March 10, 2015 City Council (Regular Meeting)
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Call to Order » - Call to order 2. Opening A. A. Pledge of Allegiance to the Flag of the United States of America: I pledge allegiance to the flag of the United States of America, and to the republic for which it stands: one nation under God, indivisible, with liberty and justice for all.
B. B. Pledge of Allegiance to the Texas State Flag: Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.
Call to Order »
Call to order2.
Opening
A.
A. Pledge of Allegiance to the Flag of the United States of America: I pledge allegiance to the flag of the United States of America, and to the republic for which it stands: one nation under God, indivisible, with liberty and justice for all.
B.
B. Pledge of Allegiance to the Texas State Flag: Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.
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Consent Agenda » - Reading of the Consent Agenda The following items may be acted upon in a single motion. No separate discussion or action on any of these items will be held unless requested by a member of the City Council. Public comment on consent agenda items may be heard without removing the item from the consent agenda. Each person providing public comment will be limited to 3 minutes. 4. Approval of Minutes 4A. Minutes Approval of the minutes of the February 17, 2015 Worksession and February 24, 2014 Worksession and Regular Meeting. 5. Ordinances First Reading 5A. Approving an ordinance on first reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, ADOPTING THE SECOND AMENDMENT TO THE FISCAL YEAR 2015 BUDGET FOR THE CITY OF PFLUGERVILLE; AND PROVIDING AN EFFECTIVE DATE. 6 Ordinances Second Reading 6A. Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS AMENDING PROVISIONS OF CHAPTER 130 OFFENSES AGAINST CITY REGULATIONS, SECTION 130.03 DISCHARGING FIREARMS, TO DEFINE BB GUNS AND ADDING TWO EXCLUSIONS FROM THE PROHIBITION OF THE DISCHARGE OF BB GUNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EFFECTIVE DATE. 7. Resolutions 7A. Approving a resolution with a caption reading: RESOLUTION DELAYING ACTION ON AN ORDINANCE AUTHORIZING CITY OF PFLUGERVILLE, TEXAS COMBINATION TAX AND LIMITED REVENUE CERTIFICATES OF OBLIGATION IN AN AMOUNT NOT TO EXCEED $26,500,000; AND OTHER MATTERS RELATED THERETO. 8. Other Actions 8A. Authorizing the City Manager to execute an agreement with Kennedy Consulting, Inc. for Design & Construction Phase Services for the Pflugerville Turn Lanes CIP project in an amount not to exceed $123,721. 8B. Awarding the construction contract for the Rowe Loop Wastewater Service Extension project to Rockin Q Construction of San Marcos, Texas, the lowest responsive bidder of 12 bids received on February 19, 2015, in the amount of $499,765.85. 8C. Approving the selection of LJA Engineering Inc. for professional engineering services associated with preliminary engineering, final design, and construction phase services for the Travis County-City of Pflugerville interlocal Weiss Lane roadway project and authorizing the City Manager to enter into negotiations regarding a scope of work and fee proposal. 8D. Approving the selection of Klotz Associates Inc. for professional engineering services associated with preliminary engineering, final design, and construction phase services for the Travis County-City of Pflugerville interlocal Rowe Lane roadway project and authorizing the City Manager to enter into negotiations regarding a scope of work and fee proposal. 8E. Board Expenditure Report Receive report on City Council, Commission, Board and Committee expenditures for February 2015. 8F. Gonzales Reimbursement Request Approving a reimbursement request in the amount of $107.19 for City Councilmember Victor Gonzales for business meeting mileage and expenses. Action on the Consent Agenda
Consent Agenda »
Reading of the Consent AgendaThe following items may be acted upon in a single motion. No separate discussion or action on any of these items will be held unless requested by a member of the City Council. Public comment on consent agenda items may be heard without removing the item from the consent agenda. Each person providing public comment will be limited to 3 minutes.
4.
Approval of Minutes
4A. Minutes
Approval of the minutes of the February 17, 2015 Worksession and February 24, 2014 Worksession and Regular Meeting.
5.
Ordinances First Reading
5A.
Approving an ordinance on first reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, ADOPTING THE SECOND AMENDMENT TO THE FISCAL YEAR 2015 BUDGET FOR THE CITY OF PFLUGERVILLE; AND PROVIDING AN EFFECTIVE DATE.
6
Ordinances Second Reading
6A.
Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS AMENDING PROVISIONS OF CHAPTER 130 OFFENSES AGAINST CITY REGULATIONS, SECTION 130.03 DISCHARGING FIREARMS, TO DEFINE BB GUNS AND ADDING TWO EXCLUSIONS FROM THE PROHIBITION OF THE DISCHARGE OF BB GUNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EFFECTIVE DATE.
7.
Resolutions
7A.
Approving a resolution with a caption reading: RESOLUTION DELAYING ACTION ON AN ORDINANCE AUTHORIZING CITY OF PFLUGERVILLE, TEXAS COMBINATION TAX AND LIMITED REVENUE CERTIFICATES OF OBLIGATION IN AN AMOUNT NOT TO EXCEED $26,500,000; AND OTHER MATTERS RELATED THERETO.
8.
Other Actions
8A.
Authorizing the City Manager to execute an agreement with Kennedy Consulting, Inc. for Design & Construction Phase Services for the Pflugerville Turn Lanes CIP project in an amount not to exceed $123,721.
8B.
Awarding the construction contract for the Rowe Loop Wastewater Service Extension project to Rockin Q Construction of San Marcos, Texas, the lowest responsive bidder of 12 bids received on February 19, 2015, in the amount of $499,765.85.
8C.
Approving the selection of LJA Engineering Inc. for professional engineering services associated with preliminary engineering, final design, and construction phase services for the Travis County-City of Pflugerville interlocal Weiss Lane roadway project and authorizing the City Manager to enter into negotiations regarding a scope of work and fee proposal.
8D.
Approving the selection of Klotz Associates Inc. for professional engineering services associated with preliminary engineering, final design, and construction phase services for the Travis County-City of Pflugerville interlocal Rowe Lane roadway project and authorizing the City Manager to enter into negotiations regarding a scope of work and fee proposal.
8E. Board Expenditure Report
Receive report on City Council, Commission, Board and Committee expenditures for February 2015.
8F. Gonzales Reimbursement Request
Approving a reimbursement request in the amount of $107.19 for City Councilmember Victor Gonzales for business meeting mileage and expenses.
Action on the Consent Agenda
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Item 9A - Discuss and consider action to appoint the Mayor or one City Councilmember to serve on the Pflugerville Economic Development Foundation (PEDF) Executive Committee for a one-year term.
Item 9A
Discuss and consider action to appoint the Mayor or one City Councilmember to serve on the Pflugerville Economic Development Foundation (PEDF) Executive Committee for a one-year term.
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Item 9B - Discuss and consider action regarding future agenda items.
Item 9B
Discuss and consider action regarding future agenda items.
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Executive Session » - 9C. 1.) Executive Session Item: Deliberation regarding real property pursuant to Chapter 551.072 of the Texas Government Code and consultation with legal counsel pursuant to Chapter 551.071 of the Texas Government Code for legal advice concerning approval of a Pflugerville Community Development Corporation (PCDC) Drainage Facility Maintenance Agreement and Commercial Contract for the sale of approximately 29.7943 acres of real property to 130 Commerce Center LLC. 2.) Open Session Item: Discuss and consider action to approve a Pflugerville Community Development Corporation Drainage Facility Maintenance Agreement and Commercial Contract for sale of approximately 29.7943 acres of real property to 130 Commerce Center LLC. 9D. 1.) Executive Session Item: Discussion of personnel matters pursuant to Chapter 551.074 of the Texas Government Code regarding performance evaluation of the City Manager. 2.) Open Session Item: Discuss and consider action regarding performance evaluation of the City Manager. 10. Discuss only 10A. 1.) Executive Session Item: Discussions regarding deliberations on economic development negotiations pursuant to Chapter 551.087 of the Texas Government Code and consultation with legal counsel pursuant to Chapter 551.071 of the Texas Government Code for legal advice concerning economic development negotiations. 10B. 1.) Executive Session Item: Consultation with legal counsel pursuant to Chapter 551.071 of the Texas Government Code for legal advice regarding the provision of public utilities within the City of Pflugerville. 10C. 1.) Executive Session Item: Consultation with legal counsel regarding provision of emergency services within the City pursuant to Chapter 551.071 of the Texas Government Code. 10D. 1.) Executive Session Item: Deliberation regarding real property pursuant to Chapter 551.072 of the Texas Government Code and consultation with legal counsel pursuant to Chapter 551.071 of the Texas Government Code for legal advice regarding purchase and sale of real property. 11. Adjourn Executive sessions held during this meeting will generally take place in Suite 300, at the discretion of the City Council.
The City Council may retire to executive session any time between the meeting’s opening and adjournment for the purpose of consultation with legal counsel pursuant to Chapter 551.071 of the Texas Government Code; discussion of personnel matters pursuant to Chapter 551.074 of the Texas Government Code; deliberation regarding real property pursuant to Chapter 551.072 of the Texas Government Code; deliberation regarding economic development negotiations pursuant to Chapter 551.087 of the Texas Government Code; and/or deliberation regarding the deployment, or specific occasions for implementation of security personnel or devices pursuant to Chapter 551.076 of the Texas Government Code. Action, if any, will be taken in open session.
This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion.
Attendance By Other Elected or Appointed Officials:
It is anticipated that members of other city board, commissions and/or committees may attend the meeting in numbers that may constitute a quorum of the other city boards, commissions and/or committees. Notice is hereby given that the meeting, to the extent required by law, is also noticed as a meeting of the other boards, commissions and/or committees of the City, whose members may be in attendance. The members of the boards, commissions and/or committees may participate in discussions on the same items listed on the agenda, which occur at the meeting, but no action will be taken by such in attendance unless such item and action is specifically provided for on an agenda for that board, commission or committee subject to the Texas Open Meetings Act.
Jeff Coleman, Mayor
This is to certify that a copy of this agenda for this meeting was posted on the bulletin board located at the City Municipal Building on March 6, 2015, at 5:00 PM pursuant to Section 551.041, Government Code.
Karen Thompson, City Secretary
The City of Pflugerville is committed to compliance with the Americans with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Please call the City Secretary's Office at 512-990-6101 for information. Hearing-impaired or speech-disabled persons equipped with telecommunications devices for the deaf may call 512-272-9116 or may utilize the statewide Relay Texas program at 1-800-735-2988.
Executive Session »
9C. 1.) Executive Session Item: Deliberation regarding real property pursuant to Chapter 551.072 of the Texas Government Code and consultation with legal counsel pursuant to Chapter 551.071 of the Texas Government Code for legal advice concerning approval of a Pflugerville Community Development Corporation (PCDC) Drainage Facility Maintenance Agreement and Commercial Contract for the sale of approximately 29.7943 acres of real property to 130 Commerce Center LLC. 2.) Open Session Item: Discuss and consider action to approve a Pflugerville Community Development Corporation Drainage Facility Maintenance Agreement and Commercial Contract for sale of approximately 29.7943 acres of real property to 130 Commerce Center LLC.
9D.
1.) Executive Session Item: Discussion of personnel matters pursuant to Chapter 551.074 of the Texas Government Code regarding performance evaluation of the City Manager. 2.) Open Session Item: Discuss and consider action regarding performance evaluation of the City Manager.
10.
Discuss only
10A.
1.) Executive Session Item: Discussions regarding deliberations on economic development negotiations pursuant to Chapter 551.087 of the Texas Government Code and consultation with legal counsel pursuant to Chapter 551.071 of the Texas Government Code for legal advice concerning economic development negotiations.
10B.
1.) Executive Session Item: Consultation with legal counsel pursuant to Chapter 551.071 of the Texas Government Code for legal advice regarding the provision of public utilities within the City of Pflugerville.
10C.
1.) Executive Session Item: Consultation with legal counsel regarding provision of emergency services within the City pursuant to Chapter 551.071 of the Texas Government Code.
10D.
1.) Executive Session Item: Deliberation regarding real property pursuant to Chapter 551.072 of the Texas Government Code and consultation with legal counsel pursuant to Chapter 551.071 of the Texas Government Code for legal advice regarding purchase and sale of real property.
11.
Adjourn
Executive sessions held during this meeting will generally take place in Suite 300, at the discretion of the City Council.
The City Council may retire to executive session any time between the meeting’s opening and adjournment for the purpose of consultation with legal counsel pursuant to Chapter 551.071 of the Texas Government Code; discussion of personnel matters pursuant to Chapter 551.074 of the Texas Government Code; deliberation regarding real property pursuant to Chapter 551.072 of the Texas Government Code; deliberation regarding economic development negotiations pursuant to Chapter 551.087 of the Texas Government Code; and/or deliberation regarding the deployment, or specific occasions for implementation of security personnel or devices pursuant to Chapter 551.076 of the Texas Government Code. Action, if any, will be taken in open session.
This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion.
Attendance By Other Elected or Appointed Officials:
It is anticipated that members of other city board, commissions and/or committees may attend the meeting in numbers that may constitute a quorum of the other city boards, commissions and/or committees. Notice is hereby given that the meeting, to the extent required by law, is also noticed as a meeting of the other boards, commissions and/or committees of the City, whose members may be in attendance. The members of the boards, commissions and/or committees may participate in discussions on the same items listed on the agenda, which occur at the meeting, but no action will be taken by such in attendance unless such item and action is specifically provided for on an agenda for that board, commission or committee subject to the Texas Open Meetings Act.
Jeff Coleman, Mayor
This is to certify that a copy of this agenda for this meeting was posted on the bulletin board located at the City Municipal Building on March 6, 2015, at 5:00 PM pursuant to Section 551.041, Government Code.
Karen Thompson, City Secretary
The City of Pflugerville is committed to compliance with the Americans with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Please call the City Secretary's Office at 512-990-6101 for information. Hearing-impaired or speech-disabled persons equipped with telecommunications devices for the deaf may call 512-272-9116 or may utilize the statewide Relay Texas program at 1-800-735-2988.