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project on time and under budget. Keystone has constructed every phase and type of work that is contained in this project numerous times. The only complaint from CH2Hil1 was the lack of documentation demonstrating the capability to build a project of this size and scope. He reportet they have four crews coming available, who are led by superintendents with an average of 20 years experience. The San Marcos project is $5.5 million with a timeline of ten months. These four crews have completed over $10 million in projects in the same 10-month period. They have recommendations from the engineers and owners of previous projects, and who else would know better than them. Keystone needs this project; they have four crews they need to keep working. If awarded this bid, he has no doubt that when this is done, San Marcos as the owner and the engineers will be giving them high recommendations to other entities. He asked Council to award this project to the lowest responsible local bidder. Jim Ewbank, 1210 Nueces, Austin, Texas, attorney for Keystone, stated that he has reviewed the proposals and recommendations of staff and engineers and is here to respond to specific issues raised. There were projects that were done while keeping the plants operational. They have done many projects for entities of all sizes and have done plants of all kinds, including over 20 projects with LCRA. He read several recommendations from owners and engineers, including from the City of Jarrell, which was a similar project that was on time and under budget. He noted that in today's economy the Council has the ability to save the taxpayers $200,000. Council can also stimulate the local economy and support local businesses. END OF CONSENT AGENDA 15. Consider adoption of Ordinance 2009-22, on emergencv, amending Division 3, Minority Tourism Development Board of Chapter 2, Administration, of the San Marcos Citv Code to chance the duties and procedures: declaring an emergencv: and providing an effective • date. MOTION: Upon a motion made by Councilmember Jones and a second by Councilmember Couch, the City 'Council voted four (4) for and two (2) opposed, with Mayor Narvaiz and Councilmember Terry voting against, to adopt Ordinance 2009-22, as previously captioned. The motion failed. This motion required a super maj07-it)l offive (5). MOTION: Upon a motion made by Councilmember Jones and a second by Councilmember Porterfield, the City Council voted four (4) for and two (2) opposed, with Mayor Narvaiz and Councilmember Terry voting against, to adopt Ordinance 2009-22.. on first reading. The motion carried. 16. Discussion on the Extended Bar Hours Task Force recommended implementation plan, and provide direction to staff. City Manager Rick Menchaca reported that the Task Force has met and is recommending they stay in place for the next several months. They have looked at restaurant CUPS that have a provision that 50% of the sales must come from food. This will remain the same and will be looked at again after the new hours have been in place six months. They looked at transportation issues such as taxis and the lack of service after hours. There is also after hours transportation RM042109 Minutes Page 4 •