City Council
Regular MeetingRound Rock, TX · July 10, 2014
Minutes
City of Round Rock
Meeting Minutes - Final
City Council
Regular Meeting
Thursday, July 10, 2014
CALL REGULAR SESSION TO ORDER – 7:00 P.M.
Mayor McGraw called the meeting to order at 7:03 p.m.
ROLL CALL
Present: 7 - Mayor Alan McGraw
Councilmember Kris Whitfield
Councilmember Craig Morgan
Mayor Pro-Tem George White
Councilmember Joe Clifford
Councilmember John Moman
Councilmember Will Peckham
Absent: 0
PLEDGES OF ALLEGIANCE
Mayor McGraw led the following Pledges of Allegiance: United States and Texas
CITIZEN COMMUNICATION
CONSENT AGENDA:
A motion was made by Councilmember Will Peckham seconded by
Councilmember Kris Whitfield to approve the Consent Agenda. The motion
carried by the following vote:
Aye: 7- Mayor McGraw
Councilmember Whitfield
Councilmember Morgan
Mayor Pro-Tem White
Councilmember Clifford
Councilmember Moman
Councilmember Peckham
Nay: 0
Absent: 0
E.1 2014-1577 Consider the approval of the minutes for the June 26, 2014 City
Council Meeting.
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City Council Meeting Minutes - Final July 10, 2014
E.2 2014-1549 Consider an ordinance amending Chapter 44, Section 44-32, Code of
Ordinances (2010 Edition), regarding water and wastewater impact
fees for multi-family. (Second Reading)
E.3 2014-1551 Consider an ordinance amending Chapter 42, Section 42-127, Code
of Ordinance (2010 Edition), by changing the speed zone on a portion
of Red Bud from U.S. 79 to Gattis School Road. (Second Reading).
E.4 2014-1552 Consider an ordinance amending Chapter 42, Section 42-127, Code
of Ordinances (2010 Edition), establishing a 40-mph speed zone on a
portion of Smyers Lane. (Second Reading)
E.5 2014-1545 Consider a resolution authorizing the Mayor to execute Term Renewal
Agreement No. 1 with Allegiance Power Systems, Inc. for the
purchase of generator maintenance and service.
E.6 2014-1567 Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Consulting Services with Raba Kistner Consultants Inc.
for On-Call Geotechnical Services Work Authorization.
RESOLUTIONS:
F.1 2014-1569 Consider a resolution authorizing the Mayor to execute a contract with
D. Guerra Construction LLC for the Somerset 8-inch Water Main
Improvements Project.
Michael Thane, Utilities Director, made the staff presentation.
A motion was made by Mayor Pro-Tem White, seconded by Councilmember
Morgan, that this Resolution be approved. The motion carried by the following
vote:
Aye: 7- Mayor McGraw
Councilmember Whitfield
Councilmember Morgan
Mayor Pro-Tem White
Councilmember Clifford
Councilmember Moman
Councilmember Peckham
Nay: 0
Absent: 0
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City Council Meeting Minutes - Final July 10, 2014
F.2 2014-1571 Consider a resolution authorizing the Mayor to execute an Agreement
for Architectural Services and accompanying Supplemental
Agreement No. 1 with Brinkley Sargent Architects for the City of
Round Rock's Public Safety Training Center.
Chad McDowell, General Services Director, made the staff presentation.
A motion was made by Councilmember Whitfield, seconded by Councilmember
Peckham, that this Resolution be approved. The motion carried by the
following vote:
Aye: 7- Mayor McGraw
Councilmember Whitfield
Councilmember Morgan
Mayor Pro-Tem White
Councilmember Clifford
Councilmember Moman
Councilmember Peckham
Nay: 0
Absent: 0
F.3 2014-1583 Consider a resolution authorizing the Mayor to execute a Real Estate
Contract with Billy Arimes and Sharon Arimes for the purchase of a
2.301 acre tract of land located at 1612 Red Bud Lane for the
construction of a fire department facility.
David Coatney, Fire Chief, made the staff presentation.
A motion was made by Councilmember Morgan, seconded by Councilmember
Whitfield, that this Resolution be approved. The motion carried by the
following vote:
Aye: 7- Mayor McGraw
Councilmember Whitfield
Councilmember Morgan
Mayor Pro-Tem White
Councilmember Clifford
Councilmember Moman
Councilmember Peckham
Nay: 0
Absent: 0
F.4 2014-1568 Consider a resolution authorizing the Mayor to execute Quantity
Adjustment/Change Order No. 1 with Patin Construction LLC for the
Red Bud Lane at Forest Creek Drive Southbound Right Turn Lane
Project.
John Dean, Assistant Transportation Director, made the staff presentation.
A motion was made by Councilmember Clifford, seconded by Mayor Pro-Tem
White, that this Resolution be approved. The motion carried by the following
vote:
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City Council Meeting Minutes - Final July 10, 2014
Aye: 7- Mayor McGraw
Councilmember Whitfield
Councilmember Morgan
Mayor Pro-Tem White
Councilmember Clifford
Councilmember Moman
Councilmember Peckham
Nay: 0
Absent: 0
ORDINANCES:
G.1 2014-1555 Consider public testimony regarding, and an ordinance approving
Amendment No. 5 to the Planned Unit Development (PUD) No. 84
zoning district to amend the proposed roadway network. (First
Reading)*
Brad Wiseman, Planning and Development Services Director, made the staff
presentation.
Mayor McGraw opened the public hearing.
There being no testimony, the public hearing was closed.
A motion was made by Councilmember Peckham, seconded by
Councilmember Moman, that this Ordinance be approved. The motion carried
by the following vote:
Aye: 7- Mayor McGraw
Councilmember Whitfield
Councilmember Morgan
Mayor Pro-Tem White
Councilmember Clifford
Councilmember Moman
Councilmember Peckham
Nay: 0
Absent: 0
A motion was made by Councilmember Clifford, seconded by Councilmember
Morgan, to dispense with the second reading and adopt the Ordinance. The
motion carried by the following vote:
Aye: 7- Mayor McGraw
Councilmember Whitfield
Councilmember Morgan
Mayor Pro-Tem White
Councilmember Clifford
Councilmember Moman
Councilmember Peckham
Nay: 0
Absent: 0
Page 4
City Council Meeting Minutes - Final July 10, 2014
G.2 2014-1556 Consider public testimony regarding, and an ordinance zoning 5.22
acres out of the Robert McNutt Survey, located east of Red Bud Lane
at Old Settlers Blvd., to the LI (Light Industrial) zoning district. (First
Reading)*
Brad Wiseman, Planning and Development Services Director, made the staff
presentation.
Mayor McGraw opened the public hearing.
There being no testimony, the public hearing was closed.
A motion was made by Councilmember Whitfield, seconded by Councilmember
Peckham, that this Ordinance be approved. The motion carried by the
following vote:
Aye: 7- Mayor McGraw
Councilmember Whitfield
Councilmember Morgan
Mayor Pro-Tem White
Councilmember Clifford
Councilmember Moman
Councilmember Peckham
Nay: 0
Absent: 0
A motion was made by Councilmember Whitfield, seconded by Councilmember
Peckham, to dispense with the second reading and adopt the Ordinance. The
motion carried by the following vote:
Aye: 7- Mayor McGraw
Councilmember Whitfield
Councilmember Morgan
Mayor Pro-Tem White
Councilmember Clifford
Councilmember Moman
Councilmember Peckham
Nay: 0
Absent: 0
COUNCIL COMMENTS REGARDING ITEMS OF COMMUNITY INTEREST
EXECUTIVE SESSION:
I.1 2014-1590 Consider Executive Session as authorized by §551.071, Government
Code, regarding consultation with City Attorney related to pending
litigation, to wit: Cause No. 12-0791-C277, City of Round Rock v.
Mercury Communication Services, Inc., et al.
Page 5
City Council Meeting Minutes - Final July 10, 2014
I.2 2014-1601 Consider Executive Session as authorized by §551.071, Government
Code, regarding consultation with City Attorney related to pending
litigation, to wit: Cause No. D-1-GV-13-000755 City of Round v.
AusPro Enterprises et al. in the 201st Judicial Court of Travis County
Texas.
The Council recessed to Executive Session. The Mayor called the session to order
at 7:40 p.m. and adjourned it at 8:35 p.m.
ACTION RELATIVE TO EXECUTIVE SESSION:
J.1 2014-1591 Consider a resolution authorizing the Mayor to execute a Settlement
Agreement related to pending litigation to wit: Cause No.
12-0791-C277, City of Round Rock v. Mercury Communication
Services, Inc., et al.
A motion was made by Councilmember Clifford, seconded by Councilmember
Whitfield, that this Action Relative to Executive Session be approved. The
motion carried by the following vote:
Aye: 7- Mayor McGraw
Councilmember Whitfield
Councilmember Morgan
Mayor Pro-Tem White
Councilmember Clifford
Councilmember Moman
Councilmember Peckham
Nay: 0
Absent: 0
ADJOURNMENT
There being no further business, Mayor McGraw adjourned the meeting at 8:34 pm.
Respectfully Submitted,
Sara White
City Clerk
Page 6
Agenda
City of Round Rock
City Council
Meeting Agenda
Alan McGraw, Mayor
George White, Mayor Pro-Tem, Place 2
Craig Morgan, Place 1
Joe Clifford, Place 3
Will Peckham, Place 4
John Moman, Place 5
Kris Whitfield, Place 6
Thursday, July 10, 2014 7:00 PM City Council Chambers, 221 East Main St.
Regular Meeting
A. CALL REGULAR SESSION TO ORDER – 7:00 P.M.
B. ROLL CALL
C. PLEDGES OF ALLEGIANCE
D. CITIZEN COMMUNICATION
Any citizen wishing to speak during citizen communication regarding an item on or off the agenda may
do so after completing the required registration card. All comments must be no more than 3 minutes in
length. Any comments regarding items not on the posted agenda may not be discussed or responded to
by the City Council. The Mayor may deny any presenter the opportunity to address the City Council if
the presentation or comments offered is substantially repetitive of those previous made, per §2-26(b)(d),
of the Round Rock Code of Ordinances, 2010 Edition.
E. CONSENT AGENDA:
All items listed under the Consent Agenda are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion of these items unless requested by a
Council member in which event, the item will be removed from the consent agenda and considered
separately.
E.1 2014-1577 Consider the approval of the minutes for the June 26, 2014 City Council
Meeting.
E.2 2014-1549 Consider an ordinance amending Chapter 44, Section 44-32, Code of
Ordinances (2010 Edition), regarding water and wastewater impact fees
for multi-family. (Second Reading)
E.3 2014-1551 Consider an ordinance amending Chapter 42, Section 42-127, Code of
Ordinance (2010 Edition), by changing the speed zone on a portion of Red
Bud from U.S. 79 to Gattis School Road. (Second Reading).
City of Round Rock Page 1 Printed on 7/3/2014
City Council Meeting Agenda July 10, 2014
E.4 2014-1552 Consider an ordinance amending Chapter 42, Section 42-127, Code of
Ordinances (2010 Edition), establishing a 40-mph speed zone on a portion
of Smyers Lane. (Second Reading)
E.5 2014-1545 Consider a resolution authorizing the Mayor to execute Term Renewal
Agreement No. 1 with Allegiance Power Systems, Inc. for the purchase of
generator maintenance and service.
E.6 2014-1567 Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Consulting Services with Raba Kistner Consultants Inc. for
On-Call Geotechnical Services Work Authorization.
F. RESOLUTIONS:
F.1 2014-1569 Consider a resolution authorizing the Mayor to execute a contract with D.
Guerra Construction LLC for the Somerset 8-inch Water Main
Improvements Project.
F.2 2014-1571 Consider a resolution authorizing the Mayor to execute an Agreement for
Architectural Services and accompanying Supplemental Agreement No. 1
with Brinkley Sargent Architects for the City of Round Rock's Public Safety
Training Center.
F.3 2014-1583 Consider a resolution authorizing the Mayor to execute a Real Estate
Contract with Billy Arimes and Sharon Arimes for the purchase of a 2.301
acre tract of land located at 1612 Red Bud Lane for the construction of a
fire department facility.
F.4 2014-1568 Consider a resolution authorizing the Mayor to execute Quantity
Adjustment/Change Order No. 1 with Patin Construction LLC for the Red
Bud Lane at Forest Creek Drive Southbound Right Turn Lane Project.
G. ORDINANCES:
G.1 2014-1555 Consider public testimony regarding, and an ordinance approving
Amendment No. 5 to the Planned Unit Development (PUD) No. 84 zoning
district to amend the proposed roadway network. (First Reading)*
G.2 2014-1556 Consider public testimony regarding, and an ordinance zoning 5.22 acres
out of the Robert McNutt Survey, located east of Red Bud Lane at Old
Settlers Blvd., to the LI (Light Industrial) zoning district. (First Reading)*
H. COUNCIL COMMENTS REGARDING ITEMS OF COMMUNITY INTEREST
I. EXECUTIVE SESSION:
I.1 2014-1590 Consider Executive Session as authorized by §551.071, Government
Code, regarding consultation with City Attorney related to pending
litigation, to wit: Cause No. 12-0791-C277, City of Round Rock v. Mercury
Communication Services, Inc., et al.
City of Round Rock Page 2 Printed on 7/3/2014
City Council Meeting Agenda July 10, 2014
I.2 2014-1601 Consider Executive Session as authorized by §551.071, Government
Code, regarding consultation with City Attorney related to pending
litigation, to wit: Cause No. D-1-GV-13-000755 City of Round v. AusPro
Enterprises et al. in the 201st Judicial Court of Travis County Texas.
J. ACTION RELATIVE TO EXECUTIVE SESSION:
J.1 2014-1591 Consider a resolution authorizing the Mayor to execute a Settlement
Agreement related to pending litigation to wit: Cause No. 12-0791-C277,
City of Round Rock v. Mercury Communication Services, Inc., et al.
K. ADJOURNMENT
*Pursuant to the terms of Section 3.13 of the Round Rock Home Rule Charter, the second reading of
this ordinance may be dispensed with by an affirmative vote of all the City Council members present.
In addition to any executive session already listed above, the City Council for the City of Round Rock
reserves the right to adjourn into executive session at any time during the course of this meeting to
discuss any of the matters listed above, as authorized by Texas Government Code for the following
purposes:
§551.071Consultation with Attorney
§551.072 Deliberations regarding Real Property
§551.073 Deliberations regarding Gifts and Donations
§551.074 Personnel Matters
§551.076 Deliberations regarding Security Devices
§551.087 Deliberations regarding Economic Development Negotiations
POSTING CERTIFICATION
I certify that this notice of the Round Rock City Council Meeting was posted on this 3rd day of July 2014
at 5:00 p.m. as required by law in accordance with Section 551.043 of the Texas Government Code.
/ORIGINAL SIGNED/
Sara L. White, TRMC, City Clerk
City of Round Rock Page 3 Printed on 7/3/2014
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