty Eason Staff Present: Paul E. Brandenburg, City Manager; Patrica E. Carls, City Attorney; Jessica Hamilton, Assistant City Secretary; Micki Rundell, Director of Finance and Administration; Elizabeth Cook, Acting Director of Community Development; Shelly Hargrove, Main Street Manager; David Morgan, Police Chief; Kevin Russell, Director of Human Resources and Civil Service; Marsha Iwers, Purchasing Manager; Thomas Benz, Systems Engineering Director; Kathy Ragsdale, Utility Office Director; Ken Arnold, Energy Services Director; Mark Miller, Transportation Services Manager; Ken Finn, Animal Services Manager; Kevin Stofle; Leticia Zavala, Controller; Keith Hutchinson, Public Information Officer; Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. Sec.551.071: Consultation with Attorney 1. Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including this week's agenda items 2. Mark Shelton v. City of Georgetown, et a1; Cause No. A07CA063; in the United States District Court for the Western District of Texas, Austin Division 3. Lear v. Jimmy Lewis Fennell and City of Georgetown, Cause No. A08-CA-719LY, in the United States District Court for the Western District of Texas Austin Division 4. First Citizens Bank & Trust Company v. City of Georgetown, Cause No. D -1 -GN -08-02325, 53rd Judicial District, Travis County, Texas 5. Discussion of legal issues related to payment obligations for the Public Utility Improvements under the "Development Agreement with Forestville Associates, a Maryland General Partnership, regarding development of Wolf Ranch" dated September 11, 2003 6. Berry Creek Partners v. City of Georgetown , Cause No. 08-767-C277, in the District Court of Williamson County, 277th Judicial District Sec.551.086: Competitive Matters - Discussion regarding Power Supply Contract negotiations -- Jim Briggs, Assistant City Manager for Utility Operations Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Discussions or deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations - Project Erin. -Winery. -Lab Now. Sec.551.074: Personnel Matters - City Secretary Interviews City Council Meeting Minutes/February 24, 2009 Page 1 of 8 Pages Regular Session = To begin no earlier than 06:02 P (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 City Manager Comments - May 9, 2009 Elections - City of Georgetown Downtown Square Free Wi-fi - Police Commendations and Awards Brandenburg introduced Chief David Morgan who presented Officer Keith Laughlin with the Purple Heart Award. Morgan recounted the event where Officer Laughlin was injured and presented him with the award. Action from Executive Session Motion by Oliver, second by Eason to authorize the Mayor to make an offer for the position of City Secretary according to what was dicussed in Executive Session. Approved 6-0 Motion by Berryman, second by Oliver that the City Council authorize the Mayor to send correspondence to LCRA regarding the Wholesale Power Agreement consistent wth the memorandum and letter drafted by Jim Briggs and discussed in Executive Session. Approved 6-0 Motion by Berryman, second by Sansing that the City Council authorize the Mayor to send correspondence to the Wholesale Power Alliance stating that Georgetown withdraws from that group. Approved 6-0 Motion by Berryman, second by Sansing that the City Council authorize the Mayor to sign agreement(s) relating to the application by 3 B&J Wastewater Company, Inc. for a wastewater discharge permit from the TCEQ that are consistent with the comments on the draft permit sent by the City to the TCEQ; provided that, if there is time in the TCEQ process, that such agreement(s) be brought back to the City Council for final approval prior to execution by the Mayor. Approved 6-0 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 - Perry Walker concerning American Cancer Society's "Paint the Town Purple" and Relay for Life Walker spoke about Paint the Town Purple which is held each year to promote Relay for Life and Cancer Awareness. He said there will be a fundraising event on April 17th at Forbes Middle School to raise money for the American Cancer Society. He noted a proclamation will be made declaring April 17th "Relay for Life Day." 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. 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 City Council Meeting Minutes/February 24, 2009 Page 2 of 8 Pages 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, January 26 and the Council Meeting held on Tuesday, January 27, 2009 -- Jessica Hamilton, Assistant City Secretary D Consideration and possible action on a Preliminary Plat for 41.44 acres out of the Joyner Survey, to be known as Woods of Fountainwood, Sections 5 and 6, located along County Road 262 (Russell Park Road) -- Carla Benton, Planner II and Elizabeth Cook, Acting Director of Community Development Eason said she wanted to see that the protections in this item are enough to make sure there will be the proper fines if any of the trees are not saved. Benton said the City is required to do a protection plan and she said staff wil make sure that the applicant will protect the trees. Eason said she wants to make sure the City is able to punish offenders and Benton agreed. E Consideration and possible action to authorize a Donation Agreement with WSG Berry Creek IV, L.P., for the acquisition of a 0.266 -acre tract and a 0.008 -acre tract of land situated in the William Roberts Survey, Abstract No. 524, Williamson County, Texas, described therein, and related temporary easements, required for the construction of the Oak Tree Drive bridge -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations F Consideration and possible action to authorize the issuance of a Quit Claim Deed for the release of Lot 8, Block 11, Crystal Knoll Terrace Unit One, a subdivision of record in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet G, Slides 384-385, Plat Records, Williamson County, Texas, from dedication described thereon as "Public Water Storage" -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations G Consideration and possible acceptance of the independent audit of all accounts of the City reported in the Comprehensive Annual Financial Report (CAFR) and the single audit report for the fiscal year ended September 30, 2008 -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration H Consideration and possible approval of an agreement for investment advisory services with Valley View Consulting, Acosta, LLC -- Paul E. Brandenburg, City were pulled to L.L.C. Regular -- Leticia Approved Zavala, Controller and Micki Rundell, Director of Finance and Administration K Consideration and possible action to authorize the Mayor to execute a Resolution authorizing the Airport Manager to execute Letters of Agreement between the Georgetown Control Tower and the Georgetown Municipal Airport -- Travis McLain, Airport Manager and Paul Brandenburg, City Manager L Consideration and possible action to approve the request of Draeger Motor Company Inc. to assign their Airport Land Lease at 210 Hangar Drive, to James Draeger & Ron Draeger, a Texas Partnership -- Travis McLain, Airport Manager and Paul Brandenburg, City Manager Motion by Sansing, second by Berryman to approve the Consent Agenda with the exception of items I and J which Acosta, LLC -- Paul E. Brandenburg, City were pulled to the Regular Agenda. Approved 7-0 Council will individually consider and possibly take action on any or all of the following items: 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 the law firm will be assisting the City with redistricting. He said there was a question about doing this before the actual Census but he noted certain things need to be put in place publicly and structurally before the Census takes place. He said the US Census District Office is located in the Georgetown community and many staff members have been working closely with the City. He noted the redistricting effort is separate from the US Census. He added accuracy is going to be very important when it comes to the Census. He said staff is requesting approval of this engagement letter to Bickerstaff regarding redistricting. Mayor said the firm handled 120 other districts in the State and they are well versed in the nuances of redistricting as well as State and Federal mandates. Brandenburg said the firm may charge up to $38,000, but that amount will not be in the budget until 2010. Sansing said he wants to make sure the City is doing everything it needs to do. Brandenburg said it is important to make sure the City has someone on board with this issue because the City will be more efficient as the Census draws near. Brandenburg said, in the past, the City put together a citizen group. Eason said she wants to be certain that all citizens are counted in the Census. She said the redistricting City Council Meeting Minutes/February 24, 2009 Page 3 of 8 Pages is not going to go well at all until the City has all of the numbers. She said she wants to make sure all of the ground work gets done so everyone in the City is accounted for. Brandenburg said there are many legal requirements that the law firm will walk them through. Oliver said he would like to see the timeline of the entire process at a future Workshop. He ntoed it is important that Council have a roadmap before they make any decisions. Brandenburg said the Census data would not affect elections until 2011-2012. Oliver asked and Brandenburg said the meeting is scheduled for March 9. Eason said, in that presentation, she would like to get an answer from the firm on how the count is correctly reached. Mayor said this issue will be taken up at the next Workshop. J Discussion and possible action to approve the use of specified law firms for interim legal services related to utilities and economic development -- Paul E. Brandenburg, City Manager Eason asked and Brandenburg said this list consists of law firms the City has used for previous projects. He said specific engagement letters will be brought to Council on a project by project basis. Motion by Berryman, second by Brainard to approve the use of specified law firms. Oliver said it would be appropriate for the legal services subcommittee to look into this. Sansing said he can not whole-heartedly endorse all of the firms. Approved 7-0 M First Lady's Texas Treasures Award Presentation -- Shelly Hargrove, Main Street Manager and Mayor George Garver Mayor introduced Shelly Hargrove and acknowledged her work. Hargrove said, through the Texas Historical Commission and the First Lady of Texas, Georgetown can now be called a "Texas Treasure." She said Georgetown is part of the first group of cities to receive this award. She said the Award recognizes Georgetown's commitment to preservation. She said she would like to recognize Renee Hanson, Linda McCalla, Chris Dyer, and Judge Dan Gattis for their work toward this effort. She noted the THC annual preservation conference will feature Georgetown on the Texas Treasure's Tour. Hargrove played the the Texas Treasure's Award video for the Council. She said the video is available online at the Main Street website. Hanson said she was honored to be selected to receive the Texas Treasure's Award on behalf of the City. She presented the award to the Mayor. N Consideration and possible action to appoint new members to the City's 2009/2010 Boards and Commissions -- Mayor George Garver Mayor said he has learned how important citizen involvement is in the community. He said he has not fully appreciated citizen involvement and added, every year at this time, the Council looks at the City Boards and Commissions and their applicants. He said all of the members of the Council were truly impressed with the quality of applicants they received. Mayor thanked all of the applicants and welcomed the new members. He noted the three members of the Boards and Commissions Subcommittee were Sansing, Sattler, and Berryman. Each member of the subcommittee read off a list of new members, reappointed members, and current members of the committees. Motion by Oliver, second by Sansing to approve the appointments. Approved 7-0 O Present summary of 2008 Racial Profiling Report as mandated by the State Legislature -- David Morgan, Police Chief In accordance with Senate Bill 2074, Morgan presented a summary of the 2008 racial profiling report to the City Council. He said the statistical analysis shows that there is no evidence of racial profiling in Georgetown. He listed the number of traffic violations and arrests last year. Motion by Sattler, second by Brainard to accept the report. Approved 7-0 P Consideration and possible action to confirm the City Manager's appointment of Robert Fite as Fire Chief -- Paul E. Brandenburg, City Manager and Kevin Russell, Director of Human Resources and Civil Service Brandenburg explained the process of hiring the new Fire Chief and requested confirmation of the appointment of Robert Fite. Motion by Brainard, second by Berryman to confirm the appointment. Mayor asked and Brandenburg siad this confirmation is a part of civil service mandates. Brainard and Berryman commended Paul for finding what seems to be a great canddidate. Approved 7-0 Q Consideration of an award of the bid for heating, ventilation and air conditioning (HVAC) maintenance and replacement services to Hvacmasters in the estimated annual amount of $82,017.00 -- Terry Jones, Support Services Director Micki Rundell, Director of Finance and Administration City Council Meeting Minutes/February 24, 2009 Page 4 of 8 Pages Jones explained the item and said this service includes semi-annual inspections, monthly filter changes, replacement of equipment and repair as needed. He said, last year, the City spent a little over $85,000 on this service. Brainard asked and Jones said one of the bidders, Aspen Air, is a company that is based in Georgetown. Motion by Sansing, second by Brainard to approve the award of bid. Approved 7-0 R Consideration of an award of the annual bid for gasoline and diesel fuel to Sun Coast and Triple S Petroleum Company in the estimated annual amount of $1,000,000.00 -- Marsha Iwers, Purchasing Manager, Micki Rundell, Director of Finance and Administration Iwers explained the item and said staff is requesting an award of bid going to the lowest bidders. She said this is the first time the City has used SunCoast, but the company comes with favorable recommendations including City of Austin. She noted Triple S was awarded the previous bid and is a reliable vendor. She said fuel purchases will be used for City vehicles and equipment. She noted, as part of the contract, Texas Disposal Systems will be allowed to use the fuel. Motion by Sansing, second by Eason to approve the award of bid. Sattler asked and Iwers said the enterprise fee is only what is required by the State. Mayor asked and Iwers confirmed the City is using diesel fuel. Ross asked and Iwers said the City is exempt from some but not all motor fuels tax. Brainard asked and Iwers said the City buys the fuel on an as needed basis. Approved 7-0 S Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action for the award of the annual bid for miscellaneous fiber optic materials to various vendors in an amount not to exceed $250,000.00 annually -- Ken Arnold, Energy Services Director, and Jim Briggs, Assistant City Manager for Utility Operations Arnold explained the item and said there was good participation in the bid process. He said this will be used for the installation of new infrastructure that the City will continue to install over the next few years. Motion by Sansing, second by Oliver to approve the award of bid. Approved 7-0 T Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Task Order No. CDM -09-002 with Camp Dresser & McKee, Inc. (CDM), of Austin, Texas, for professional services related to the design and construction of a 3 MG ground storage tank for $291,600.00 -- Thomas R. Benz, P.E., Systems Engineering Director, and Jim Briggs, Assistant City Manager for Utility Operations Benz explained the item and said it was unanimously approved by the GUS Board. He said this particular storage tank is part of the Water Master Plan and it is needed to add additional storage to help improve the efficiency of running the plant. He said CDM worked on the environmental clearance with the Corps of Engineers and it also worked on the Master Plan. Motion by Eason, second by Berryman to approve the Task Order. Sansing commented on the influx of bidders that are received when times are slow. Approved 7-0 U Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to award a contract to Benitez Construction Inc., of Manor, Texas, for the construction of the San Gabriel Wastewater Improvements (SG3-A) in the amount of $1,845,788-- Thomas R. Benz, P.E., Systems Engineering Director, and Jim Briggs, Assistant City Manager for Utility Operations Benz explained the item and said this came from the GUS Board with unanimous approval. He said the City received nineteen bids and Benitez Construction is excited about this project. Motion by Eason, second by Oliver to approve the contract. Berryman asked and Benz said companies are bidding on this very competitively. Ross asked and Benz said this is a unit priced contract. Approved 7-0 V Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to approve Task Order No. HDR -09-001 with HDR Engineering, Inc. (HDR), of Austin, for professional engineering services to develop the Design Schematic and Plans, Specifications and Estimate (PS&E) for the Wolf Ranch Parkway extension, TIP Project #14A, a road connecting Southwest Bypass with DB Wood Road south of SH 29, in the amount of $329,622.00 -- Thomas R. Benz P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Benz explained the item and said this project is what is referred to as a jug handle and he explained the area where this change will occur. Sansing asked if there was a possibiltiy of breaking those two projects up and allowing a different company do each portion. Benz said staff wanted to keep the same company in order to expedite the project the quickest. Sansing said, in his opinion, it would seem quicker if the City broke the project City Council Meeting Minutes/February 24, 2009 Page 5 of 8 Pages up between two companies. Benz said it is quicker to stick with the one company. Sansing said he hopes that would change in the future. Sattler asked and Benz confirmed there is a local firm who could handle the second piece. 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%) **Changed per Councilmember Sattler - Approved at March 10, 2009 Meeting. Sattler said, in these hard times, the City needs to look into hiring local firms and local engineering companies. Benz said the City has tried to use as many local companies and firms as possible. Caris said, under professional services, there is no preference for local companies. She said being local can only be considered when it is tied to the scope and nature of the services. Brainard asked and Benz said the construction money for this project is in future years. Sattler said, that being said, why move with this project so quickly. Benz said it is good for the City to take advantage of the low bids they have been receiving. Brandenburg said design plans should be done as soon as possible with any project so when future money comes in, it can be followed through quickly. Ross asked about the criteria used for these services. Carls said the qualifications have to match up with the particular projects. Carls further explained this process. Ross asked and Carls said, for professional services, the City does not look at fees and added it only looks at qualifications. Brainard said and Benz agreed there are many companies and firms who can design a road or bridge. Benz explained the State procurement process. Motion by Oliver, second by Eason to approve the Task Order. Approved 6-1 (Sattler opposed) Sansing added it is critical for the City to go forward with this project. W Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action for approval of Task Order No. KPA-09-003 with Kasberg, Patrick & Associates, LP, of Georgetown, TX, for professional engineering services to develop the design of the Southeast Arterial One from Southwestern Boulevard to Maple Street in the amount of $410,685.00 -- Thomas R. Benz P.E., Systems Engineering Director, Jim Briggs, Assistant City Manger for Utility Operations Benz explained the item and said it was approved by GTAB at the meeting yesterday. He said this is the bond portion of SE -1 from Southwestern to Maple. He pulled up a map of the area for Council. He said KPA is currently designing the GTEC portion of this project as well. Motion by Sansing, scond by Brainard to approve the Task Order. Approved 7-0 X Second Reading of an Ordinance providing for the abandonment by Quitclaim Deed of a 0.12 -acre portion of Oak Lane street right-of-way at its intersection with Rivery Boulevard; providing for the terms and conditions of such abandonment; providing that a public hearing has been held; providing a conflict and severability clause and establishing an effective date -- Mark Miller, Transportation Services Manager, and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item and read the caption of the Ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2009-08. Approved 7-0 Y Second Reading of an Ordinance amending Section 6.16.080 of the Code of Ordinances related to Peddlers and Solicitors to shorten the duration of peddlers' and solicitors' permits from a period of one year to a period of fifteen days -- David Morgan, Police Chief Morgan explained the item and read the caption of the Ordinance on second reading. Motion by Berryman, second by Brainard to approve Ordinance 2009-09. Approved 7-0 Z Second Reading of an Ordinance of the City Council of the City Of Georgetown, Texas, zoning for traffic and rate of speed therein, on SH 29 in the city limits of the City Of Georgetown defining speeding and fixing a penalty therefor; declaring what may be a sufficient complaint in prosecutions hereunder; with a saving clause repealing conflicting laws and establishing an effective date -- Mark Miller, Transportation Services Manage, and Jim Briggs, Assistant City Manager for Utility Operations Mayor said the Council, at the last meeting, indicated the desire to proceed with this Ordinance but also asked staff to come back with a resolution to be directed to TXDOT to lower the speed limit in certain school zone areas. He noted the resolution is not yet ready. He recommended that Council approve the Ordinance so it will at least accomplish something. Miller introduced Scott Cunningham, a TXDOT Traffic Engineer for the Austin district. Motion by Sansing, second by Ross to approve Ordinance 2009-10. Miller read only the caption of the Ordinance on second reading. Miller explained the areas which are being affected by this speed limit change. Sansing said he still thinks the speed limit is too fast in this area and Berryman agreed. He said, if the City does not get a grip on the situation now, it will only get worse. Oliver said he understands the City does not control the speed limits in these areas, but he asked about the speed limit on University Avenue and whether or not it will be lowered. Miller spoke about the changes to be made on University to accommodate pedestrians. Brandenburg said the staff will come back at a later date with a resolution which will discuss the school speed City Council Meeting Minutes/February 24, 2009 Page 6 of 8 Pages zones at the Ninth Grade Campus as well as St. Helen's Catholic School. Berryman asked and Miller said the Resolution should be ready at the next Council session. Vote on the motion: Approved 7-0 Speaker Scott Cunningham, traffic engineer at TXDOT, said common sense says slower is safer and that is not necessarily true. He explained the 85% rule which is used in both the United States and Britain. He said, if the City lowers the speed limit, it is setting up the law abiding citizen for getting run over by the majority. He explained why lowering the speed limit is more dangerous. Sansing explained why he disagrees with the speaker's comments. Berryman said she requested the resolution and she added there are ways for the City to slow the speed limit down in the area. Cunningham said the safest speed is the 85 percentile. He added State law says cities can not post speed limits 12 mph higher or lower from the 85 percentile. Mayor thanked Cunningham for the information and knowledge he provided. AA Second Reading of an Ordinance revising Chapter 6.04 of the Code of Ordinances, related to Carnivals, as recommended by Code Enforcement to reconcile carnival hours with the hours of the juvenile curfew -- Paul E. Brandenburg, City Manager Brandenburg explained the item and read the caption of the Ordinance on second reading. Motion by Brainard, second by Berryman to approve Ordinance 2009-11. She Approved 7-0 BB Public Hearing to consider levying the assessments for the cost of certain improvements in the Georgetown Village Public Improvement District #1 for 129.5274 acres of land (Section 9 of the Georgetown Planned Unit Development Subdivision); fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment. -- Micki Rundell, Director of Finance and Administration and Patricia E. Carls, City Attorney Public Hearing was opened at 7:43pm. No persons were present to speak. Public hearing was closed at 7:43pm. CC First Reading of an Ordinance closing Public Hearing and levying the assessments for the cost of certain improvements in the Goergetown Village Public Improvement District #1; fixing charges and liens against the property located in Section 9 of the Georgetown 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 explained the item and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Berryman, second by Brainard to approve the Ordinance on first reading. Approved 7-0 DD First 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 citizen complaints of excessive noise from animals -- Ken Finn, Animal Services Manager Finn explained the item and said there is a noise section in the Animal Services portion of the City Code. He said there is a requirement for a signed statement from a person who files a noise complaint. He read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Eason asked about the length of this process. Finn said the City would investigate and perform a visual follow up within hours of receiving the complaint. He said the complaints are dealt with on an as -received basis. Sattler asked and Finn said staff asked for a signed statement because it will help staff separate themselves from being involved in a neighborhood dispute. Sattler said he would like for staff to avoid getting into a he-said/she-said situation. Finn said this ensures the person signing the statement will be willing to appear in court, if needed. Finn said it is difficult to ascertain what should be considered a nuisance and what would be considered a normal situation. Eason said the main concern is incessant, continuous barking all night long. Berryman said there could be situations where citizens abuse the law and Eason noted that would occur with any of the City's Ordinances. Motion by Eason, second be Brainard to approve the Ordinance on First Reading. Approved 7-0 EE First 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 Director and Micki Rundell Director of Finance and Administration Ragsdale explained the item and read only the caption of the Ordinance after having satisfied the requirements of the City Charter. She said there has been several requests to have a lower rate for the cooling towers. She City Council Meeting Minutes/February 24, 2009 Page 7 of 8 Pages said the City would like to create a rate just for this purpose. Oliver said and Ragsdale agreed this is the volumetric charge and added the monthly charge stays the same. Motion by Oliver, second by Sansing to approve the Ordinance on First Reading. Approved 7-0 Motion by Ross, second by Sansing to adjourn. Approved 7-0 Meeting adjourned 8:OOpm The meeting was adjourned at 08:00 PM. Mayor George Garver City Council Meeting Minutes/February 24, 2009 Page 8 of 8 Pages Attest: Citi Sl Hamilton