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HomeMy WebLinkAboutMIN 02.10.2009 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: Patty Eason, Gabe Sansing, Keith Brainard, Bill Ben Oliver Sattler, Pat Berryman, Dale Ross Staff Present: Paul E. Brandenburg, City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Micki Rundell, Director of Finance and Administration; Patricia E. Carls, City Attorney; Jessica Hamilton, Assistant City Secretary; Thomas R. Benz, Systems Engineering Director; Leticia Zavala, Controller; Dennis Schoenborn, IT Director; Glenn Dishong, Water Services Director; Ken Arnold, Energy Services Director; Mark Miller, Transportation Services Manager; David Morgan, Police Chief; Kathy Ragsdale, Utility Office Director; Eric Lashley, Library Services Director; Dennis Schoenborn, IT Director; Elizabeth Cook, Director of Planning and Development; Marsha Iwers, Purchasing Manager; Judy Fabry, Library Administrative Assistant; Regular Session = To begin no earlier than 06:05 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.) A Call to Order e Comments from the Mayor - Welcome and Meeting Procedures City Manager Comments - The City will hold Elections for City Council seats for Districts 1, and 5 on May 9, 2009. The first day to file for candidacy is February 6, 2009, and the last day to file for candidacy is March 9, 2009. - All City offices will be open for business, and Texas Disposal Systems will run normal trash pickup routes on President's Day, which is on Monday, February 16, 2009. Action from Executive Session There was no action out of Executive Session. Public Wishing to Address Council 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. City Council Meeting Minutes/February 10, 2009 Pages 1 of 7 On a subiect not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B As of the deadline, there were no persons who requested to address the Council on items other than 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, January 26 and the Council Meeting held on Tuesday, January 27, 2009 -- Jessica Hamilton, Assistant City Secretary D Consideration and possible action to approve a Resolution to Implement Emission Reduction Actions to assist in clean air efforts and to maintain Williamson County's designation as "Attainment" in regards to ground level ozone standards -- Paul E. Brandenburg, City Manager E Consideration and possible action to approve a Master Services Agreement with Chiang, Patel & Yerby, Inc. (CP&Y) of Austin, Texas, for professional engineering services -- Thomas R. Benz, P. E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations F Consideration and possible action to approve a Master Services Agreement with Haynie Consulting Inc. of Round Rock, Texas, for professional engineering and surveying services -- Thomas R. Benz, P. E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations G Consideration and possible action to authorize Specialized Public Finance, Inc. to proceed with the preparation of the required bond offering documents for the upcoming April 2009 bond issues -- Micki Rundell, Director of Finance and Administration H Consideration and possible acceptance of the City's Quarterly Financial Report, including the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended December 31, 2008 -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration Consideration and possible action to approve Task Order No. CPY-09-001 with Chiang, Patel & Yerby, Inc. (CP&Y) of Austin, Texas, for professional engineering services related to the relocation of utilities for TxDOT Lakeway Drive Bridge Project in the amount of $20,129 -- Thomas R. Benz P.E., System Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations J Consideration of an award of the annual bid for printer cartridges to V -Quest Office Machines & Supplies, LTD. in the estimated amount of $23,000 and Toner Pius in the estimated amount of $3,800 -- Dennis Schoenborn, IT Director Motion by Sansing, second by Berryman to approve the Consent agenda in its entirety. Approved 6-0 (Oliver absent) Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: K Present summary of 2008 Racial Profiling Report as mandated by the State Legislature -- David Morgan, Police Chief This item was pulled by staff. L Discussion, direction and possible action regarding the Fiscal and Budgetary Policy as it relates to Public Art Funding -- Paul E. Brandenburg, City Manager Brandenburg explained the item and spoke about the history of public art funding in the City. He said the City Council Meeting Minutes/February 10, 2009 Pages 2 of 7 current policy is that one-fourth of 1 % of the City's General Fund should be used for public art funding. He asked that Council give staff recommendation on this matter. Sansing said and Sattler agreed it would be good to hear more about this issue. Motion by Sansing, second by Brainard that staff bring a report back to Council as to how the City might fund public art. Berryman made a friendly amendment to have staff include the cultural aspects of public art funding. Sansing approved the amendment. Ross said he would like to look at this to make sure that it is not tied to a percentage of the general fund. He noted each Council going forward could determine how much money should go toward this effort each year. Sansing reviewed past action by Council on this issue. Berryman recounted a past motion made by Council saying Ross is correct in that it is tied to a percentage. Vote on the motion: Approved 6-0 (Oliver absent) M Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a construction contract to A Greater Austin Development Company, of Austin, Texas for the construction of the Bridge Project — Oak Tree Drive in the amount of $931,163.00 -- Bill Dryden, Transportation Engineer and Thomas R. Benz P.E., Systems Engineering Director Briggs explained the item and gave a brief history of the project. He said there was a loss of life years ago involved in this particular low water crossing. He noted the bridge project was eventually included in the Capital Improvement Plan. Briggs said the City bonded this project at $1.5 million and listed the many improvements that money would go toward. He said the City received very competitive low bids. He noted the one issue on this item is the rail treatment because of the bridge's proximity to another bridge. He said there are different types of rails that are available at different prices. He noted the staff recommendation is a design that stays within the $1.2 million, but GTAB has recomended another option. Benz said the City received twelve bids and the lowest responsive bidder was A Greater Austin Development. He noted this bidder is the staff recommendation and added it comes with the C203 rail with the entire project totaling $931,163. He said there was an alternate bid with another rail which raises the price and budget by $147,000. Briggs showed Council estimated numbers regarding total project costs. He said the total bonds were $1.5 million, the curb improvements cost $118,400, the bridge itself cost $1,193,000, and the rail recommended by GTAB costs $147,800. He said this results in a total cost of $1,459,200. He noted the remaining bonds are $40,800. Briggs asked that Perry Steger, from Steger and Bizzell, explain the two options for railing available for Council's consideration. Briggs explained why the rail options will not be exactly like the rail on the other bridge, saying that the older bridge style would not meet current safety regulations. Using a Powerpoint presentation, Steger showed Council the two rail options for their consideration. He said the current rail is nice, but it does not meet the correct safety standards. He explained how the rails are tested for safety. He spoke about the CW2 Wyoming Rail which has recently been modified by the State of Texas in order to become ADA approved as a combination rail for both vehicle and pedestrian traffic. He described the CW2 Rail and said there is an option to wrap every fourth steel stand in rock, which would cost an extra $12,000. He noted this is the more expensive rail that GTAB is recommending to Council. Steger showed Council the TXDOT C203 Rail, saying there has not been one built yet in Texas and it has a more standard rail. He noted contractors are comfortable with building these types of rails. He said the C203 Rail gives a very open view when driving across the bridge. He noted staff is recommending the C203 Rail. Sattler asked and Steger said the Wyoming rail is the more expensive one by $147,000 and does not come under budget. Briggs said staff was hoping that the original price of $1.5 million would be able to cover roadway rehabilitation and the completion of the bridge. He said the current cost to restore and repair the pavement would be around $130,000. He noted, with the Wyoming rail, the City would have $40,000 leftover to go toward road rehab, but there would still be a need for an extra $90,000 in maintenance funds. He said the $90,000 amount would have to be addressed in next year's budget. There was much discussion about the cost of the two possible projects. Brainard recounted what was discussed on this issue in the GTAB meeting. He spoke about why GTAB voted for the more expensive railing. He noted GTAB felt this was an important piece of infrastructure in the area and the aesthetics should be considered since this will be a structure that will be looked at for decades. Eason said the only reason she voted for this bridge was for safety reasons and she thinks the cheaper railing being recommended by staff is plenty aesthetically pleasing. She said she is surprised that Council is even considering aesthetic options when she has been hearing so much wailing and nashing of teeth about money problems. She noted she is going to be voting for the staff recommendation. She said she would rather see the extra money go toward social service funding and kids programs instead of a more aesthetically pleasing bridge. Sattler asked and Rundell said, if Council votes for the staff recommendation, the extra money will go toward Berry Creek Drive repairs. Berryman said this is in her district and the bridge is within a stone's throw of the other bridge. She noted it was her wish to have the railing on both bridges look the same, but she understands it must be slightly different because of the safety factor involved. She said this is at the gateway to the City Council Meeting Minutes/February 10, 2009 Pages 3 of 7 neighborhood. Berryman asked and Briggs said he does not know how long the Berry Creek Drive improvements have been on the CIP and waiting to have road improvements. Briggs said staff has been looking into repairing Berry Creek before this project. Berryman said and Briggs agreed road maintenance funds would have to be taken out for the road improvements whether or not the bridge project was approved. She said this would only be taking bridge money and putting it toward an architecturally cohesive view of two bridges. She added this would be using bridge money for a bridge. Ross asked about the costs of each of the two bridges. Ross asked and Briggs said the estimated useful life for this bridge is around 100 years. Motion by Berryman, second by Brainard to approve the GTAB recommendation of the C203 railing with the stone columns cast in place. Sansing said the extra money to be spent on the C203 railing would be better used on road improvements. He noted he can not accept spending a higher amount if the staff recommended bridge is less expensive and perfectly acceptable. He added he does not think that would be fiscally responsible. Vote on the motion: Tied 3-3 (Sattler, Eason, Sansing opposed) (Oliver absent) Mayor broke the tie and voted against the motion. Motion denied. Motion by Ross, second by Eason to approve the CW2 bridge as recommended by staff. Approved 6-0 (Oliver absent) N Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve of the contract between American Archaeology Group, LLC. of Lampasas, Texas, and the City of Georgetown to provide archeological surveying for the 2006 Annexation Water and Wastewater lines for an amount not to exceed $58,350.00 -- Thomas R. Benz, P. E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Benz explained the item and said American Archaeology has done numerous projects for the City. Motion by Sansing, second by Brainard to approve the contract. Approved 6-0 (Oliver absent) O Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action for the award of the annual bid for wood poles to Thomasson Company of Philadelphia, Mississippi, and Texas Electric Cooperative of Jasper, Texas, in the estimated amount of $173,358.00 -- Ken Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations Arnold explained the item. Motion by Sansing, second by Brainard to approve the item. Brainard asked and Arnold said, for the type of construction, it is better to use wood poles as opposed to steel poles. Sansing asked and Arnold said the poles are estimated to have a 20 year life. Sansing asked and Arnold said the cost between wood poles and steel poles is substantial. Approved 6-0 (Oliver absent) P Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action for the award of the annual bid for miscellaneous streetlight material and lamps to various vendors in the estimated amount of $655189.57 -- Ken Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations Arnold explained the item and said the biggest portion of this expense is for the luminares. He noted there are some replacement poles in this purchase, but it mostly hardware. Mayor asked and Briggs confirmed the City recycles the wood poles. Motion by Sansing, second by Ross to approve the award of bid. Sansing said there is a local company building street lamps using LED lights. He spoke about these LED lights and how it would save the City a lot of money. He said he would appreciate it if staff look into LED lights. Arnold said that he and Briggs have looked into that option and the possibility of a pilot program on the same issue. Approved 6-0 (Oliver absent) O Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action for the award of the annual bids for water meters and accessories to various bidders in the estimated amount of $395,974.50 -- Glenn W. Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item and said this is being awarded to various bidders according to the products needed. He said items will be purchased by the warehouse as needed to maintain stock levels. Motion by Ross, second by Sansing to approve to award of the annual bids. Approved 6-0 (Oliver absent) City Council Meeting Minutes/February 10, 2009 Pages 4 of 7 Consideration and possible action to approve cost reimbursement contracts with individual Whitetail Subdivision residents for the design and construction of 950 feet of 8" water line -- Glenn W. Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item and said this brings to partial closure efforts to find a way to bring water service to the residents of Whitetail Subdivision. He explained how the City will be able to bring water to the area. He said the residents pay 50% of the construction upfront and the City finances the remaining balance over the next 5 years. He noted much of the cost will be recovered through water sales to those customers. Motion by Sansing, second by Brainard to approve the contracts. Brainard asked and Dishong said the City will be tapping into the water line running down Leander Road. Brainard asked and Dishong said the participants make up about 5% of the residents in the subdivision. Brainard asked and Dishong said this is potable water that will be used for domestic use as well as water hydrants which will be used in the area. Ross asked and Dishong said all of the residents will be able to benefit from the new fire hydrants. Sansing asked and Dishong confirmed that other residents, in the future, could pay to extend the line to include their property. Vote on the motion: Approved 5-1 (Sattler opposed) (Oliver absent) S Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Change Order #1 to expand the scope of the contract with Joe Bland Construction, LP for the 2008 Street Rehab Project Phase 11 to include the construction of 950 feet of 8" water line on Deer Draw at a cost of $115,591.00 -- Glenn W. Dishong, Water Services Director & Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item and said this is the actual construction of the water line that is involved in item R concerning Whitetail Subdivision. He said the City is going with the Change Order approach because 4 out of 10 of the residents have been withour water and all of the residents are in dire need of water. Motion by Brainard, second by Ross to approve the Change Order. Approved 6-0 (Oliver absent) T Forwarded from the Georgetown Utility System (GUS) Advisory Board: Discussion and possible action for a memorandum of understanding between CTSUD and the City regarding the acceleration of the Lake Georgetown WTP expansion and the future construction of a Southlake WTP jointly owned by CTSUD and the City -- Glenn W. Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item and said, per Council's direction, staff has been working out a way to obtain joint acquisition of a South water treatment plant site with CTSUD. He said this MOU puts more detail to how the City will expand water treatment plant capacity both at the south of the lake and at the existing site north of the lake. He said CTSUD is in need of water capacity. He explained the many points which were laid out in the agreement. He said the City is hoping for a completion by the summer of 2010. He noted CTSUD will pay the City $350,000 to cover the debt service costs the City will experience by accelerating the project by at least one year. He spoke about the efforts made at the new south plant site. Sansing asked and Dishong said staff has determined what the maximum capacity of the north and south sites would be. Dishong said the piping coming out of the buildings would have to match up. Mayor asked and Dishong said this would likely sustain the City over the next 5-7 years depending on the pace of development. Dishong said the landowner for the location of the south lake plant splits CCN's between the City and Chisolm Trail. Dishong said the City has agreed to acquire the balance of the CCN at a total of $250,000. Sattler asked and Dishong said the expansion is an optimum sizing. Dishong added the City has submitted the necessary paperwork to the Water Development Board in regard to the economic stimulus package. He said the City may potentially be able to obtain a 0% interest loan. Sansing asked and Dishong reiterated what will happen with the site's CCN. Motion by Ross, second by Sansing to approve the memorandum of understanding. Approved 6-0 (Oliver absent) U Second Reading of an Ordinance revising Chapter 9.08 of the Code of Ordinances, related to Weapons, as recommended by the Police Department -- David Morgan, Police Chief Morgan reviewed the item and read only the caption of the ordinance on second reading. Motion by Ross, second by Sattler to approve Ordinance 2009-07. Approved 5-1 (Sansing opposed) V Public Hearing and First Reading of an Ordinance providing for the abandonment by quit claim 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 City Council Meeting Minutes/February 10, 2009 Pages 5 of 7 Miller explained the item and spoke about the history of this issue. He read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Public Hearing was opened at 7:25pm. No persons were present to speak. Public Hearing was closed at 7:25pm. Motion by Sansing, second by Brainard to approve the Ordinance on first reading. Approved 6-0 (Oliver absent) W First 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 said this is an amendment to the current Ordinance. He said this reduces the duration of the permit from 1 year to 15 days. He said this will ensure that the peddler's have clean criminal records. He read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Ross to approve the Ordinance on first reading. Ross asked and Brandenburg explained why the time period was reduced to 15 days. Brandenburg said staff decided on 2 weeks because it seemed to be an adequate enough time to allow the solicitor's to complete their task. Ross asked and Morgan said the permits are $15 for an individual permit and $25 for a group permit. Morgan added the criminal history check would be $25. Brainard asked and Morgan said local non-profit organizations are exempt from this Ordinance. Carls read the exemptions to the Ordinance. Berryman asked and Morgan said the hours for the permits are 8:00 a.m. to sunset. Berryman said she has received a lot of complaints from her constituents about peddler's knocking on doors late at night. Vote on the motion: Approved 6-0 (Oliver absent) X First Reading of an Ordinance 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 therefore; 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 Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Miller explained the item and said TXDOT has done an engineering and traffic study in the area and decided the speed limit should stay the same as it is now, with the exception of certain areas. He listed those exceptions and noted the changes in the speed limit. Sansing asked if the City has a choice in this matter. Miller said TXDOT does the study and they give the City numbers, which the City must adopt. Miller said this is set by the books and the City can not change the speed limit in those areas. Carls said the City can not change any of these without a study that approves the change. Berryman said she would like to see the City do a resolution to TXDOT requesting that the City has school zones in these two areas at 30 miles per hour. Berryman said she would like to request that Council take action out of this item for staff to prepare this resolution. Berryman said she does not want to approve this item because she thinks the speed limit should be 30 miles per hour. Ross said and Berryman agreed Council could address that issue on second reading. Brainard asked and Miller said, just outside of the area in question, the speed limit is 60 miles per hour. Brainard asked and Miller confirmed the City does not control any of this roadway. Motion by Ross, second by Berryman to approve the Ordinance on first reading. Approved 6-0 Mayor said it would make sense to approve this Ordinance and then come back at another date with another Ordinance which would lower the speed limit even more if the resolution sent to TXDOT were to be approved. Ross and Berryman agreed. Y First 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 only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Berryman, second by Ross to approve the Ordinance on first reading. Approved 6-0 (Oliver absent) Motion by Ross second by Sansing to adjourn. City Council Meeting Minutes/February 10, 2009 Pages 6 of 7 Meeting adjourned at 7:42 p.m. The meeting was adjourned at 07:42 PM. City Council Meeting Minutes/February 10, 2009 Pages 7 of 7 ity Secr4& J