City Council Meeting August 4, 2015 - Robinson, TX
Transcription
City Council Meeting August 4, 2015 - Robinson, TX
City Council Meeting August 4, 2015 City of Robinson 111 W. Lyndale, Robinson, TX 76706-5619 Phone (254) 662-1415 ❖ Fax (254) 662-1035 PUBLIC NOTICE THE ROBINSON CITY COUNCIL WILL MEET ON TUESDAY, AUGUST 4, 2015 AT 6:00 P.M. IN THE COUNCIL ROOM AT ROBINSON CITY HALL, 111 WEST LYNDALE, ROBINSON, TEXAS TO CONSIDER AND ACT ON THE ITEMS ON THE FOLLOWING AGENDA. 1. Call to order 2. Invocation 3. Roll Call. 4. Approve Minutes: July 1, 2015; July 6, 2015; July 7, 2015; and July 28, 2015 5. Citizen Comments. 6. City Manager Response to Citizen Comments regarding July 7, 2015 City Council Meeting: general repair work and maintenance (shredding in ditches, culvert, and speed limit on Grieg), Street Quality Testing, and phone system. 7. Discussion, consideration, action, if any re: Consider all matters incident and related to the issuance and sale of City of Robinson, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2015, including the adoption of an ordinance 2015-003 authorizing the issuance of such certificates of obligation. 8. Discussion, consideration, action, if any re: Renewal of a lease agreement between the City of Robinson and Behnke Farms. 9. Discussion, consideration, action, if any re: Resolution No. 2015-010; Ordering a General Election for the City of Robinson on November 3, 2015 to be held as a Joint Election with McLennan County. City Council Meeting Agenda August 4, 2015 Page 1 of 2 10. Discussion, consideration, action, if any re: Conduct a vote by the City Council to place a proposal to adopt a tax rate of $0.505321 on Tuesday, September 1, 2015, and call for two public hearings on a proposed tax rate to be held on Thursday, August 20, 2015 and Tuesday, August 25, 2015, at 6:00 p.m. at Robinson City Hall, 111 W Lyndale Ave, Robinson, Texas 76706. 11. Discussion, consideration, action, if any re: Walker Partners proposal for replacing existing membranes in the reverse osmosis (RO) trains and rehabilitation, including painting, of the City of Robinson Water Treatment Plant. 12. Councilmember requests for items to be placed on future agendas. 13. Adjourn. *The Governing Body reserves the right to go into Executive Session on any of the above items as provided by Government Code Chapter 551. *Public Hearings will be held in accordance with procedures set forth in Resolution R-95-011, adopted by the City Council on June 13, 1995. Note: Persons with disabilities who plan to attend this meeting and who need auxiliary aids or services should contact the City Secretary at 254-662-1415 at least twenty-four (24) hours before this meeting so that appropriate arrangements can be made. City Council Meeting Agenda August 4, 2015 Page 2 of 2 MEETING DATE: August 4, 2015 AGENDA ITEM: CALL TO ORDER: INVOCATION: ROLL CALL: PRESENT ABSENT MASTERGEORGE _________ ________ ECHTERLING _________ ________ BAKER _________ ________ FERGUSON _________ ________ STEED _________ ________ JOHNSON _________ ________ STIVENER _________ ________ MEETING ADJOURNED AT: MEETING DATE: August 4, 2015 AGENDA ITEM: 4. Comments: Approve Minutes: July 1, 2015; July 6, 2015; July 7, 2015; and July 28, 2015 Copies of the Minutes have been provided for your review. Motion by: _________________________________________________________________________ Seconded by: _______________________________________________________________________ Content of Motion: ___________________________________________________________________ ___________________________________________________________________________________ Vote: Mastergeorge__________; Echterling __________; Baker ____________; Ferguson ___________; Steed ___________; Johnson ___________; Stivener ____________ Motion Carried: Yes___________; No __________ MINUTES OF CITY COUNCIL MEETING JULY 1, 2015 This meeting was cancelled due to lack of quorum. 1. Call to order: 2. Invocation: 3. Roll Call: 4. Citizen Comments: 5. Budget Workshop: Discussion of proposed budget for FY 2015-2016. 6. Councilmember comments on agenda items set out above and requests for items to be placed on future agendas. (No matter that is not specifically contained on this agenda may be discussed except, and limited to, asking that an item be placed on future agendas.) 7. Adjourn: __________________________________________ Bryan Ferguson, Mayor ATTEST: _______________________________ Jana Lewellen, City Secretary MINUTES OF CITY COUNCIL MEETING JULY 6, 2015 1. Call to order: Meeting called to order at 6:00 P.M. by Mayor Bryan Ferguson. 2. Invocation: Rusty Steed gave the invocation. 3. Roll Call; Councilmembers present: James Mastergeorge, Bert Echterling, Doye Baker, Bryan Ferguson, Rusty Steed, and Warren Johnson. Councilmember Jeremy Stivener was absent. 4. Citizen Comments: Dan Jackson with Willdan Financial Services provided an overview regarding a stormwater cost of service and fee analysis for the City of Robinson. 5. Budget Workshop: Discussion of proposed budget for FY 2015-2016. Robert Cervenka, City Manager, provided Council with an overview of the proposed 2015-2016 budget. Budget discussed by Council, no action taken at this time. 6. Councilmember comments on agenda items set out above and requests for items to be placed on future agendas. (No matter that is not specifically contained on this agenda may be discussed except, and limited to, asking that an item be placed on future agendas.) None 7. Adjourn: Meeting adjourned at 6:51 p.m. __________________________________________ Bryan Ferguson, Mayor ATTEST: _______________________________ Jana Lewellen, City Secretary MINUTES OF CITY COUNCIL MEETING July 7, 2015 1. Call to order: Meeting called to order at 6:00 P.M. by Mayor Bryan Ferguson. 2. Invocation: Bryan Ferguson provided the Invocation. 3. Roll Call: Councilmembers present: James Mastergeorge, Bert Echterling, Doye Baker, Bryan Ferguson, Rusty Steed, and Warren Johnson. Councilmember Jeremy Stivener was absent 4. Approve Minutes from: June 2, 2015. James Mastergeorge motioned to approve the minutes as written. Rusty Steed seconded this motion. Voting in favor; Mastergeorge, Echterling, Baker, Ferguson, Steed, and Johnson. Motion carried unanimously. 5. Citizen Comments: Vernon Leuschner, 299 Peevy Lane, Robinson, Texas 76706 commented on the Street Quality Testing, and the City of Robinson Phone System. John Vorderkunz, 1811 Greig Drive, Robinson Texas, 76706, commented on the general repair work and maintenance (shredding in ditches, culvert, and speed limit on Grieg), and City of Robinson Phone System. 6. PUBLIC HEARING – Conduct a Public Hearing and action: Regarding a zoning change from R-1, Single Family Residential to AG, Agricultural. The tract of land is a 9.695 acre tracts conveyed to Melissa and Mark Benson by deed recorded in Instrument # 2011035571 of the Official Public Records of McLennan County, Texas. It is located at 5901 Rosenthal Pkwy. The public hearing was opened at 6:11 p.m. Tracy Lankford provided a brief background of this zoning request. Mr. Lankford stated the Planning & Zoning Commission voted 3 to 0 to approve the request, and recommend approval. Sharon Benson, property owner, spoke in favor of the proposed zoning change. The hearing closed at 6:16 p.m. Following a brief discussion by Council, James Mastergeorge made motion to approve the request from R-1, Single Family Residential to AG, Agricultural. Rusty Steed seconded the motion. Voting in favor: Mastergeorge, Echterling, Baker, Ferguson, Steed, and Johnson. Motion carried unanimously. 7. Discussion, consideration, action, if any re: Award of proposal for lease of Cityowned property regarding S. Old Robinson Road (former church property), Block 2, Plat of Original Town of Robinson. City Manager Robert E. Cervenka provided an overview of this item. Following a brief discussion by Council, Rusty Steed made a motion to award the lease to Bridgepoint Fellowship as presented. Warren Johnson seconded this motion. Voting in favor: Mastergeorge, Echterling, Ferguson, Steed, and Johnson. Motion carried by a vote of 5-1 with Baker voting in opposition. 8. Discussion, consideration, action, if any re: Walker Partners proposal to provide professional surveying services to the City of Robinson in connection with the City of Robinson Topographic Survey for Reservoir No. 2. City Manager Robert E. Cervenka City Council Meeting Minutes July 7, 2015 Page 1 of 3 provided an overview of this item. Following a brief discussion by Council, Rusty Steed made a motion to approve the proposal from Walker Partners as presented. James Mastergeorge seconded this motion. Voting in favor: Mastergeorge, Echterling, Ferguson, Steed, and Johnson. Motion carried by a vote of 5-1 with Baker voting in opposition. 9. Discussion, consideration, action, if any re: Application for eligibility regarding the Federal Surplus Property Program. City Manager Robert E. Cervenka provided an overview of this item. Following a brief discussion by Council, Rusty Steed made a motion to approve the execution of the application as presented. Warren Johnson seconded this motion. Voting in favor: Mastergeorge, Echterling, Baker, Ferguson, Steed, and Johnson. Motion carried unanimously. 10. Discussion, consideration, action, if any re: Authorizing the City Manager to execute an engagement letter with Willdan Financial Services to provide for a stormwater cost of service and fee analysis for the City of Robinson. City Manager Robert E. Cervenka provided an overview of this item, and stated Dan Jackson with Wildan Financial Services provided as summery to Council at the Special Called Meeting conducted on July 6, 2015. Following a brief discussion by Council, Doye Baker made a motion to delay this engagement for one year. This motion died for lack of second. No further action was taken. 11. Discussion, consideration, action, if any re: Walker Partners Capital Improvement Projects Quarterly Update. Clark Gauer, Walker Partners, LLC, appeared and provided the Council with an oral and visual update on current water and wastewater capital improvements projects. No further action taken. 12. Discussion, consideration, action, if any re: Discussion of the FY 2015-2016 Budget. City Manager Robert E. Cervenka provided Council with an overview of the proposed 2015-2016 budget. Mr. Cervenka stated an additional Budget meeting will be conducted on July 28, 2015 for final review. Budget discussed by Council, no action taken at this time. 12(A). Discussion, consideration, action, if any re: Resolution No. 2015-009 McLennan County Appraisal District Accounting Practices and Management. Councilmember Rusty Steed provided an overview of this item. Following a brief discussion by Council, Rusty Steed made a motion to approve the resolution as presented. James Mastergeorge seconded this motion. Voting in favor: Mastergeorge, Steed, and Johnson. Motion carried by a vote of 3-2 with Councilmembers Ferguson and Baker voting in opposition, and one abstention from Councilmember Echterling. 13. Councilmember comments on agenda items set out above and requests for items to be placed on future agendas. (No matter that is not specifically contained on this agenda may be discussed except, and limited to, asking that an item be placed on future agendas.) City Council Meeting Minutes July 7, 2015 Page 2 of 3 Councilmember Echterling directed staff to follow-up on comments made during citizen comments regarding street testing and the phone system. Councilmember Steed directed staff to follow-up on the phone system. Councilmember Johnson asked for follow-up on the phone system, and suggest a customer service workshop. 14. Discussion, consideration, action if any, re: Monthly Departmental Reports. None. Court Report Communications Report Building Permit Reports Code Enforcement Reports Finance Report ETMC Report Fire Department Report Police Department Report Public Works Reports 15. Adjourn. Meeting adjourned at 7:01 p.m. __________________________________________ Bryan Ferguson, Mayor ATTEST: _______________________________ Jana Lewellen, City Secretary City Council Meeting Minutes July 7, 2015 Page 3 of 3 MINUTES OF CITY COUNCIL MEETING JULY 28, 2015 1. Call to order: Meeting called to order at 6:00 P.M. by Mayor Bryan Ferguson. 2. Invocation: Rusty Steed gave the invocation. 3. Roll Call; Councilmembers present: James Mastergeorge, Bert Echterling, Doye Baker, Bryan Ferguson, and Rusty Steed. Councilmember Jeremy Stivener arrived at 6:08 PM. Councilmember Warren Johnson was absent. 4. Citizen Comments: None 5. Budget Workshop: Discussion of proposed budget for FY 2015-2016. Robert Cervenka, City Manager, provided Council with an overview of the proposed 2015-2016 budget. Budget discussed by Council, no action taken at this time. 6. Councilmember comments on agenda items set out above and requests for items to be placed on future agendas. (No matter that is not specifically contained on this agenda may be discussed except, and limited to, asking that an item be placed on future agendas.) Councilmember Echterling notified Council he would not be at the August 4, 2015 meeting. 7. Adjourn: Meeting adjourned at 7:13 p.m. __________________________________________ Bryan Ferguson, Mayor ATTEST: _______________________________ Jana Lewellen, City Secretary MEETING DATE: August 4, 2015 AGENDA ITEM: Citizen Comments Comments: Motion by: _________________________________________________________________________ Seconded by: _______________________________________________________________________ Content of Motion: ___________________________________________________________________ ___________________________________________________________________________________ Vote: Mastergeorge__________; Echterling ___________; Baker ____________; Ferguson ___________; Steed ___________; Johnson ___________; Stivener ____________ Motion Carried: Yes___________; No __________ MEETING DATE: August 4, 2015 AGENDA ITEM: 6. City Manager Response to Citizen Comments regarding the July 7, 2015 City Council Meeting: general repair work and maintenance (shredding in ditches, culvert, and speed limit on Grieg), Street Quality Testing, and phone system. Comments: Please see the attached comments provided by City Manager Robert E Cervenka. Motion by: _________________________________________________________________________ Seconded by: _______________________________________________________________________ Content of Motion: ___________________________________________________________________ ___________________________________________________________________________________ Vote: Mastergeorge__________; Echterling ___________; Baker ____________; Ferguson ___________; Steed ___________; Johnson ___________; Stivener ____________ Motion Carried: Yes___________; No __________ City Manager Response to Citizen Comments City Council Hearing of Visitors July 7, 2015 John Vorderkunz (1811 Greig Drive) – Commented on the general repair work and maintenance (shredding in ditches, culvert, and speed limit on Grieg), and phone system. Stated no returned phone calls by City. General Repair Work The City Manager contacted Mr. Vorderkunz several days after the City Council meeting and went and met with him at his home. It was discussed to clean out the ditch in front of his house along Grieg Drive to a point toward the creek in which it would flow better. It was also agreed to work with him to realign his drive approach what currently has three culvert pipes. Mr. Vorderkunz wants the City to pull out the existing pipes and he will replace and include a larger culvert pipe. He will tear out the existing concrete sides before the City begins. He also wants the City to clean up the drainage inlet along Hoffmeyer Drive at Grieg Drive. The City Manager agreed to get this done in a timely manner and instructed the Public Works Director on site of what needs to be done. The new speed limit (40 mph) was determined by a study by the Police Department once Greig Drive was completed and passed by the City Council. Phone System The City Manager discussed the phone system issues with the Police Chief and receptionist. All calls received in the absence of the receptionist are deferred to the water utility employees at the front counter. We will continue to look for opportunities to improve customer service regarding the Phone System. Our job in handling the matter is to listen, understand, and then discuss with the customer their concerns in a calm and friendly manner while conducting an open discussion regarding the issues complained of and how they will be responded to in their specific issue. Once we have heard the complaint and understand, we can refer the customer to a supervisor or manager where possible. Possibly creating and maintaining a manner of tracking customer complaints and the resolution. We will do a better job at answering and returning calls within one work day. Vernon Leuschner – Street Quality Testing – Phone System Street Quality Testing The City Manager discussed (phone call) the street conditions of Lux with Mr. Leuschner several days after the Council meeting. The reason the utility cut was not patched is due to the fact that Lux Dr. will be reclaimed in the next two weeks. However, the street crew did go out to Lux and placed a temporary patch on the utility cut and other areas that needed attention. Walker Partners (City Engineer) advised that testing was to be done on all street sections for this year’s projects. The City budget for testing on these projects was limited for engineering and testing services as of May 2015 for the approximately 12 miles of streets that are proposed for reconstruction. There were 30 borings performed in various streets in March 2015 (LFE Project W15‐020, Report dated April 23); and several Proctors along with associated Atterberg Limits and ‐200 Mesh sieves were done during April. While the Proctors and associated testing were on samples from specific streets, density tests were not conducted. The reconstruction plans have been reduced to 2 primary alternatives, both of which include a seal‐coat topping: 1) Use an asphaltic emulsion to stabilize at least 6 inches of existing granular base, whenever at least 8 inches of granular base exists; and 2) Use a fly‐ash/lime stabilizer on 8 inches of existing material whenever clayey soils exist within the material to be stabilized. Ergon has been retained to prepare mix designs for the asphaltic stabilizer. LFE previously conducted mix designs for fly‐ash/lime stabilizer, and conducted limited testing and engineering for some of the streets. The City Engineer feels it's important for the City to move forward to continue to work with Langerman‐Foster (regarding their on‐call materials testing services) to perform field densities, gradations, any strength cylinders, etc. that are needed to show that the means and methods being employed met the full depth emulsion designs (or lime stabilization). It is anticipated that the City will authorize field density tests to be performed on a typical street section and mix design over the next 30 days by Langerman‐Foster to verify current designs. It should be noted that this testing is limited due to financial constraints per council action (i.e. funds were limited to a joint effort between Walker Partners, and Langerman & Foster). Phone System The City Manager discussed the phone system issues with the Police Chief and receptionist. All calls received in the absence of the receptionist are deferred to the water utility employees at the front counter. We will continue to look for opportunities to improve customer service regarding the Phone System. Our job in handling the matter is to listen, understand, and then discuss with the customer their concerns in a calm and friendly manner while conducting an open discussion regarding the issues complained of and how they will be responded to in their specific issue. Once we have heard the complaint and understand, we can refer the customer to a supervisor or manager where possible. Possibly creating and maintaining a manner of tracking customer complaints and the resolution. We will do a better job at answering and returning calls within one work day. Councilmember Requests/Comments Bert Echterling – Follow‐up on citizen comments regarding street quality testing, and phone system (said this was not the first time he’s heard this complaint). Please refer to City Manager response. Rusty Steed, Mayor ProTem – Phone System. Please refer to City Manager response. Warren Johnson – Schedule a Customer Service Workshop. It was recommended by the City Manager that a retreat would be scheduled during the month of September‐October to discuss the customer service issues. Please refer to City Manager response. MEETING DATE: August 4, 2015 AGENDA ITEM: 7. Consider all matters incident and related to the issuance and sale of City of Robinson, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2015, including the adoption of an ordinance 2015-003 authorizing the issuance of such certificates of obligation. Comments: At the June 2, 2015 Council Meeting, Council approved Resolution 2015-006 to consider all matters incident and related to approving and authorizing publication of notice of intention to issue certificates of obligation. Notice was placed in the Waco Tribune-Herald on July 3, 2015 and July 10, 2015 as required. CO’s will be priced by the Financial Advisor on the morning of August 4, 2015, and this information will be provided at the meeting. Recommend adoption of ordinance 2015-003 authorizing the issuance of such certificates of obligation as presented. Motion by: _________________________________________________________________________ Seconded by: _______________________________________________________________________ Content of Motion: ___________________________________________________________________ ___________________________________________________________________________________ Vote: Mastergeorge _________; Echterling__________; Baker _________; Ferguson _________; Steed ___________; Johnson ___________; Stivener ____________ Motion Carried: Yes___________; No __________ MEETING DATE: August 4, 2015 AGENDA ITEM: 8. Renewal of a lease agreement between the City of Robinson and Behnke Farms. Comments: The City of Robinson entered into an agreement with Behnke Farms on September 1, 2008 to lease land that is located within the Water Treatment Plant property along South 12th Street at Flat Creek. Behnke Farms has used the lease area to farm crops during this time period. The term of the lease was for a 5 year period ending September 1, 2013. The lease was renewed for a period of two (2) years at the September 3, 2013 City Council Meeting ending August 31, 2015. Recommend approval of lease agreement for 1 additional year as presented. Motion by: _________________________________________________________________________ Seconded by: _______________________________________________________________________ Content of Motion: ___________________________________________________________________ ___________________________________________________________________________________ Vote: Mastergeorge _________; Echterling__________; Baker _________; Ferguson _________; Steed ___________; Johnson ___________; Stivener ____________ Motion Carried: Yes___________; No __________ RENEWAL OF LEASE AGREEMENT The CITY OF ROBINSON, TEXAS as Landlord (hereinafter “Landlord”) and BEHNKE FARMS—Carl and Donna Behnke as Tenant (hereinafter “Tenant”) previously entered into that certain Lease Agreement with an effective date of September 1, 2008 for the lease of certain land by Landlord to Tenant for a term of five years (the “Lease Agreement”). Landlord has a need to lease to Tenant in order to serve its public purposes. Tenant has chosen to continue the Lease on an amended term of 1 (one) year as proposed by the Landlord. 1. The Property described in Section 1 of the Lease Agreement is such that the Property leased under the Lease Agreement consists of three tracts of land being the following: a) an approximately 56.96 acre tract that is described in Exhibit “A” hereto; b) an approximately 6.394 acre tract that is described in Exhibit “B” hereto; and c) an approximately 30.66 acre tract that is described in Exhibit “C” hereto. 2. The Rental provided for in Section 2 of the Lease Agreement is for annual installments of $2,000 each, payable in advance on or before the first day of each September throughout the remaining term of the Lease Agreement. The rental amount is full compensation to the Tenant for the area leased. 3. If on August 31, 2016, the Tenant has any crops on the property that have not been harvested, the lease shall be extended to enable the Tenant to harvest the same which extension shall not exceed 60 days. 4. All terms of the Lease Agreement not expressly amended and modified herein shall remain if full force and effect as originally written. 1 EXECUTED this 4th day of August, 2015. Landlord: Tenant: CITY OF ROBINSON BEHNKE FARMS-Carl and Donna Behnke By: _______________________ Bryan Ferguson Mayor By: ______________________/__________ Carl Behnke Date Attest: By: ______________________/__________ Donna Behnke Date By: ________________________ Jana Lewellen City Secretary 2 A Vannoy & Assoc., Inc. EXHIBIT AField Notes Attached N 57-15'09" E 75.86' Point o/ Called 314.11 Acres City of Robinson 1707-627 3" Steel Fence Comer Found Co//ed J74. C/ty of Robinson 1707-627 ,-, Denotes 7/2 incn stee/ rod set unless otherwise noted. • Denotes 5/8 inch stee/ rod found C a 3 2 C a rn p o : Silos LEGEND Electric Meter Gas Pipeline Riser Power Pole Sanitary Sewer Manhole Telephone Pedestal Telephone Manhole Water Well Water Valve 1"=400 Ca//ed 374. H Acres City of Robinson 1707-627 No Schedule "B" Provided Drawn By: jdd 320S ~ 500 N. Valley Mills Dr., Suite 210 Waco, TX 76710 (254)751 -1934 © Copyright 2011 Vannoy & Assoc., Inc. The content, color, and style ot this plat protected by Copyright and all rights are reserved. Vannoy & Assoc., Inc. EXHIBIT & Reid Notes Attached Angle Iron Found Q LEGEND Electric Meter Gas Pipeline Riser Power Pole Sanitary Sewer Manhole Telephone Pedestal Telephone Manhole Water Well Water Valve a r ! o s 0 ' C a m p o Point of Beginning \5^ Point of i Commencement BEARING N 6T08'19" N 87-06'36" S 4V33'38" S 88'21'09" N 02'38' 10" N 60'56'28" UNE L1 L2 L3 L4 L5 L6 DISTANCE 69.21 ' 178.04' 175.26' 122.11' 175.82' 192.17' E W W W W E _ Denotes 1/2 inch steel rod set unless otherwise noted. u ,e>6' • Denotes 5/8 inch steel rod found. Called 314.11 Acres ,„ ' *>. City of Robinson 1707-627 Co/ted 3? 4.11 Acres City of Robinson L2 1707-627 ~°-1uoi; ^£•5 1"=500' No Schedule "B" Provided Drawn By: jdd __ 32Q8 SOON. Valley Mills Dr., Suite 210 Waco, TX 76710 (254)751-1934 © Copyright 2011 Vannoy & Assoc., Inc. Tfie content, color, and style of this plat protected by Copyright and all rights are reserved. Vannoy & Assoc., Inc. Field EXHIBIT t, Notes Attached LEGEND • C a r l o s Electric Meter Gas Pipeline Riser Power Pole Sanitary Sewer Manhole Telephone Pedestal Telephone Manhole Water Well Water Valve 0 ' C a m p o G r a n t Silos O Denotes 1/2 inch steel rod set. • Denotes 5/8 inch steel rod found. Point o/. Beginning Called 314.11 Acres City of Robinson 1707-627 LINE L1 L2 BEARING S 44'32'19" W S 23-29'12" E DISTANCE 142.44' 154.66' 1 "=400' No Schedule "B" Provided Drawn By: jdd s . 32oa 500 N. Valley Mills Dr., Suite 210 Waco, TX 76710 (254)751-1934 © Copyright 2011 Vannoy & Assoc., Inc. The content, color, and style of this plat protected by Copyright and all rights are reserved 3 2 MEETING DATE: August 4, 2015 AGENDA ITEM: 9. Resolution No. 2015-010; Ordering a General Election for the City of Robinson on November 3, 2015 to be held as a Joint Election with McLennan County. Comments: The City of Robinson currently has three (3) at large City Council positions up for election at the joint General Election to be held on November 3, 2015. Filing began on Monday, July 27, 2015, and ending August 24, 2015. Recommend approval of Resolution 2015-010 ordering a General Election as presented. Motion by: _________________________________________________________________________ Seconded by: _______________________________________________________________________ Content of Motion: ___________________________________________________________________ ___________________________________________________________________________________ Vote: Mastergeorge _________; Echterling__________; Baker _________; Ferguson _________; Steed ___________; Johnson ___________; Stivener ____________ Motion Carried: Yes___________; No __________ RESOLUTION NO. 2015-010 RESOLUTION ORDERING A GENERAL ELECTION TO BE HELD AS A JOINT ELECTION WITH MCLENNAN COUNTY TO BE HELD FOR THE CITY OF ROBINSON, TEXAS ON NOVEMBER 3, 2015 TO ELECT COUNCIL MEMBERS; ESTABLISHING EARLY VOTING AND POLLING LOCATIONS AND DATES/TIMES. WHEREAS, in accordance with Resolution No. 2011-011, adopted by the City Council in response to Senate Bill 100, the General Election for the City of Robinson for the purpose of electing City Council persons will be held on November 3, 2015 jointly with McLennan County; and WHEREAS, in accordance with the City Charter and Resolution No. 2011-011 three (3) at large City Council positions will be up for election at the November 3, 2015 General Election. BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF ROBINSON, TEXAS: SECTION 1: An election is hereby ordered to be held on November 3, 2015 for voting in the General Election to elect one person for each position to serve the full term of two years for three (3) At-Large positions for the City of Robinson. (Se ordena una eleccion que se lleve el dia 3 de noviembre, 2015 para la votar en una elección general para elegir una persona para que sirvan los termino completos de dos años para tres (3) posiciones general de la ciudad de Robinson.) SECTION 2: That Tuesday, November 3, 2015, is a Uniform Election Day in the State of Texas, and that the election shall be held as a joint general election with McLennan County. SECTION 3: That the Mayor is hereby authorized and directed to order, and by his signature hereon does so order, a General Election to elect three (3) members to the City Council, be held for the City of Robinson on Tuesday, November 3, 2015 between the hours of 7:00 a.m. and 7:00 p.m. in accordance with the Constitution and laws of the State of Texas, at which all duly qualified resident voters of the City of Robinson, Texas shall be eligible to vote. SECTION 4: That all necessary election officials, judges and clerks shall be appointed by McLennan County which shall administer the election. SECTION 5: As part of the joint election with McLennan County, early voting for the City’s general election will be as follows: LOCATION(S) OF POLLING PLACES (UBICACIONES DE LOS LUGARES ELECTORALES) See attached List (Véase la lista adjunta) Early Voting by personal appearance will be conducted at: (La votación adelantada en persona se llevará a cabo todos los días en:) Main Early Voting Site: (Lugar principal de votación adelantada) McLennan County Elections Administration Office Records Building 214 North Fourth Street, Suite 300 Waco, Texas 76701 Robinson First Baptist Church 104 E. Stegall Rd. Robinson, TX 76706 Waco Multi-Purpose Community Center 1020 Elm St. Waco, Texas 76704 First Assembly of God Church 6701 Bosque Blvd. Waco, Texas 76710 Brazos Meadows Baptist Church 625 S. Hewitt Dr. Hewitt, Texas 76643 The dates and times of Early Voting are: (Los días y horas de votación adelantada son:) Monday (lunes) Tuesday (martes) Wednesday (miércoles) Thursday (jueves) Friday (viernes) October 19, 2015 (19 de octubre, 2015) October 20, 2015 (20 de octubre, 2015) October 21, 2015 (21 de octubre, 2015) October 22, 2015 (22 de octubre, 2015) October 23, 2015 (23 de octubre, 2015) Monday (lunes) Tuesday (martes) Wednesday (miércoles) Thursday (jueves) Friday (viernes) October 26, 2015 (26 de octubre, 2015) October 27, 2015 (27 de octubre, 2015) October 28, 2015 (28 de octubre, 2015) October 29, 2015 (29 de octubre, 2015) October 30, 2015 (30 de octubre, 2015) 8:00 AM - 5:00 PM 8:00 AM - 5:00 PM 8:00 AM - 5:00 PM 8:00 AM - 5:00 PM 8:00 AM - 5:00 PM 8:00 AM - 5:00 PM 8:00 AM - 5:00 PM 8:00 AM - 5:00 PM 7:00 AM - 7:00 PM 7:00 AM - 7:00 PM Applications to vote by mail should be mailed to: (Las solicitudes para poder votar por deben ser enviadas a:) Kathy E. Van Wolfe McLennan County Elections Administrator P.O. Box 2450 Waco, Texas 76703-2450 Applications for ballot by mail must be received no later than the close of business on October 23, 2015: (Las solicitudes para votar por correo tendrán que ser recibidas antes del fin del día laboral el 23 de octubre, 2015:) SECTION 6: Election Day polling places are attached: SECTION 7: Notice of the election hereby ordered and called shall be given: (a) by publication one time in the official newspaper of the City of Robinson, Texas, not less than ten (10) nor more than twenty-five (25) days prior to the date set herein for such election; and (b) by posting such notice at the polling place for each election precinct of the City not less than twenty (20) days prior to the date set herein for such election. PASSED AND APPROVED, THIS THE 4th DAY OF AUGUST, 2015 _______________________________ Bryan Ferguson, Mayor ATTEST: _________________________________ Jana Lewellen, City Secretary MCLENNAN COUNTY ELECTIONS ADMINISTRATION OFFICE (254) 757-5043 WWW.MCLENNANVOTES.COM MCLENNAN COUNTY VOTE CENTERS (LOS CENTROS DE VOTACIÓN DEL CONDADO DE MCLENNAN) ON TUESDAY, NOVEMBER 3, 2015, REGISTERED VOTERS WILL BE ABLE TO CAST THEIR ELECTION DAY BALLOTS AT ANY OF THE VOTE CENTERS LISTED BELOW FROM 7:00 AM - 7:00 PM (El martes, 03 de noviembre 2015, los votantes incritos podrán emitir su voto el día de elecciones en CUALQUIERA de los Centros de Votación que se indican a continuación de 7:00 AM - 7:00 PM) AXTELL SCHOOL ATH. MEETING ROOM BELLMEAD CIVIC CENTER BEVERLY HILLS CITY HALL BRAZOS MEADOWS BAPTIST CHURCH BRUCEVILLE-EDDY ISD SPECIAL EVENTS CENTER CALVARY BAPTIST CHURCH CENTRAL CHRISTIAN CHURCH CENTRAL PRESBYTERIAN CHURCH CESAR CHAVEZ MIDDLE SCHOOL CHALK BLUFF BAPTIST CHURCH CHINA SPRING INTERMEDIATE SCHOOL CRAWFORD HIGH SCHOOL FELLOWSHIP BIBLE CHURCH FIRST ASSEMBLY OF GOD CHURCH G.W. CARVER ACADEMY HALLSBURG SCHOOL HEWITT FIRST BAPTIST CHURCH H.G. ISBILL JUNIOR HIGH LACY LAKEVIEW CIVIC CENTER LORENA CITY HALL MART COMMUNITY CENTER MCC CONFERENCE CENTER MCLENNAN COUNTY WCID #2 (ELM MOTT WATER) MHMR CENTER FOR DEV. SERVICES MOODY FIRST METHODIST CHURCH PARK LAKE DRIVE BAPTIST CHURCH PEACE LUTHERAN CHURCH RIESEL ISD ADMINISTRATION BLDG. ROBINSON COMMUNITY CENTER ROBINSON FIRST BAPTIST CHURCH SOUTH WACO LIBRARY SPEEGLEVILLE BAPTIST CHURCH TENNYSON MIDDLE SCHOOL TSTC STUDENT RECREATION CENTER UNIVERSITY HIGH SCHOOL WACO CONVENTION CENTER (Texas North Rm. 115) WACO HIGH SCHOOL (Performing Arts Center) WACO MULTI-PURPOSE COMMUNITY CENTER WEST COMMUNITY CENTER WOODWAY FIRST BAPTIST CHURCH 312 W. Seley, Axtell 3900 Parrish St., Waco 3418 Memorial Drive, Beverly Hills 625 S. Hewitt Drive, Hewitt 1 Eagle Drive, Eddy 1001 N. 18th A St., Waco 4901 Lake Shore Drive, Waco 9191 Woodway Drive, Waco 700 S. 15th Street, Waco 5993 Gholson Road, Waco 4001 Flat Rock Rd., Waco 200 Pirate Drive, Crawford 5200 Speegleville Rd., McGregor 6701 Bosque Blvd., Waco 1601 J.J. Flewellen Road, Waco 2313 Hallsburg Road, Waco 301 S. 1st Street, Hewitt 305 S. Van Buren St., McGregor 505 E. Craven Ave., Waco 107-A S. Frontage Road, Lorena 804 E. Bowie Ave., Mart 4601 N. 19th Street, Waco 314 W. Elm Mott Dr., Elm Mott 3420 W. Waco Drive, Waco 500 6th St., Moody 3701 N. 27th Street, Waco 9301 Pantherway, Waco 600 Frederick Street, Riesel 106 W. Lyndale, Robinson 104 E. Stegall Rd., Robinson 2737 S. 18th Street, Waco 469 Speegle Road, Waco 6100 Tennyson Drive, Waco 3801 Campus Drive, Waco 3201 S. New Road, Waco 100 Washington Ave., Waco 2020 N. 42nd St., Waco 1020 Elm Street, Waco 200 Tokio Road, West 13000 Woodway Drive, Woodway MEETING DATE: August 4, 2015 AGENDA ITEM: 10. Conduct a vote by the City Council to place a proposal to adopt a tax rate of $0.505321 on Tuesday, September 1, 2015, and call for two public hearings on a proposed tax rate to be held on Thursday, August 20, 2015 and Tuesday, August 25, 2015, at 6:00 p.m. at Robinson City Hall, 111 W Lyndale Ave, Robinson, Texas 76706. Comments: The City Council held Budget Workshops on July 6, 2015, and July 28, 2015 regarding the proposed FY 2015-2016 Budget. The proposed tax rate will exceed the effective tax rate requiring two public hearings. Recommend approval to place a proposal to adopt a tax rate of $0.505321 on Tuesday, September 1, 2015, and call for two public hearings on a proposed tax rate to be held on Thursday, August 20, 2015 and Tuesday, August 25, 2015 as presented. Motion by: _________________________________________________________________________ Seconded by: _______________________________________________________________________ Content of Motion: ___________________________________________________________________ ___________________________________________________________________________________ Vote: Mastergeorge _________; Echterling__________; Baker _________; Ferguson _________; Steed ___________; Johnson ___________; Stivener ____________ Motion Carried: Yes___________; No __________ MEETING DATE: August 4, 2015 AGENDA ITEM: 11. Walker Partners proposal for replacing existing membranes in the reverse osmosis (RO) trains and rehabilitation, including painting, of the City of Robinson Water Treatment Plant. Comments: See attached Proposal. Recommend approval as presented. Motion by: _________________________________________________________________________ Seconded by: _______________________________________________________________________ Content of Motion: ___________________________________________________________________ ___________________________________________________________________________________ Vote: Mastergeorge _________; Echterling__________; Baker _________; Ferguson _________; Steed ___________; Johnson ___________; Stivener ____________ Motion Carried: Yes___________; No __________ SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of (“Effective Date”) between May 29, 2015 (“Owner”) City of Robinson and (“Engineer”) Walker Partners, LLC Engineer agrees to provide the services described below to Owner for Description of Engineer’s Services: Water Treatment Plant Membrane Replacement and Painting (“Project”). Provide services in accordance with the scope of work defined within attached proposal letter. Owner and Engineer further agree as follows: 1.01 Basic Agreement A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement, and Owner shall pay Engineer for such Services as set forth in Paragraph 9.01. 80% of the fee prior to commencement of construction administration. 3.01 Additional Services A. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. 2.01 Payment Procedures A. Preparation of Invoices. Engineer will prepare a monthly invoice in accordance with Engineer’s standard invoicing practices and submit the invoice to Owner. B. Payment of Invoices. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer’s invoice, the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, Engineer may, without liability, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Payments will be credited first to interest and then to principal. The total of invoices may not exceed B. Owner shall pay Engineer for such additional services as follows: For additional services of Engineer’s employees engaged directly on the Project an amount equal to the cumulative hours charged to the Project by each class of Engineer’s employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer’s consultants’ charges, if any. 4.01 Termination A. The obligation to provide further services under this Agreement may be terminated: 1. For cause, 1 of 4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement’s terms through no fault of the terminating party. b. By Engineer: 1) upon seven days written notice if Engineer believes that Engineer is being requested by Owner to furnish or perform services contrary to Engineer’s responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer’s services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer’s control. 3) Engineer shall have no liability to Owner on account of such termination. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under paragraph 4.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its failure and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon the receipt of notice by Engineer. B. The terminating party under paragraphs 4.01.A.1 or 4.01.A.2 may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Project site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. 5.01 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located. 6.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer each is hereby bound and the partners, successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by paragraph 6.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 7.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services. Engineer and its consultants may use or rely upon the design services of others, including, but not limited to, contractors, manufacturers, and suppliers. B. Engineer shall not at any time supervise, direct, or have control over any contractor’s work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, for safety precautions and programs incident to a contractor’s work progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor’s work. C. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor’s failure to furnish and perform its work in accordance with the contract between Owner and such contractor. D. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any contractor’s agents or employees or any other persons (except Engineer’s own employees) at the Project site or otherwise furnishing or performing any of construction work; or for any decision made on 2 of 4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. interpretations or clarifications of the construction contract given by Owner without consultation and advice of Engineer. However, nothing herein shall release the Engineer from responsibility for the negligence of it or it’s employees and consultants, including for failure to carry out Construction Administration services in accord with the applicable standard of care. The Engineer may be responsible for the acts or omissions of the contractor or others where such should have been discovered and prevented or remedied in the exercise of the applicable standard of care. E. The general conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract” as prepared by the Engineers Joint Contract Documents Committee (No. C-700, 2002 Edition). F. All design documents are jointly owned by the Engineer and the Owner. Owner agrees not to use the design documents except for maintenance or other purposes relating to the project. G. Time: Engineer understands that time is of the essence and Engineer shall complete all services in a timely manner commensurate with the needs of the project. Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste, and radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (i) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the Site is in full compliance with applicable Laws and Regulations. I. Engineer shall maintain professional liability insurance having a coverage limit of no less than $1,000,000. Proof of such insurance must be provided to the Owner upon request.. 8.01 Total Agreement A. This Agreement (consisting of pages 1 to 4 inclusive together with any expressly incorporated appendix), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. H. The parties acknowledge that Engineer’s scope of services does not include any services related to a 3 of 4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 9.01 Payment (Lump Sum Basis) A. Using the procedures set forth in paragraph 2.01, Owner shall pay Engineer as follows: 1. B. Total fee not to exceed $ 59,000.00 Left Blank Intentionally IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: City of Robinson ENGINEER: By: By: Title: Title: Date Signed: Date Signed: Walker Partners, LLC Project Manager License or Certificate No. and State T.B.P.E. Registration No. 8053 Address for giving notices: Address for giving notices: 111 W. Lyndale 600 Austin Avenue, Suite 20 Robinson, TX 76706 Waco, TX 76701 4 of 4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 80599 – TX MEETING DATE: August 4, 2015 AGENDA ITEM: 12. REQUESTS FOR ITEMS TO BE PLACED ON FUTURE AGENDAS. MASTERGEORGE: ECHTERLING: BAKER: FERGUSON: STEED: JOHNSON: STIVENER: