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City Council

Regular Meeting

Round Rock, TX · October 23, 2014

AgendaMinutes

Minutes

City of Round Rock Meeting Minutes - Final City Council Regular Meeting Thursday, October 23, 2014 CALL REGULAR SESSION TO ORDER – 7:00 P.M. Mayor McGraw called the meeting to order at 7:03 p.m. ROLL CALL Mayor Pro-Tem White and Councilmember Clifford were absent from this meeting due to illness. Present: 5 - Mayor Alan McGraw Councilmember Craig Morgan Councilmember John Moman Councilmember Will Peckham Councilmember Kris Whitfield Absent: 2 - Mayor Pro-Tem George White Councilmember Joe Clifford PLEDGES OF ALLEGIANCE Mayor McGraw led the following Pledges of Allegiance: United States and Texas CITIZEN COMMUNICATION There were no citizens wishing to speak at this meeting. PROCLAMATIONS, STAFF RECOGNITION AND SPECIAL PRESENTATIONS: E.1 2014-1934 Consider proclaiming October 25, 2014 as "Love the Rock" day in the City of Round Rock. Pastor Keith Ferguson and other local pastors accepted the proclamation. E.2 2014-1855 Consider a presentation recognizing the 2014 Local Legend Award recipients. Jerry Hodges, Historic Preservation Commission Chairman, made the presentation and named this year's recipients. They are Lambert Peterson, Sharon Prete, Sheriff James Milton Tucker, and the Texas Baptist Children's Home. Page 1 City Council Meeting Minutes - Final October 23, 2014 CONSENT AGENDA: All items listed on the Consent Agenda were enacted upon by one motion. There was no discussion of these items and no items were removed from the Consent Agenda. A motion was made by Councilmember Kris Whitfield, seconded by Councilmember Will Peckham to approve the consent agenda. The motion carried by the following vote: Aye: 5- Mayor McGraw Councilmember Morgan Councilmember Moman Councilmember Peckham Councilmember Whitfield Nay: 0 Absent: 2- Mayor Pro-Tem White Councilmember Clifford F.1 2014-1918 Consider approval of the minutes for the October 9, 2014 City Council meeting. The minutes were approved under the Consent Agenda. F.2 2014-1873 Consider an ordinance amending Chapter 42, Section 42-127, Code of Ordinances (2010 Edition), by changing the speed zone on a portion of Bowman Road from North Mays Street to Sunrise Road. (Second Reading) This item was approved under the Consent Agenda. F.3 2014-1876 Consider an ordinance adopting Amendment No. 2 to the FY 2013-2014 Operating Budget. (Second Reading) This item was approved under the Consent Agenda. F.4 2014-1894 Consider an ordinance amending Chapter 1, Section 1-2, Code of Ordinances (2010 Edition), by adding the definition of "References to Code." (First Reading)* The first reading of this item was approved under the Consent Agenda. A motion was made by Councilmember Morgan, seconded by Councilmember Moman,to dispense with the second reading and adopt the Ordinance. The motion carried by the following vote: Aye: 5- Mayor McGraw Councilmember Morgan Councilmember Moman Councilmember Peckham Councilmember Whitfield Nay: 0 Page 2 City Council Meeting Minutes - Final October 23, 2014 Absent: 2- Mayor Pro-Tem White Councilmember Clifford F.5 2014-1917 Consider a resolution authorizing the Mayor to execute acceptance of the fiscal year 2014 Homeland Security Grant Program (HSPG) award from the Texas Department of Public Safety. This item was approved under the Consent Agenda. RESOLUTIONS: G.1 2014-1928 Consider a resolution adopting the City of Round Rock's Legislative Program for the 84th Legislative Session. Randy Cain, Attorney at Law, made the presentation to the City Council. A motion was made by Councilmember Morgan, seconded by Councilmember Whitfield, that this Resolution be approved. The motion carried by the following vote: Aye: 5- Mayor McGraw Councilmember Morgan Councilmember Moman Councilmember Peckham Councilmember Whitfield Nay: 0 Absent: 2- Mayor Pro-Tem White Councilmember Clifford G.2 2014-1948 Consider a resolution authorizing the Mayor to execute an Agreement for Legislative Support Services with Randy C. Cain, Attorney at Law, and Julianne Acevedo, Consultant for professional lobbying services. Randy Cain, Attorney at Law, made the presentation to the City Council. A motion was made by Councilmember Whitfield, seconded by Councilmember Peckham, that this Resolution be approved. The motion carried by the following vote: Aye: 5- Mayor McGraw Councilmember Morgan Councilmember Moman Councilmember Peckham Councilmember Whitfield Nay: 0 Absent: 2- Mayor Pro-Tem White Councilmember Clifford Page 3 City Council Meeting Minutes - Final October 23, 2014 G.3 2014-1914 Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Freese and Nichols for the Reuse Water Transmission Main - Phase VI Project. Michael Thane, Utilities Director, made the staff presentation. A motion was made by Councilmember Peckham, seconded by Councilmember Morgan, that this Resolution be approved. The motion carried by the following vote: Aye: 5- Mayor McGraw Councilmember Morgan Councilmember Moman Councilmember Peckham Councilmember Whitfield Nay: 0 Absent: 2- Mayor Pro-Tem White Councilmember Clifford G.4 2014-1871 Consider a resolution adopting the FY 2014-2015 Law Enforcement Fund Budget. Lorie Lankford, Assistant Finance Director, made the staff presentation. A motion was made by Councilmember Peckham, seconded by Councilmember Moman, that this Resolution be approved. The motion carried by the following vote: Aye: 5- Mayor McGraw Councilmember Morgan Councilmember Moman Councilmember Peckham Councilmember Whitfield Nay: 0 Absent: 2- Mayor Pro-Tem White Councilmember Clifford G.5 2014-1910 Consider a resolution expressing official intent to reimburse cost of acquiring certain vehicles and equipment. Lorie Lankford, Assistant Finance Director, made the staff presentation. A motion was made by Councilmember Whitfield, seconded by Councilmember Morgan, that this Resolution be approved. The motion carried by the following vote: Aye: 5- Mayor McGraw Councilmember Morgan Councilmember Moman Councilmember Peckham Councilmember Whitfield Nay: 0 Page 4 City Council Meeting Minutes - Final October 23, 2014 Absent: 2- Mayor Pro-Tem White Councilmember Clifford G.6 2014-1879 Consider a resolution authorizing the Mayor to execute a Reimbursement Agreement with Atmos Energy Corportation for the relocation of gas facilities required by the Southwest Downtown Infrastructure Improvements Phase 5A Project. Gary Hudder, Transportation Director, made the staff presentation. A motion was made by Councilmember Whitfield, seconded by Councilmember Moman, that this Resolution be approved. The motion carried by the following vote: Aye: 5- Mayor McGraw Councilmember Morgan Councilmember Moman Councilmember Peckham Councilmember Whitfield Nay: 0 Absent: 2- Mayor Pro-Tem White Councilmember Clifford G.7 2014-1916 Consider a resolution authorizing the Mayor to execute Quantity Adjustment/Change Order No. 2 with Patin Construction LLC for the Red Bud Lane at Forest Creek Drive Southbound Right Turn Lane Project. Gary Hudder, Transportation Director, made the staff presentation. A motion was made by Councilmember Moman, seconded by Councilmember Peckham, that this Resolution be approved. The motion carried by the following vote: Aye: 5- Mayor McGraw Councilmember Morgan Councilmember Moman Councilmember Peckham Councilmember Whitfield Nay: 0 Absent: 2- Mayor Pro-Tem White Councilmember Clifford ORDINANCES: H.1 2014-1859 Consider an ordinance vacating, abandoning, and closing a portion of a 20 foot alley in the Washington Anderson Addition. (First Reading)* This item was pulled by staff. Page 5 City Council Meeting Minutes - Final October 23, 2014 H.2 2014-1908 Consider an ordinance amending Chapter 44, Section 44-6, Code of Ordinances (2010 Edition), prohibiting water waste. (Second Reading) Michael Thane, Utilities Director, made the staff presentation. A motion was made by Councilmember Morgan, seconded by Councilmember Whitfield, that this Ordinance be approved. The motion carried by the following vote: Aye: 5- Mayor McGraw Councilmember Morgan Councilmember Moman Councilmember Peckham Councilmember Whitfield Nay: 0 Absent: 2- Mayor Pro-Tem White Councilmember Clifford COUNCIL COMMENTS REGARDING ITEMS OF COMMUNITY INTEREST EXECUTIVE SESSION The City Council recessed into Executive Session. Mayor McGraw called the session to order at 7:52 p.m. and adjourned it at 8:55 p.m. J.1 2014-1929 Consider Executive Session as authorized by §551.071, Government Code, regarding a request by Atmos Energy for reimbursement of relocation cost related to the reconstruction of Cypress Boulevard, regarding which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct clearly conflicts with Chapter 551 of the Government Code. J.2 2014-1935 Consider Executive session as authorized by §551.087, Government Code, to deliberate the offer of a financial or other incentive to an entertainment venue seeking to possibly locate a facility in the City. J.3 2014-1944 Consider Executive Session as authorized by §551.072, Government Code, related to the purchase of a 5.331 acre tract of land for the Creek Bend Boulevard Project. ACTION RELATIVE TO EXECUTIVE SESSION: K.1 2014-1933 Consider a resolution authorizing the reimbursement of relocation costs to Atmos Energy related to the reconstruction of Cypress Boulevard. A motion was made by Councilmember Morgan, seconded by Councilmember Peckham, that this resolution be tabled. The motion carried by the following vote: Page 6 City Council Meeting Minutes - Final October 23, 2014 Aye: 5- Mayor McGraw Councilmember Morgan Councilmember Moman Councilmember Peckham Councilmember Whitfield Nay: 0 Absent: 0 K.2 2014-1945 Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Clarence Lorenza Sauls and Mildred Sauls for the purchase of a 5.331 acre tract of land for the Creek Bend Boulevard Project. A motion was made by Councilmember Whitfield, seconded by Councilmember Moman, that this resolution be approved. The motion carried by the following vote: Aye: 5- Mayor McGraw Councilmember Morgan Councilmember Moman Councilmember Peckham Councilmember Whitfield Nay: 0 Absent: 2- Mayor Pro-Tem White Councilmember Clifford ADJOURNMENT There being no further business, Mayor McGraw adjourned the meeting at 9:19 pm. Respectfully Submitted, Meagan Spinks, Deputy City Clerk Page 7

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, October 23, 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. PROCLAMATIONS, STAFF RECOGNITION AND SPECIAL PRESENTATIONS: E.1 2014-1934 Consider proclaiming October 25, 2014 as "Love the Rock" day in the City of Round Rock. E.2 2014-1855 Consider a presentation recognizing the 2014 Local Legend Award recipients. F. 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. F.1 2014-1918 Consider approval of the minutes for the October 9, 2014 City Council meeting. City of Round Rock Page 1 Printed on 10/17/2014 City Council Meeting Agenda October 23, 2014 F.2 2014-1873 Consider an ordinance amending Chapter 42, Section 42-127, Code of Ordinances (2010 Edition), by changing the speed zone on a portion of Bowman Road from North Mays Street to Sunrise Road. (Second Reading) F.3 2014-1876 Consider an ordinance adopting Amendment No. 2 to the FY 2013-2014 Operating Budget. (Second Reading) F.4 2014-1894 Consider an ordinance amending Chapter 1, Section 1-2, Code of Ordinances (2010 Edition), by adding the definition of "References to Code." (First Reading)* F.5 2014-1917 Consider a resolution authorizing the Mayor to execute acceptance of the fiscal year 2014 Homeland Security Grant Program (HSPG) award from the Texas Department of Public Safety. G. RESOLUTIONS: G.1 2014-1928 Consider a resolution adopting the City of Round Rock's Legislative Program for the 84th Legislative Session. G.2 2014-1948 Consider a resolution authorizing the Mayor to execute an Agreement for Legislative Support Services with Randy C. Cain, Attorney at Law, and Julianne Acevedo, Consultant for professional lobbying services. G.3 2014-1914 Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Freese and Nichols for the Reuse Water Transmission Main - Phase VI Project. G.4 2014-1871 Consider a resolution adopting the FY 2014-2015 Law Enforcement Fund Budget. G.5 2014-1910 Consider a resolution expressing official intent to reimburse cost of acquiring certain vehicles and equipment. G.6 2014-1879 Consider a resolution authorizing the Mayor to execute a Reimbursement Agreement with Atmos Energy Corportation for the relocation of gas facilities required by the Southwest Downtown Infrastructure Improvements Phase 5A Project. G.7 2014-1916 Consider a resolution authorizing the Mayor to execute Quantity Adjustment/Change Order No. 2 with Patin Construction LLC for the Red Bud Lane at Forest Creek Drive Southbound Right Turn Lane Project. H. ORDINANCES: H.1 2014-1859 Consider an ordinance vacating, abandoning, and closing a portion of a 20 foot alley in the Washington Anderson Addition. (First Reading)* City of Round Rock Page 2 Printed on 10/17/2014 City Council Meeting Agenda October 23, 2014 H.2 2014-1908 Consider an ordinance amending Chapter 44, Section 44-6, Code of Ordinances (2010 Edition), prohibiting water waste. (First Reading) (Requires Two Readings) I. COUNCIL COMMENTS REGARDING ITEMS OF COMMUNITY INTEREST J. EXECUTIVE SESSION J.1 2014-1929 Consider Executive Session as authorized by §551.071, Government Code, regarding a request by Atmos Energy for reimbursement of relocation cost related to the reconstruction of Cypress Boulevard, regarding which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct clearly conflicts with Chapter 551 of the Government Code. J.2 2014-1935 Consider Executive session as authorized by §551.087, Government Code, to deliberate the offer of a financial or other incentive to an entertainment venue seeking to possibly locate a facility in the City. J.3 2014-1944 Consider Executive Session as authorized by §551.072, Government Code, related to the purchase of a 5.331 acre tract of land for the Creek Bend Boulevard Project. K. ACTION RELATIVE TO EXECUTIVE SESSION: K.1 2014-1933 Consider a resolution authorizing the reimbursement of relocation costs to Atmos Energy related to the reconstruction of Cypress Boulevard. K.2 2014-1945 Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Clarence Lorenza Sauls and Mildred Sauls for the purchase of a 5.331 acre tract of land for the Creek Bend Boulevard Project. L. 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 City of Round Rock Page 3 Printed on 10/17/2014 City Council Meeting Agenda October 23, 2014 POSTING CERTIFICATION I certify that this notice of the Round Rock City Council Meeting was posted on this 17th day of October 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 4 Printed on 10/17/2014

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