City of Round Rock, Texas Regular City Council Meeting August 28, 2008

Transcription

1 , Texas The Round Rock City Council met in Regular Session on Thursday,, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER 7:00 P.M. called the session to order at 7:00 p.m. ROLL CALL: Those members present were Mayor Pro Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant Manager David Kautz and City Attorney Steve Sheets. Mayor McGraw was absent from this meeting. PLEDGE OF ALLEGIANCE: led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZEN COMMUNICATION: Grant Hayzlett, National Sign Plazas, spoke to the Council regarding RFP # and asked that it be re issued so that National Sign Plazas proposal could be considered. Yolanda and Selicia Sanchez of the Round Rock Ballet spoke of the 1 st Annual Round Rock Ballet Folklorico Summer Cultural Fest at the Amphitheater located at the Baca Center and is looking for support from the Council to continue this event. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. Item 9A1 was removed from the consent agenda and considered in the regular order of the agenda. *6A. Consider approval of the City Council minutes for the August 14, *9D1. Consider a resolution authorizing the City Manager to issue a purchase order to Intertech Flooring for carpet, tile, and vinyl baseboard for the Robert & Helen Griffith Public Library.

2 Page 2 of 12 *9D2. Consider a resolution authorizing the City Manager to issue a purchase order to Greenway Enterprises, Inc. for remodeling and painting of the Robert & Helen Griffith Public Library. *9E2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County regarding the Pictometry Aerial Photo Project. *9E3. Consider a resolution authorizing the Mayor to execute a Small Municipal and County Enterprise License Agreement with Environmental Systems Research Institute, Inc. (ESRI). MOTION: Councilmember Honeycutt moved to approve the consent agenda. seconded the motion. APPROVAL OF MINUTES: *6A. Consider approval of the City Council minutes for August 14, This item was approved under the consent agenda. PUBLIC HEARINGS: 7A1. Consider public testimony regarding an application filed by the Kurtz Family Trust to rezone 11.0 acres of land located on the southwest side of Sam Bass Road between Somerset Drive and Meadows Drive from the SF 1 (Single Family Large Lot) zoning district and SF 2 (Single Family Standard Lot) zoning districts to the OF (Office) zoning district. (Kurtz Tract) Jim Stendebach, Planning and Community Development Director made the staff presentation. This property is located on Sam Bass Road and Mr. Stendebach described the surrounding property zonings and then described the permitted uses for the Office (OF) opened the public hearing. There being no testimony, the public hearing was closed.

3 Page 3 of 12 ORDINANCES: 8A1. Consider an ordinance rezoning 11.0 acres of land located on the southwest side of Sam Bass Road between Somerset Drive and Meadows Drive locate from the SF 1 (Single Family Large Lot) zoning district and SF 2 (Single Family Standard Lot) zoning districts to the OF (Office) zoning district. (Kurtz Tract) (First Reading) Jim Stendebach made the presentation previously in the meeting during the public hearing. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION (2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 11.0 ACRES OF LAND, OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130 AND THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF 1 (SINGLE FAMILY LARGE LOT) AND DISTRICT SF 2 (SINGLE FAMILY STANDARD LOT) TO DISTRICT OF (OFFICE). MOTION: moved to adopt the ordinance. Councilmember Rhode seconded the motion. MOTION: moved to dispense with the second reading of item 9B1 with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Honeycutt seconded the motion. 8B1. Consider an ordinance amending Chapter 9, Section 9.502, Round Rock Code of Ordinances, establishing a 45 mph speed zone on A.W. Grimes from US 79 to Old Settlers Blvd.

4 Page 4 of 12 (First Reading)(Requires Two Readings) Tom Martin, Transportation Services Director made the staff presentation. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF A. W. GRIMES BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: moved to adopt the ordinance. Councilmember Whitfield seconded the motion. 8C1. Consider an ordinance amending Chapter 3, Section , Round Rock Code of Ordinances, regarding Flood Damage Prevention Regulations. (First Reading)(Requires Two Readings) Danny Halden, City Engineer, made the staff presentation. AN ORDINANCE AMENDING CHAPTER 3, SECTION , CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING FLOOD DAMAGE PREVENTION REGULATIONS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Salinas seconded the motion. RESOLUTIONS: 9A1. Consider a resolution authorizing the Mayor to execute a license agreement for directional signs in the City rights of way with Motivational Systems, Inc. (MSI) This item was removed from the consent agenda and considered in its normal place on the agenda. Jim Nuse,

5 Page 5 of 12 City Manager, Jim Stendebach, Planning and Community Development Director, and Randy Barker, Purchasing Manager made the staff presentation. Randy Barker went through the process in selecting the vendor. WHEREAS, the ( City ) prohibits the placement of signs in the public rights of way, and WHEREAS, on June 26, 2003 by Resolution No. R E, the City established a Kiosk Sign Program to direct prospective home buyers to new homes and subdivisions within the City and to provide directional information to municipal buildings, and WHEREAS, Motivational Systems, Inc. ( MSI ) is in the business of erecting and maintaining such signs and administering such a directional sign program, and WHEREAS, MSI and City staff have negotiated a License Agreement for Signs in City Rights of Way, which the Council wishes to approve, Now Therefore That the Mayor is hereby authorized and directed to execute on behalf of the City a License Agreement for Directional Signs in City Rights of Way with Motivational Systems, Inc., a copy of same being attached hereto as Exhibit A, and incorporated herein for all purposes. MOTION: moved to approve the resolution. Councilmember Salinas seconded the motion. 9B1. Consider a resolution approving the Bylaws of the Brushy Creek Regional Utility Authority, Inc.; authorizing the Mayor to execute the Master Contract for the Financing, Construction, and Operation of the Brushy Creek Regional Utility Authority, Inc. Regional Water Treatment and Distribution Project; and approving the Financing Agreement with the Texas Water Development Board. Michael Thane, Utilities Director and Steve Sheets, City Attorney made the staff presentation. Gary Kimball, of First Southwest, is the City and BCRUA s financial advisor and he presented specifics on the finance agreement.

6 Page 6 of 12 WHEREAS, the, Texas (the "City") is a participating and founding member of the Brushy Creek Regional Utility Authority, Inc., (the "BCRUA"); and WHEREAS, the City, along with the other participating and founding member cities, namely the City of Leander, Texas and the City of Cedar Park, Texas (collectively with the City, the "Member Cities") have previously authorized the creation of the BCRUA and approved the BCRUA's Articles of Incorporation; and WHEREAS, there has been presented to the City Council of the City a copy of the proposed Bylaws of the BCRUA (the "Bylaws"), by which the BCRUA will operate; and WHEREAS, there has been presented to the City Council of the City a draft of the Master Contract for the financing, construction and operation of the BCRUA Regional Water Treatment and Distribution Project (the "Master Contract") between the Member Cities and the BCRUA, pursuant to which the BCRUA will construct, operate and maintain water treatment and distribution facilities for the benefit of the Member Cities; and WHEREAS, the City Council of the City has determined that the services to be provided by the BCRUA Project as defined in the Master Contract are absolutely necessary and essential to provide treated water to the City; and WHEREAS, the City wishes to request the BCRUA to issue a separate series of contract revenue bonds for the City in an amount not to exceed $65,870,000 to finance the City s contribution to the construction and equipment of the BCRUA Project pursuant to the Master Contract; and WHEREAS, concurrently with the actions taken herein by the City, the other Member Cities will be taking similar action regarding approval of the Bylaws and Master Contract, as well as preparations for the financing of their respective contribution to the construction of the BCRUA Project pursuant to the Master Contract; and WHEREAS, it is hereby found and determined that it is necessary and in the best interests of the City and its citizens to approve the Bylaws, enter into the Master Contract and approve the BCRUA's entering into a financing agreement with the Texas Water Development Board pursuant to the Master Contract; and WHEREAS, it is hereby further officially found and determined that public notice of the time, place, and purpose of this meeting was given, all as required by Texas Government Code, Chapter 551; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, SECTION 1. RECITALS. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. Capitalized terms used herein shall have the meaning assigned in the preamble hereof or the Master Contract, unless otherwise defined. SECTION 2. BYLAWS. The Bylaws, as attached hereto as Exhibit "A", are hereby approved and the Mayor and City Secretary are hereby authorized and directed to execute the Bylaws, as appropriate. SECTION 3. MASTER CONTRACT. The Master Contract is hereby approved and the Mayor and City Secretary are hereby authorized and directed to execute the Master Contract in substantially the form and substance attached hereto as Exhibit "B", with such changes as may be approved by the City Attorney and bond counsel to the BCRUA. SECTION 4. FINANCING AGREEMENT. The City approves the BCRUA executing a financing agreement with the Texas Water Development Board in substantially the form and substance attached hereto as Exhibit "C" with such changes as may be approved by the City Attorney and bond counsel to the BCRUA in connection with the BCRUA issuing one or more series of bonds to finance the BCRUA Project as described in the Master Contract. The City Manager is hereby delegated the authority to confer with the BCRUA General Manager regarding approval of Texas Water Development Board financing rates in accordance with the financing agreement. SECTION 5. PAYMENT OF ATTORNEY GENERAL FEE. The City hereby authorizes the disbursement of a fee equal to the lesser of (i) one tenth of one percent of the principal

7 Page 7 of 12 amount of the series of bonds issued by the BCRUA for the City or (ii) $9,500, provided that such fee shall not be less than $750, to the Attorney General of Texas Public Finance Division for payment of the examination fee charged by the State of Texas for the Attorney General's review and approval of public securities and credit agreements, as required by Section of the Texas Government Code. The appropriate member of the City's staff is hereby instructed to take the necessary measures to make this payment. The City is also authorized to reimburse the appropriate City funds for such payment from proceeds of the bonds issued by the BCRUA. SECTION 6. IMMEDIATE EFFECT. This Resolution shall take effect immediately from and after its adoption in accordance with the law. MOTION: moved to approve the resolution. Councilmember Whitfield seconded the motion. 9C1. Consider a resolution authorizing the Mayor to execute an agreement with the Union Pacific Railroad regarding improvements to the railroad crossing at Sam Bass Road. Tom Martin, Transportation Services Director made the staff presentation. WHEREAS, in order to facilitate the construction of the proposed roadway improvements on Sam Bass Road, it is necessary to improve the existing surface crossing at DOT No f, Railroad Milepost 1.62, on its Georgetown Industrial Lead, and WHEREAS, the Council wishes to enter into a Public Road Crossing Improvement Agreement with Union Pacific Railroad Company, Now Therefore That the Mayor is hereby authorized and directed to execute on behalf of the City a Public Road Crossing Improvement Agreement with Union Pacific Railroad Company, a copy of same being attached hereto as Exhibit A and incorporated herein for all purposes.

8 Page 8 of 12 MOTION: moved to approve the resolution. Councilmember Whitfield seconded the motion. *9D1. Consider a resolution authorizing the City Manager to issue a purchase order to Intertech Flooring for carpet, tile, and vinyl baseboard for the Robert & Helen Griffith Public Library. This item was approved under the consent agenda. WHEREAS, the ( City ) desires to purchase carpet, ceramic tile, and vinyl baseboard for the Library, and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ( Buy Board ), and WHEREAS, Intertech Flooring is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to Intertech Flooring, Now Therefore That the City Manager is hereby authorized and directed to issue a purchase order to Intertech Flooring for the purchase of carpet, ceramic tile, and vinyl baseboard for the Library. *9D2. Consider a resolution authorizing the City Manager to issue a purchase order to Greenway Enterprises, Inc. for remodeling and painting of the Robert & Helen Griffith Public Library. This item was approved under the consent agenda. WHEREAS, the ( City ) desires to remodel and paint the interior of the Robert G. and Helen Griffith Public Library, and WHEREAS, the City is a member of The Cooperative Purchasing Network ( TCPN ), and WHEREAS, Greenway Enterprises is an approved vendor of the TCPN, and WHEREAS, the City wishes to issue a purchase order to Greenway Enterprises, Now Therefore That the City Manager is hereby authorized and directed to issue a purchase order to

9 Page 9 of 12 Greenway Enterprises for remodeling and painting of the Robert G. and Helen Griffith Public Library. 9E1. Consider a resolution authorizing the Mayor to execute an agreement for professional consulting services with Torti Gallas and Partners, Inc. for the Downtown Redevelopment and Expansion Plan. Will Hampton, Communications Director made the staff presentation. WHEREAS, the desires to retain professional consulting services for a downtown redevelopment and expansion plan, and WHEREAS, Torti Gallas and Partners, Inc. has submitted an Agreement for Professional Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Torti Gallas and Partners, Inc., Now Therefore That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Professional Consulting Services for Downtown Redevelopment and Expansion Plan with Torti Gallas and Partners, Inc., a copy of same being attached hereto as Exhibit A and incorporated herein for all purposes. by the Open Meetings Act, Chapter 551, Texas Government Code, as amended MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion.

10 Page 10 of 12 *9E2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County regarding the Pictometry Aerial Photo Project. This item was approved under the consent agenda. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the wishes to enter into an Interlocal Agreement with Williamson County regarding the Pictometry Aerial Photo Project, Now Therefore That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with Williamson County, a copy of same being attached hereto as Exhibit A and incorporated herein for all purposes. *9E3. Consider a resolution authorizing the Mayor to execute a Small Municipal and County Enterprise License Agreement with Environmental Systems Research Institute, Inc. (ESRI). This item was approved under the consent agenda. WHEREAS, the has a need for technical services for the purchase, maintenance, upgrade, and support of geographic information system (GIS) software, and WHEREAS, Environmental Systems Research Institute, Inc. (ESRI) has submitted a Small Municipal and County Enterprise License Agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with ESRI, Now Therefore That the Mayor is hereby authorized and directed to execute the license agreement proposed by ESRI for the purchase, maintenance, upgrade, and support of geographic information system (GIS) software, a copy of said agreement being attached hereto as Exhibit A and incorporated herein for all purposes. 9E4. Consider a resolution waiving certain fees related to the Williamson County Annex construction project. Jim Nuse, City Manager made the staff presentation.

11 Page 11 of 12 WHEREAS, Williamson County is in the process of designing a Williamson County Annex to be located within the city limits, south of Old Settlers Boulevard, and east of Sunrise Boulevard, and WHEREAS, the City Council hereby determines that it is in the best interest of the City to waive certain development fees, and WHEREAS, the City Council also determines that such waiver of fees will result in economic benefit to the City, Now Therefore That the following fees for the Williamson County Annex shall be waived: a) Building permit fees; b) Fire inspection fees; c) Landscape fees; d) Water and wastewater inspection fees; and e) Platting fees. MOTION: moved to approve the resolution. Councilmember Whitfield seconded the motion. 9E5. Consider a resolution authorizing the Mayor to execute an agreement with Randy C. Cain, Attorney at Law, and Susan Rocha of Denton, Navarro, Rocha & Bernal for professional lobbying services. Jim Nuse, City Manager made the staff presentation. WHEREAS, the desires to retain professional lobbying services, and WHEREAS, Randy C. Cain, Attorney at Law, and Susan Rocha of Denton, Navarro, Rocha & Bernal have submitted a letter of agreement to provide said services, and WHEREAS, the City Council desires to enter into said letter of agreement with Randy C. Cain, Attorney at Law, and Susan Rocha of Denton, Navarro, Rocha & Bernal, Now Therefore That the Mayor is hereby authorized and directed to execute on behalf of the City a letter of agreement with Randy C. Cain, Attorney at Law, and Susan Rocha of Denton, Navarro, Rocha & Bernal for professional lobbying services, a copy of same being attached hereto as Exhibit A and incorporated herein for all purposes.

12 Page 12 of 12 MOTION: moved to approve the resolution. Councilmember Whitfield seconded the motion. ADJOURNMENT: There being no further business, the meeting adjourned at 8:32 p.m. Respectfully Submitted, Sara L. White, City Secretary