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HomeMy WebLinkAboutMinutes_GTEC_05.21.2008Minutes of the Meeting of Georgetown Transportation Enhancement Corporation and the Governing Body of the City of Georgetown, Texas Wednesday, May 21, 2008 The Georgetown Transportation Enhancement Corporation of the City of Georgetown, Texas, met on Wednesday, May 21, 2008. Board Members Present: Gabe Sansing - President, Paul Brandenburg - General Manager, Bill Sattler, Ricki Salazar, Henry Boecker, Ben Oliver - Vice President arrived at 2:03 Board Members Absent: Ray Armour, Micki Rundell - Financial Director Staff Present: Jim Briggs, Jana Kern, Tom Yantis, Tom Benz, Joel Weaver, Bill Dryden, Mark Miller, Ed Polasek, Mark Thomas, Lorie Lankford, OTHERS PRESENT: Rusty Winkstern, James Colston - 500 S. Austin, L.L.P., Kim Molnar, Dennis Busch, Joan Schroder - Citizens, Gary Gamer - HDR Minutes Regular Meeting Mr. Gabe Sansing called the regular GTEC Board Meeting to order on Wednesday, May 21, 2008 at 2:00 p.m. Board may, at any time, recess the Regular Session to convene in Executive Session at the request of the President, a Board Member, the City Manager in his capacity as General Manager of the GTEC Corporation , the Assistant City Manager, or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551, and are subject to action in the Regular Session that follows. A. Consideration and possible approval of the minutes from the regular meeting held April 16, 2008 -- Paul Brandenburg Discussion: None Action: Motion by Boecker, seconded by Salazar to approve the minutes as presented. Approved 4-0 (Ray Armour absent Ben Oliver absent for this item only) B. Discussion and possible action regarding the Project Progress Report and time lines (including but limited to items listed). -- Joel Weaver/Tom Benz Discussion: Weaver presented the monthly Project Progress Reports: Lakeway Drive Overpass: TxDOT stated that they are moving forward with ROW acquisition. Project has been cleared environmentally. Letting date has not been scheduled. SE1: Final route has been selected. ROW acquisition is on hold. This project was presented at the GTAB Board in March 2008, staff is requesting inclusion of the portion of Sout hwest Blvd to Maple Street in the upcoming bond election. KPA is working on the portion from Southwest Blvd to SH 130. Southwest Bypass: No change from last month. South Bound IH35 Frontage Road: The only remaining work is the Paige Road driveway. Action: None C. Presentation of GTEC monthly financial report for April 2008. -- Micki Rundell Discussion: Lankford presented the monthly financial report for April 2008. Action: None D. Acceptance of the Quarterly Investment Report for the GTEC for the quarter ending March 31, 2008. -- Micki Rundell Discussion: Lankford presented the quarterly investment report. Action: None E. Consideration and possible action to amend the development agreement with 500 S. Austin Ave., LP to increase the project budget. -- Tom Yantis Discussion: Yantis stated that this project was one of four projects that GTEC took up in FY 2004/05 budget. Where project eligibility was determined and development agreements were entered into for projects in the Downtown Overlay District. When this project was originally presented to this Board the estimated cost, for the improvements, related to the street reconstruction work around the site was $505,962.00. When excavation began, the contractor discovered some unmarked utilities that needed to be relocated and buried to City standards. In addition, construction costs have increased over the past two years. The original development agreement was structured, to protect the GTEC Board and the City from any risk. Section 4.2 of the agreement states: “The total amount of Cost Reimbursement available to Developer for the Developer –Constructed Public Improvements under the terms of this Agreement shall not exceed $506,000.00. Any costs in excess of that amount shall be borne solely by t he Developer.” At this time the developer is asking GTEC to consider amending the development agreement to increase the budget by $288,484.00 due in part to the conditions of the site that were unknown at the time of the original estimate including unmarked public utilities that had to be relocated and more extensive reconstruction work of the street than was originally estimated. The Board went through a line-by-line list from the original bid showing the increase or decrease of each item. Boecker stated that he felt that GTEC should pay for those costs that are related to the unknowns at the time that job were originally estimated. It was also stated that GTEC should not pay for the contractor waiting to do the job. Rusty Winkstern of 500 S. Austin, LP sta ted that when they first started they went with the architects estimate. When an engineer got on board, we found out that this particular block had huge drainage problems i.e. water going towards Austin Ave. not towards Rock Street detention pond. Once that was discovered the engineer suggested that we reconstruct the road because by just remilling we could not change the plain of the road to make the water go where it was suppose to go. When we started to reconstruct the road, to make the drainage work that was when we discovered all of the unknown utilities. Winkstern also stated that they are taking on all of the crosswalks, engineering, and traffic control on Austin Ave. and at 5th Street. Sattler asked if it could be determined, through estimating, what is new, what is unknown, and get into some of the estimations on what these numbers are. Yantis responded that we could but it would be hard to determine if the unit cost increased because of time, or did they increase because of change of the scope. Action: Motion by Sansing, seconded by Boecker, to amend the Development agreement with 500 S. Austin Ave., LP and to increase the budget amount by $257,000.00 taking the total agreement to $762,962.00. Approved 3 - 2 - 1 (Sattler & Oliver opposed, Armour absent) Ricki Salazar left the meeting at 2:55 p.m. F. Consideration and possible recommendation on the use of Federal Funds for the Interim 29 Bypass between SH29 and RM 2243 and possible design schedule. -- Tom Benz Discussion: Benz stated that in late 2004 the City submitted an application, through Congressman John Carter's office, requesting Federal Funding for the Southwest Bypass. At that time staff submitted all parts of the Bypass to Congressman Carter's office, which resulted in a $3,200,000.00 of SAFETEA-LU earmarked the federal funds to be used during the construction of Southwest Bypass from SH 29 to Leander Road (FM 2243). In order for the City to use these federal funds, the City has to work with TxDOT/FHWA and a different environmental process. HDR Engineering and City Staff held meetings with TxDOT & FHWA, to determine the differences in the processes and time frames associated with using federal funds vs. only local funds. Since the period for the federal environmental process is three to five years longer, the City could see a four to seven million dollar increase in project construction costs and TxDOT administrative costs. At this time Benz turned the meeting over to Mr. Gary Gamer, of HDR Engineering, who gave a presentation covering the history of the project and the differences between the federal and local environmental process and construction cost escalation. Action: Motion by Oliver, seconded by Sattler, to not use the Federal funds on the Southwest Bypass project, and for staff to come back with options for the use of the $3.2M that can be considered at a later date. Approved 4-0 (Salazar and Armour absent) G. Consideration and possible action to determine project eligibility for NWA and NWB. -- Ed Polasek/Bill Dryden Discussion: Polasek stated that at the April GTEC Board meeting the Board members were given project eligibility questions for two new projects. These projects are being added to the OTP but not being considered for funding in the 08/09 GTEC TIP. Action: Motion by Oliver, seconded by Sattler that the Georgetown Transportation Enhancement Board, following guidelines provided by the City Attorney, finds Transportation Projects lettered NWA and NWB eligible for 4B funding, because each of them: (1) conforms to the ballot language establishing the sales tax; (2) constitutes one or more costs authorized by statute; and (3) is one or more of the types of project authorized by statute, documented by the GTEC Board Ranking of Eligibility: Ranking Summary completed in May 2008. Approved 3-1-2 (Sansing, Oliver, Sattler fore, Boecker opposed, Salazar and Armour absent) Sansing stated that Mr. Mark Thomas was not present for the Executive Session, therefore, Sansing entertained a motion to adjourn. Motion Sattler, seconded by Oliver to adjourn Approved 4-0 Salazar and Armour absent) EXECUTIVE SESSION: Call to Order 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. Section 551.087 Economic Development Negotiations H. Discussion on up coming Economic Development projects. -- Mark Thomas RETURN TO REGULAR SESSION I. Action from Executive session if necessary Adjournment The meeting was adjourned at 03:50 PM. Approved : Attest: _______________________ ________________________ Board Member Name Secretary