MINUTES OF REGULAR MEETING OF THE GOVERNING BODY OF THE CITY OF LAMPASAS, CITY COUNCIL CHAMBERS 405 SOUTH MAIN STREET MONDAY, FEBRUARY 11, 2013 5:30 p.m. Workshop Session 7:00 p.m. Regular Session The City Council of the City of Lampasas met in regular session on the above date with Mayor Grayson presiding.

Council Members present: Bradley Neely, Mayor Pro Tem Robert McCauley Wesley Alexander T.J. Monroe Chris Harrison T.J. Roberts

Council Members absent: None

City Staff Present: Finley deGraffenried, City Manager Ursula Paddie, Assistant City Secretary Tim Angermann, Police Chief Carol Boberg, Finance Director Van Berry, Course Manager Shanda Subia, Library Director Monica Wright, Director of Information Systems Robert Gradel, Municipal Court Judge Micky Tower, Director of Parks and Recreation Chris Ford, Fire Training Officer Flint Geagley, Electric Superintendent

WORKSHOP SESSION 5:30 p.m.

1. Call to order Workshop Session

Mayor Grayson called the workshop session to order at 5:30 p.m.

2. Presentation by Lampasas Library Foundation regarding the Library Expansion

Shanda Subia, Library Director, and Jennifer Walker, JNW Architects President, presented the following information to the Council regarding the Library Expansion: • Ms. Walker reviewed the current layout of the Library • Proposed renovation plan o Enclose the Courtyard on the northwest side of the library to create a 700-square foot area for non-fiction books o Move adult-fiction to the area currently housing non-fiction o Convert the current adult-fiction section to a meeting room and add a door on the west wall of the library to provide an entrance directly into the meeting room ƒ This will allow for them to close-off the meeting room from the rest of the library for after hour meetings o Install a new circulation desk ƒ Desk will be much larger and more functional and cost $9,000 o Adding twenty (20) square feet to the Library Director’s office o Convert the genealogy area to an enclosed storage space for the meeting room o Move the fountain sculpture near the library entrance on the east side of the building o Add greenery and markings that will call attention to the library entrance o Vision Lampasas! would like to place a mural on the east wall o Place memorial paving stones near the east entrance with names of donors to the Library

Regular Council minutes 1 February 11, 2013 o Raising the height of the roof over the proposed courtyard enclosure higher than the rest of the library o Replace the current roof o Add additional parking, estimated cost per quote from Shane Brown, City of Lampasas Street Department Superintendent o The new addition will have the same outside brick as what is currently on the Library o They will be eliminating the skylights • The Library Foundation will assume the following responsibilities: o The Library’s addition and remodel o The interior and exterior fixtures and furnishings selections, including pavers o The landscaping and irrigation system around the Library, including the relocation of the memorial tree donated in honor of Mrs. L. E. (Bitty) Davis, a long-time Library Board member o The relocation of the Library’s fountain to be repurposed as a sculpture at the Library’s entrance • The Library Foundation is asking for the City to assume the following responsibilities: o The funding needed for the additional parking addition, required to support the building expansion o The cost for the repair and maintenance of the roof

Judy Lansford gave a brief history of the Library Foundation.

3. Discussion regarding the City’s position on the TCEQ Petition for a Watermaster for the Brazos River Basin

City Manager deGraffenried stated that this item is for information purposes only. TCEQ has received petitions from 37 Permit Holders to institute a Watermaster for the Brazos River Basin. Costs of a Watermaster is typically supported by fees paid by Permit Holders on a per acre foot of water formula. This item will likely come before TCEQ Commissioners in the next 30 – 60 days.

4. Discussion regarding the City’s position regarding TCEQ’s proposed rulemaking amending the definition of “Municipal Use” in Section 297-1(32)

City Manager deGraffenried stated that Staff has placed this item on the Workshop agenda to inform Council regarding TCEQ’s possible amendment regarding the definition of Municipal Use. Per Legal Counsel advice, the City may wish to monitor the progress and make comment only after a clear benefit or problem is presented.

5. Discussion regarding any item on the regular agenda

The following items from the regular agenda were discussed: • Item 7.2 – The Library Board met this morning and will give their recommendation to Council during discussion of that item • Item 7.3 – City Manager deGraffenried spoke with Police Chief Angermann regarding any issues with the Wine Tasting event and Angermann stated there were none • Item 7.5 – Council stated they did not feel it was their job to approve individual department policy • Item 7.5 – The Tasers will have audio and video recording capabilities – once the safety switch is released, it will automatically start recording • Items 7-8 – 7.10 – These items are for pump repairs and are redundant items • Item 7.11 – Staff is asking for approval to submit a Permit amendment for the City’s Surface Water Permit Number 2971 to include the use of recreational irrigation at a cost of $250 • Item 7.12 – This item is to discuss KWSC’s request for use of the Joint Use Facility System Account funds and the City’s possible contribution to the 195 Pump Station Project

6. Adjourn Workshop Session

Council member Alexander moved to adjourn Workshop Session at 6:15 p.m. The motion was seconded by Council member Roberts and with a unanimous vote, the motion carried.

Regular Council minutes 2 February 11, 2013 SPECIAL SESSION

I. Call to Order

Mayor Grayson called Special Session to order at 6:16 p.m.

II. Adjourn into Executive Session

Council member Alexander moved to adjourn into Executive Session at 6:16 p.m. The motion was seconded by Council member Roberts and with a unanimous vote, the motion carried.

EXECUTIVE SESSION

The City Council of the City of Lampasas, Texas will meet in closed Executive Session pursuant to the Texas Government Code, Chapter 551, as follows:

1. Section 551.074 (personnel matters) – City Secretary

2. Section 551.087 (economic development)

3. Adjourn executive session and reconvene Special Session

Executive session was adjourned at 6:40 p.m.

SPECIAL SESSION

III. Discussion and possible action concerning Executive Session

Council member Alexander moved to appoint Christina Marez to the position of City Secretary contingent on acceptance of the Contract. The motion was seconded by Mayor Pro-tem Neely and with a vote of six (6) for and one (1) abstention (Roberts), the motion carried.

IV. Adjourn Special Session

Council member Alexander moved to adjourn Special Session at 6:41 p.m. The motion was seconded by Council member Monroe and with a unanimous vote, the motion carried.

REGULAR SESSION 7:00 p.m.

ANNOUNCEMENTS

A. Call to Order

Mayor Grayson called the meeting to order at 7:00 p.m.

B. Invocation and Pledge of Allegiance

Police Chief Angermann gave the invocation and the Pledge of Allegiance to the U.S. and Texas flags were recited.

C. Proclamations and/or Presentations

There were no Proclamations or presentations.

1.0 PUBLIC HEARINGS/CITIZEN COMMENTS 1.1 Citizen comments – Any citizen who desires to address the City Council on a matter not included on the Agenda may do so at this time. The City Council may not deliberate on items presented under this Agenda Item

There were no citizen comments.

Regular Council minutes 3 February 11, 2013

2.0 MINUTES 2.1 Discussion and possible action concerning approval of minutes of the regular meeting on January 28, 2013

Mayor Pro-tem Neely moved to approve the minutes dated January 28, 2013 as presented. The motion was seconded by Council member McCauley and with a vote of six (6) for and one (1) abstention (Roberts), the motion carried.

3.0 CONSENT AGENDA 3.1 Discussion and possible action regarding purchases and charges in excess of $4,000 from January 1, 2013 through January 31, 2013 3.2 Discussion and possible action regarding approval of a Resolution of the City Council of the City of Lampasas acknowledging that the City of Lampasas, Lampasas County, Texas supports the proposed Pecan Creek Village Apartments, and have voted specifically to approve the rehabilitation of the development and to authorize an allocation of Housing Tax Credits For the Development 3.3 Discussion and possible action regarding approval of a request to close the 100 Block of East Avenue C for the Goodson Estate Auction on March 16th 2013 from 5:00 AM to completion of Auction 3.4 Discussion and possible action concerning the First Reading of an Ordinance calling for a General Election to elect the expired term of Mayor and the expired terms of the Council Members Places One, Two and Six, for the City Council of the City of Lampasas, Texas to be held on the 11th day of May, 2013; Providing for polling times and places; providing for early voting; and providing for bilingual election materials 3.5 Discussion and possible action concerning the approval of the Right of Access and Use Agreement between the City of Lampasas and the Lampasas Adult Association 3.6 Discussion and possible action concerning the approval of the Right of Access and Use Agreement between the City of Lampasas and the Lampasas County Youth League Association

Council member Alexander moved to approve the consent agenda as presented. The motion was seconded by Mayor Pro-tem Neely and with a unanimous vote, the motion carried.

4.0 BOARDS/DEPARTMENT REPORTS 4.1 1. Municipal Court Monthly Report 2. City Secretary Monthly Report 3. Police Department Monthly Report 4. Utility Billing and Collections Monthly Report 5. Public Works Monthly Report for Electric, Streets, Water/Wastewater 6. Library Monthly Report 7. Building Official Monthly Report 8. Parks and Recreation Monthly Report for Parks, Recreation, Airport & Cemetery 9. Fire Department Monthly Report 10. Information Systems Monthly Report 11. Golf Course Monthly Report

Robert Gradel, Municipal Court Judge, reviewed the department’s monthly report.

5.0 ROUTINE MATTERS 5.1 City Manager’s Operational Report • Hoffpauir • Prestwick Utilities • North Interceptor • Hostess House • Warrant Round Up • Planning Commission • Fire Station • Airport Zoning • Website

Finley deGraffenried, City Manager, reported on the following:

Regular Council minutes 4 February 11, 2013 • Hoffpauir - Additional engineering will need to be done and the property owners are being contacted regarding needed utility easements. • Prestwick Utilities - Plan review has been completed and City crews have pot holed the 18 inch water line. • North Interceptor - Staff met with an engineering representative from Stripes Gas and Convenience Stores this week to discuss development issues including the North interceptor and water lines. Survey work will take approximately 30 days. The location of the water line extension will create some challenging routing issues due to the relocation of the Benny Boyd utility pole, gas lines, phone lines and cable television attachments. • Hostess House - Staff has remained in contact with representatives from the Daughters of the Republic of Texas (DRT) regarding the condition and upgrades to the facility. The DRT is transitioning to a manager as opposed to a restaurateur. In this transition, the DRT would like to make upgrades to the kitchen area; primarily the floor. To date, the DRT has received grant funds to refinish the downstairs floor, and they continue to invest time and money into the facility. • Warrant Round Up - The City will participate in the Statewide effort to serve warrants for unpaid fines and other violations within the Municipal Court on March 2nd • Planning Commission - The Planning Commission met on February 7th to review the progress to date on the City’s Land Use Planning. Holtkamp Planning has completed the draft land use inventory, housing assessment and residential land use in draft form. The Commission will review the drafts and offer suggestions for updates prior to the formal documents being delivered. Additionally, the Planning Commission will be asked to identify representatives from different neighborhoods and professions to serve on an Advisory Committee. Council will likely appoint the Advisory Committee at the February 25th meeting. • Fire Station - The Architect and City have approved pay estimate number 3 in the amount of $273,398.60. Progress is going well with 78% of the rough carpentry, 83% of the pre engineered building and 66% of the flatwork being completed. Trades are roughing in electric and plumbing, and the red iron is completely hung. • Airport Zoning - The Joint Airport Zoning Board will be holding a public hearing on February 19th at 5:30 p.m. to receive testimony on the proposed Airport Hazard Zone Development Regulations. After the hearing, the Board will likely approve the Regulations. The Regulations identify the hazard zones, typically in height, and allowed development within the hazard zones. • Website - City contractors were in town this week to review website modules and gather additional information from staff. Based on a cursory review, the website will greatly increase the public’s ability to conduct city business and report concerns by internet.

5.2 Mayor’s Comments

Mayor Grayson thanked everyone for being in attendance and reminded them about the upcoming Library fund raiser, Books & Boots Gala on Thursday, February 21, 2013, 6:30 p.m. at the Grace Fellowship Church. The guest speaker will be Mike Leggett and the last day to purchase tickets will be Friday, February 15, 2013.

6.0 UNFINISHED BUSINESS 6.1 N/A

There was no unfinished business.

7.0 NEW BUSINESS 7.1 Discussion and possible action concerning approval of Library Expansion and Renovation Plans

Council member Harrison moved to approve the Library Expansion and Renovation Plans and for the City to be responsible for the additional parking and roof maintenance. The motion was seconded by Council member Alexander and with a unanimous vote, the motion carried.

7.2 Discussion and possible action regarding appointment of a member to the Lampasas Library Board to fill an unexpired term

Shanda Subia, Library Director, stated that the Library Board met that morning and recommends the appointment of Susan Browder to fill the unexpired term on the Board. Regular Council minutes 5 February 11, 2013

Council member Harrison moved to appoint Susan Browder to fill the unexpired term on the Lampasas Library Board. The motion was seconded by Mayor Pro-tem Neely and with a unanimous vote, the motion carried.

7.3 Discussion and possible action concerning approval of Hosting a Wine-Tasting Event at the Lampasas Public Library

Shanda Subia, Library Director, and Heather Bailey, Part-time Library Clerk, presented the following information to the Council: • Last year’s event was so well-received that staff would like to hold our second annual “Read and Wine” wine-tasting event at the Library on Thursday, March 28, 2013, from 6-8pm. • The four wineries would like to participate in the event again. However, this year, we are asking for permission for the wineries to sell wine by the glass, as well as sell bottles at the event. This would require each of the wineries to obtain a special permit specifically for this event. According to TABC, the Library would not need to obtain a permit, which will save the Library money. • Each winery will again have their tents set up in the grassy area. • The Lampasas High School Key Club has agreed to provide the hors d’oeuvres this year o All funds raised from the hors d’oeuvres will go to the Key Club • Members of the Lampasas High School Speech Club will provide readings in between songs. Live music will be provided by Lampasas Music Company. • Wineries will provide their TABC license numbers, as well as copies of their insurance and special permits to the City before the event. • The Library has also secured a sponsor, The Kuker Company, to cover costs of advertising so that all ticket sales benefit the Library. • They will have a Police Officer on the premises during the event

Council member Alexander moved to give approval for the Library to hold a Wine Tasting Event on Thursday, March 28, 2013, from 6-8pm at the Lampasas Public Library. The motion was seconded by Council member Harrison and with a unanimous vote, the motion carried.

7.4 Discussion and possible action regarding approval of the purchase of Tasers and related equipment for the Police Department and approval of the Taser Use Policy and Procedures

Chief Angermann stated that the total cost for the Tasers is $17,092.05 of which $10,000 will come from Seized Funds and $7,092.05 from a local businessman that wishes to remain anonymous. The Tasers have a camera with audio and visual recordings of the incident that will show when the Taser is used on a subject. Prior to officers being allowed to use a Taser, they will be required to attend a six (6) hour training class. The department will also issue a new policy and procedure on the use of Tasers which officers will be trained to follow.

Council member Harrison moved to approve the purchase of Tasers and related equipment for the Police Department. The motion was seconded by Council member Alexander and with a unanimous vote, the motion carried.

7.5 Discussion and possible action regarding approval of a Letter of Agreement between Rollins Brook Community Hospital and the Lampasas Municipal Airport to allow for Rollins Brook Community Hospital Heliport Operations within existing Lampasas Municipal Airport Airspace

Micky Tower, Parks and Recreation Director, stated that Heidi Lavka, Trauma Program Director/Helipad Manager of Rollins Brook Community Hospital, had contacted him concerning a Letter of Agreement between the Municipal Airport and Rollins Brook Community Hospital. The Agreement will state the operational procedures which preclude helicopter operations from interfering with aircraft traffic pattern operations at the airport. The Letter of Agreement will consider, but is not limited to, ingress/egress routes for the heliport, common frequency monitoring, traffic pattern altitude, and published and distributed helicopter operational procedures to airport users. This information is required by the FAA to obtain an Airport Master record. FAA will make a determination for approval or disapproval with respect to the safe and efficient use of navigable airspace by aircraft with respect to the safety of persons and property

Regular Council minutes 6 February 11, 2013 on the ground. Tower stated that the Lampasas Municipal Airport Operations will always trump the Rollins Brook Community Hospital Helipad operations.

Council member Roberts moved to approve the Letter of Agreement between Rollins Brook Community Hospital and the Lampasas Municipal Airport to allow for Rollins Brook Community Hospital Heliport Operations within existing Lampasas Municipal Airport Airspace. The motion was seconded by Council member Harrison and with a unanimous vote, the motion carried.

7.6 Discussion and possible action to accept the Unaudited Financial Report as of December 31, 2012

Carol Boberg, Finance Director, updated the Council on the following: • The City of Lampasas General Fund has -$60,485 Net Profit as of December 31 • The Electric Fund net profit is at $75,333. • Water/Wastewater Fund net profit is at $211,963. • The City’s General Fund Sales Tax as of December 31 was up $9,103 from December last year. • Since Lampasas Central Appraisal District deposited $134,710 for December 20 to December 28 first on January 3, 2013, current Property Taxes received as of December 31 is down by $98,128 from a year ago. • Electric sales as of December 31 are down by $50,928 • Water sales are down by $22,148 from a year ago. • Airport fuel sales are up $5,896 compared to December last year. • Golf Course Green Fees are up $5,087 from a year ago.

Council member Alexander moved to approve and accept the Unaudited Financial Report as of December 31, 2012 as presented. The motion was seconded by Council member Roberts and with a unanimous vote, the motion carried.

7.7 Discussion and possible action to select and announce a possible winner of the Website Photo Contest Entry

Monica Wright, Director of Information Systems, stated that only one (1) photo was submitted.

Council member Roberts moved to select the photo presented by Martha Dye as the winner of the photo contest. The motion was seconded by Mayor Pro-tem Neely and with a unanimous vote, the motion carried.

7.8 Discussion and possible action regarding award of bid for the purchase of a Hydromatic Pump for the lift station at the courts on Willis

City Manager deGraffenried stated that this item is for the purchase of a Hydromatic Pump for the lift station at the tennis courts on Willis Street. This pump is a direct replacement for the pump currently in the lift station.

Council member Harrison moved to award the quote for the purchase of a Hydromatic Pump for the lift station at the tennis courts on Willis Street to Odessa Pumps of Boerne, Texas in the amount of $4,506.84. The motion was seconded by Council member Alexander and with a unanimous vote, the motion carried.

7.9 Discussion and possible action regarding approval of the bid for the repair of a Flygt Pump for the wastewater plant R.A.S. and W.A.S. system

City Manager deGraffenried stated that this item is for the repair of a Flygt Pump for the wastewater plant R.A.S. and W. A. S. system and would allow for them to have a spare pump on hand. This is a Sole Source item.

Mayor Pro-tem Neely moved to award the quote for the repair of a Flygt Pump for the wastewater plant R.A.S. and W.A.S. system to Xylem Water Solutions USA, Inc. of Carrollton, Texas in the amount of $4,882. The motion was seconded by Council member McCauley and with a unanimous vote, the motion carried.

Regular Council minutes 7 February 11, 2013 7.10 Discussion and possible action regarding award of bid for the purchase of a Flygt Pump for the wastewater plant R.A.S. and W.A.S. system

City Manager deGraffenried stated that this item is for the purchase of a direct replacement Flygt Pump for the pump currently in place.

Council member Roberts moved to award the quote for the purchase of a Flygt Pump for the wastewater plant R. A. S. and W. A. S. system to Xylem Water Solutions USA, Inc. of Carrollton, Texas in the amount of $7,706.35. The motion was seconded by Council member Harrison and with a unanimous vote, the motion carried.

7.11 Discussion and possible action regarding approval for City Staff to submit a Permit Application to TCEQ to amend the City’s Surface Water Right, Permit #2971, to include irrigation as a Municipal purpose

City Manager deGraffenried stated that Staff is seeking Council approval to submit a Permit amendment for the City’s Surface Water Permit Number 2971 to include the use of recreational irrigation. The Permit amendment will not affect the 1917 Priority date.

Council member McCauley moved to authorize City Staff to submit a Permit Application to TCEQ to amend the City’s Surface Water Right, Permit #2971, to include irrigation as a Municipal purpose. The motion was seconded by Council member Harrison and with a unanimous vote, the motion carried.

7.12 Discussion and possible action regarding request by Kempner Water Supply Corporation’s (KWSC) for use of funds in the Joint Use Fund and financial contributions from the City of Lampasas for the 195 Pump Station Project

City Manager deGraffenried stated that he received the e-mail that is included in the agenda packet from KWSC after the Cover Page was written. Per the e-mail KWSC, the costs and amount budgeted for the project is as follows: • Total Estimated Project Cost, including Design, Construction and 10% Contingencies $392,375 • Amount budgeted by KWSC for the Project $155,348 • Remaining Balance not budgeted by KWSC $237,027

Council member Roberts motioned that the City approve the use of the Joint Use Facility System Account funds, up to $50,000 for KWSC’s 195 Pump Station Capital Improvement Project as specified by Steger Bizzell, Professional Engineers, Project No. 22053, conditional upon the City and KWSC executing a written agreement acknowledging the project as a Capital Improvement, and waiving evoking the dispute resolution provision in this matter only, as outlined in Kempner Water Supply Corporation and City of Lampasas Capital Policy executed August 11, 2008. The motion was seconded by Council member Alexander and with a unanimous vote, the motion carried.

Adjourn

Council member Alexander moved to adjourn the meeting at 7:57 p.m. The motion was seconded by Council member Roberts and with a unanimous vote, the meeting was adjourned.

PASSED AND APPROVED this __ 25th ___ day of February , 2013.

______Jerry Grayson, Mayor ATTEST:

______Ursula Paddie, Assistant City Secretary

Regular Council minutes 8 February 11, 2013