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MINUTE BOOK 30 1993
1 April 22,1993 The Round Rock City Council met in Regular Session on Thursday, April 22, 1993 at 7:04 p.m. in the City Council Chamber, 221. E. Main Street. ROLL CALL: Those members present were Mayor Mike Robinson, Mayor Pro -tem Jimmy Joseph, Councilman Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer and Councilwoman Martha Chavez. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTE Regular Session April 8. 1993 and�Snecial Called Session April 12. 1993 MOTION: Mayor Pro -tem Joseph moved to approve the minutes as submitted. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Don Whitley, 2400 Spanish Oak Trail, Round Rock Morning Kiwanis, outlined the 1992 Whataburger Holiday Classic Basketball Tournament financial report. The report included figures of the financial impact to Round Rock. The Morning Kiwanis returned $364.33 to the Round Rock Hotel/Motel Fund. Pat Patterson, 1843 Lime Rock, Director of the Round Rock Volunteer Center, gave the 1992 year end Volunteer Hour Report. This past year the Center saved the City $76,147.07. There were 11,442 volunteer hours given to the City. Patterson thanked the Council for all the support they have given to the Volunteer Center and especially thanked Mayor Robinson for his 15 years of service to the City as a Councilmember and Mayor. PROCLAMATIONS: Nona April 22,1993 PRESENTATIONS: None PUBLIC HEARINGS: 7..A. Consider public testimony regarding the proposed annexation of 58,97 acres of land proposed Rolling Rock Subdivisi-n . Joe Vining made the staff presentation. The proposed Rolling Rock Subdivision will be named Rolling Prarie Subdivision. This tract lies on the north side of Gattis School Road and abuts the MILT R.O.W. Mayor Robinson opened the public hearing. Jeff Rusk, 800 Johnson Lane, expressed his concern that the proposed subdivision would not have any parks, sidewalks or play area for the children which would make the existing adjoining properties attractive to play in because of the horses, cattle and other animals in that area. Rusk asked the Council to delay the annexation until all concerns have been addressed and a traffic flow study can be done. Rusk added that a pocket park would be helpful. Mayor Robinson said that the City Council can not hold up development if the developer is complying with the City's subdivision and zoning ordinances. He added that a pocket park would not solve the problem of keeping children in the area. Being no further public testimony, the public hearing was closed. 7.B. Consider public testimony regarding the proposed annexation of 30.7059 acres of land (proposed Oak Bluff Estates -Section-3 I . Joe Vining made the staff presentation. This property lies on the east side of County Road 122, south of Wildwood Country Subdivision and west of Oak Bluff Estates, Phase 2. The proposed land use is for thirty-four (34) single-family (typically 0.7 acre) building lots and two (2) lots dedicated to stormwater detention. Mayor Robinson opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: 8.A. Consider an ordinance establishing an Economic Development Program for Investex LLC pursuant to Section 380.001 of the Local Government Code. (First Readin Joe Vining made the staff presentation. Investex LLC purchased Lot 1 of Corridor Park I for the purpose of locating the food processing facility, Michael April 22, 1993 Angelo. This property has a cul-de-sac (public R,O.W.) which will not be necessary to provide access to the proposed food processing facility. This public right-of-way was appraised for $42,000.00. The grant and conveyance of this right-of-way to Investex qualifies as a program under the authority of §380.001 Local Government Code. Mayor Robinson read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM TO PROMOTE LOCAL ECONOMIC DEVELOPMENT AND TO STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY OF ROUND ROCK; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro -tem Joseph moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE. Ayes. Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes:. None ACTION: The motion carried unanimously. MOTION: Councilman Stewart moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Mayor Pro -tem Joseph seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes-: -Ione April 22,1993 ACTION: The motion carried unanimously. 8.B. Consider an ordinance amending the rate charged for Water and Wastewater service to Williamson County MUD No. 9. First Readin David Kautz made the staff presentation. This property is located at the intersection of County road 175 (Sam Bass Road) and FM 1431 and is also known as Vista Oaks Subdivision. MUD No. 9 has requested that their water and wastewater rates be adjusted in line with the cost of service study developed by Willis, Graves and Associates. This ordinance accomplishes this request. Kautz offered the figures that will be used to calculate the proposed water and wastewater rates. Mayor Robinson read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE RATE CHARGED FOR WATER. AND WASTEWATER SERVICE TO THE WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Stluka moved to adopt the ordinance. Councilman Morgan seconded the motion. VOTE: Ayes: Noes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson None ACTION: The motion carried unanimously. MOTION: Councilman Stewart moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Morgan seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer April 22,1993 Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 9. A. Consider a resolution authorizing the Mayor to enter into a tax abatement agreement with Investex LLC. Phil Brewer, President Round Rock Chamber of Commerce, offered a recap of the impact study that was done by Perryman Consultants and presented at the last meeting.. The tax abatement agreement will provide a 75% tax abatement for a ten year period for new development and improvements proposed for 35.392 acres of land located in Corridor Park 1. The proposed development is a food processing facility, Michael Angelo"s Gourmet Foods, Inc. This company will provide 595 jabs and a cumulative payroll of $45 million by the year 2003. The total 10 year abatement will be $435,437.00. Larry Parker, Member of Investex LLC, Sara Agnello, creator of Michael Angelo's Gourmet Foods, and members of Mrs. Agnello's family were present. Mr. Parker and Mrs. Agnello thanked the staff and the Council for all the work they did. Mayor Robinson read the following resolution. RESOLUTION NO. WHEREAS, the City Council of Round Rock, Texas, on the 8th day of April, 1993 in Ordinance No. G -93-04-08-8A created the Reinvestment Zone No. Five, City of Round Rock, Texas, and WHEREAS, in accordance with the Property Redevelopment Tax Abatement Act, Chapter 312, Tax Code of the State of Texas, as amended, the City desires to enter into a tax abatement agreement with Investex LLC regarding property located in said Reinvestment Zone, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized to sign on behalf of the City the Tax Abatement Agreement attached hereto and incorporated herein for all purposes. RESOLVED this 22nd day of April, 1993. MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tern Joseph moved to approve the resolution. April 22,1993 Councilman Palmer seconded the motion. VOTE: Ayes: Noes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson None ACTION: The motion carried unanimously. 9.B. Consider a resolution authorizing the Mayor to enter into a lease agreement with Kuenstler Machinery for a John Deere Tract Loader. Jim Nuse made the staff presentation. This resolution would allow for a five month rental of a tract loader. Funds are available in the Street Department to rent this piece of equipment. Three bids were received and Kuenstler Machinery submitted the lowest and best bid at $1,680 per month for a 455G John Deere. Staff recommended acceptance of the bid by Kuenstler Machinery. Mayor Robinson read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids to lease a John Deere Tract Loader, and WHEREAS, Kuenstler Machinery has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Kuenstler Machinery, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND RUCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Kuenstler Machinery to lease a John Deere Tract Loader, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 22nd day of April, 1993. MIKE ROBINSON, Mayor City of Found Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution.. Councilman Morgan seconded the motion. VOTE: Ayes: Councilman Stluka a April 22,19'93 Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. 9.C. Consider a resolution authorizing the Mayor to enter into an agreement with Round Rock Construction for Onion Creek Watershed Regional Detention improvements at SCS12. Jim Nuse made the staff presentation. On April 13, 1993, eight bids were opened for improvements to SCS12. SCS12 is a flood control structure located in north central Round Rock. These improvements will help to reduce flows in Onion Creek. Round Rock Construction was the lowest and best bidder at $105,022.00. Staff recommended award of the contract to Round Rock Construction. Funds are from the regional detention fund. Mayor Robinson read the .following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of the Onion Creek Watershed Regional Detention Improvements at SCS12, and. WHEREAS, Round Rock Construction has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Round Rock Construction, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Round Rock Construction for the construction of the Onion Creek Watershed Regional Detention Improvements at SCS12, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 22nd day of April, 1993. MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Morgan moved to approve the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Stluka April 22,1993 Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. 9.D. Consider a resolution authorizing the Mayor to enter into an agieement with Southwestern Underground, Inc. for the Northeast Round Rock Utility Main Inspections, rim Nuse made the staff presentation. Bids were opened on April 13, 1993 for the Northeast Round Rock. Utility Main Inspection Project. Only two bids were received. Southwestern Underground Supply was the lowest bidder. Since the time the project was advertised, one of the property owners did a substantial portion of the specified work. Accordingly, staff met with both the low bidder and the property owners agreed on a reduced scope of the project. Mayor Robinson read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for inspection services for the Northeast Round Rock Utility Main Inspections, and WHEREAS, Southwestern Underground, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Southwestern Underground, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Southwestern Underground, Inc. for inspection services for the Northeast Round Rock Utility Main Inspections, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 22nd day of April, 1993. MIKE ROBINSON, Mayor City of Round Rock, Texas - ,ATTEST: JOANNE LAND, City Secretary MOTION:. Councilman Palmer moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan ti April 22, 1993 Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. 9.E. Consider a resolution of approval and Expressing Intent to Reirnburse certain costs from bonds in connection with facilities for Dell Comr)uter Corporation. Bob Bennett made the staff presentation. The approval of this resolution is the first step in the financing of the Dell Computer Corporation's expansion in Round Rock. It will allow Dell Computer's to reimburse itself for cost currently incurred on the Round Rock project. This resolution will allow Dell to recover costs associated with architects, engineers and other capital costs once the bonds are issued. Mayor Robinson read the following resolution. RESOLUTION NO. RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE FROM BOND PROCEEDS CERTAIN COSTS OF THE DELL COMPUTER CORPORATION PROTECT WHEREAS, the. City of Round Rock, Texas acting by and through its duly authorized industrial development corporation (the "Issuer") is authorized to issue bonds pursuant to Article 5190.6, Vernon's Civil Statutes, as amended, for the purposes as set forth therein (the "Act"); and WHEREAS, it is expected that certain capital expenditures will be paid in connection with the design, planning, acquisition and construction of facilities for Dell Computer Corporation, as further described in Exhibit "A" (the "Project"), prior to the issuance of bonds to finance all or any portion of such Project; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the payment of such capital expenditures will be appropriate and consistent with the objectives of the Act and., as such, chooses to declare its intention, in accordance with the provisions of Section 1.103-18 of the Treasury Regulations and applicable state law, to reimburse such payments at such time as the bonds are issued to finance the Project. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT: Section 1. The Issuer reasonably expects to issue bonds, in one or more series with an estimated aggregate maximum principal amount of $50,000,000 for the purpose of paying ,all or an portion of "the costs'of the Project. A portion -of the 10 April 22,1.993 proceeds of the bonds received by the Issuer in an amount estimated not to exceed $11,300,000 are reasonably expected to be used to reimburse certain costs of the Project. Section 2. The Issuer intends that this Resolution satisfy the official intent requirement set forth in Section 1.103-18 of the Treasury Regulations and applicable state law. The Issuer has no funds or sources of funds, other than the proceeds of the bonds to be issued, which the Issuer has, or reasonably expects to be, reserved, allocated on a long-term basis, or otherwise set aside in the Issuer's budget or other financial policies with respect to the expenditures to be reimbursed. Section 3. All costs to be reimbursed pursuant hereto will be capital expenditures within the meaning of Section 1.103-18(c)(2)(iii) of the Treasury Regulations. None of the expenditures to be reimbursed pursuant to this Resolution have been allocated to expenditures entered on the books and records of the Issuer earlier than the date on which such expenditures are paid. Moreover, no debt obligations will be issued by the Issuer in the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 4. The City Council directs that this Resolution be maintained as a public record available for inspection by all persons in accordance with the provisions of Article 6252-17a, Vernon's Annotated Texas Civil Statutes and that no later than thirty (30) days after this date, this Resolution will be made available for inspection by all members of the general public at the offices of the Issuer. MOTION: Mayor Pro -tem Joseph moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Noes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson None ACTION: The motion carried unanimously. APPOINTMENTS: 10.A. Consider 2 appointments to the Round Rock Advisory Board for the Aging. Mayor Robinson opened the floor for nominations. Petrenella McConico and Jo Updegraff were nominated. MOTION: Councilman Palmer moved that nominations cease. Mayor Pro - tem Joseph seconded the motion. VOTE: Ayes: Councilman Stluka 11 April 22, 1993 Councilman Morgan Councilman. Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. MQTION: Councilman Stewart moved to appoint Ms. McConico to a term that expires in 1994 and Ms. I_Tpdegraff to a term that expires in 1993. Councilman Stluka seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. DISBURSEMENTS. - 11.A. Consider final payment to Benchmark Electric and International Industrial Consultants , -I nc. for the Police Station Imo mements in Herita e Woods in the amaunt of $15.000. 11.B. Consider payment to Fisher Hagood and Heil Inc for en ineerin. services for the Creekbend Boulevard Extension in the amount of $2,420.00. 11.C.—Consider disbursement of oversize reimbursement to Plantation Section 1 in the amount of $18,824.00. 11.D Consider a ment to H.B. Travis Constructors Inc. for renovation of the Palm House in Old Settlers Park at Palm Valley in the amount of $9,068.00. MOTION: Councilman Stluka moved to approve the disbursements. Councilman Palmer seconded the motion. 12 April 22,1993 VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: Mone ACTIQN: The motion carried unanimously. NEW BUSINESS: None OLD BUSINESS: None CITY MANAGER'S REPORT: Bob Bennett noted that a Special Called City Council meeting will need to be held on April 27, 1993 at 6:00 p.m. for the 2nd public hearing for Rolling Prarie and Oak Bluff Estates, Section 3 annexations. CQUNCIL COMMENTS: Councilman Stluka requested a two day planning session the latter part of August to discuss 1) the preliminary budget figures for next year, 2) the status, projection and update on the infrastructure in relationship to growth, and 3) G.Q. Bond issues. Councilwoman Chavez requested that the Visitors Center sign on the Southbound IH -35 frontage road be moved in order to provide better directions to the Center. Vining said he would once again visit with the Highway Department to express the City's concern on the location of the sign.. ADJOURNMENT: There being no further business, the meeting adjourned at 8:00 p.m. Respectfully Submitted, s J e Land, Assistant City Manager/ City Secretary 13 April 27,1993 The Round Rock City Council met in Special Called Session on Tuesday, April 27,1993 at 6:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Mike Robinson, Mayor Pro -tem jimmy Joseph, Councilman Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer and Councilwoman Martha Chavez. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. PUBLIC HEARINGS: 3.A. Consider public testimony regarding the proposed annexation of 58.97 acres of land (,proposed Rolling Rock Subdivision). Mayor Robinson opened the public hearing. Linda Neely, 1350 Johnson Lane, stated her concern was with the compatibility of the proposed subdivision to her property since she has a horse barn situated approximately 25 feet from the boundaries of the proposed subdivision. The barn which faces south fronts the subdivision. She has a horse, barbed wire fences, and a barn. She has met with the developer to acquire undeveloped land and could not come to an agreement on the adjacent land to provide a buffer to her property. This proposes a liability for her since the developer said he would not provide a park for the subdivision and, therefore, her property would be an attractive place for children to play. Several landowners adjacent to the proposed annexation have swimming pools. Another concern is the ingress and egress to the subdivision. Neely requested access across Mokan to Gattis Elementary School. Mayor Robinson clarified that the Mokan right-of-way could be used as a temporary play area and the area should not be considered "a park." Mayor Robinson asked staff to provide an overlay of the area which shows future parks to the Council at the last public hearing. 3.B. Consider public testimony regarding the proposed annexation of 30.7059 acres of land (proposed Oak Bluff Estates Section 3h Mayor Robinson opened the public hearing. There being no public testimony, the public hearing was closed. ADJOURNMENT: There being no further business, the meeting adjourned. at 6:32 p.m. Respectfully Submitted, �-- t.C,�' l'� 1�L[�. a Jo]Me Land, Assistant City Manager/ City Secretary 14 May 13,1993 The Round Rock City Council met in Regular Session on Thursday, May 13, 1993 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Mike Robinson, Mayor Pro -tem Jimmy Joseph, Councilman Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer and Councilwoman Martha Chavez. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES' Regular Session April 22, 1993; Special Called Session A ril 27 1993 MOS Mayor Pro -tem Jospeh moved to approve the minutes as submitted. Councilman Stluka seconded the motion. VOTE. Ayes: Noes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson None ACTION. The motion carried unanimously. CITIZENS COMMUNICATIONS: None CANVASS MAY 1 7993 CITY COUNCIL ELECTION: Mayor Robinson asked Councilman Morgan, Councilman Stewart and Joanne Land to recess and canvass the May 1, 1993 City Council election votes. DECLARE MAY 1 1993 CITY COUNCIL ELECTION RESULIS OFFICIAL: Councilman Morgan reported the results of the canvass. Mayor John McBeth - 318 votes Charles Culpepper - 1917 votes (winner) Jerry Lyle - 389 votes Place 1 15 May 13,1993 :Robert Stluka - 1987 votes (winner) Place 4 Earl Palmer - 1992 votes (winner) Total Votes Cast - 2659 MTION: Councilman Stewart moved to declare the May 1, 1993 election results official. Councilman Morgan seconded the motion. VOTE: Ayes: Noes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayer Robinson None ACTION; The motion carried unanimously. PR(7CLAMATIONS: 7.A. Consider a proclamation proclaiming May 16 1993 as "Xenia Voigt Day." Mayor Robinson read the appropriate proclamation which will be presented to Miss Voigt on Sunday, May 17th at Voigt Elementary during a celebration in her honor. S.A. Com siderrecd ition of Superior Water System rating and of Water System ,personnel. Jim Nuse made the staff presentation. The City of Round Rock has been recognized as operating a "Superior" water system by the Texas Water Commission. Nuse introduced Jane R. Montgomery, field investigator, with the Texas Water Commission Water Utility Division. Ms. Montgomery congratulated the Council and employees of the Water Department on the fine job that is being done. The Superior rating replaces the former Approved owed status which the City has held for many years and signs reflecting the new status will replace the former signs. PRESENTABQ©! S: 9.A. Consider a presentation concerning major roadway projects in the southeast quadrant. Joe Vining made the staff presentation. He outlined three 16 May 13,1993 major roadwayprojects that would have an impact on the City in the future. The proposed projects are located south of US 79 and east of IH -35. They are: 1. Gattis Scho-01.- :jad - The area around this roadway has the strongest growth potential in the City. This road will have a tremendous effect on existing and proposed development. 7. Covxity Road 1.22 - This roadway will be a four lane urban section that will extend from US 79 to County Road 170 and would relieve traffic in that area and the area of Gattis School Road. 3. Mokan - This roadway will be a Highway Department District 14 project for which funding has been set aside for its construction. Vining concluded that these projects are important links in the City and "we need to stay ahead of the growth." 9.B. Consider a presentation concerning the construction of Fire Station No. 4 on Gattis School Road. Lynn Bizzell made the staff presentation. The proposed fire station will be located at the intersection of Gattis School Road and Rusk Drive. Bizzell described the'area which would be served by this fire station. He added the City would eventually establish seven fire districts, one station in each district, to serve the entire City at its maximum development. Population of an area is one major factor in setting up a fire district. Bizzell outlined the time schedule for the construction of Fire Station No. 4. He added Station No. 4 would be built like Station No. 3 with minor modifications to the design. The major cost of the proposed station is manpower, equipment and maintenance of the equipment. The continual operating cost of the station would be $350,000 a year. Mayor Robinson noted it was the concensus of the Council that the Fire Station needed to be constructed and operating sooner than the proposed April, 1994 date. 9.C. Consider a presentation by the Round Rock Chamber of Commerce Tourism Committee. Janice 1'w'IcKennon, Chairman of the Tourism Committee, made the presentation to the Council. The Tourism Committee of the Round Rock Chamber of Commerce investigated and developed an advertising program to target Winter Texans. The program will consist of directional billboards located approximately 50 miles north of Round Rock on 1H-35 indicating sightseeing and 17 May 13,1993 shopping in Histroic Found Rock and television commercials to be broadcast from October to February in the Rio Grande Valley. McKennon outlined details of the program. She added the Senior Citizens Center will be helping in this project. The Tourism Committee requested $32,880 of Hotel/Motel Tax Funds to accomplish the project. Televison time - $18,480 Billboards - 14.440 TOTAL $32,880 9.D. Consider a presentation concerning the purchase of the Round Rock Water Supply Corporation that services Oak Bluff Estates. James Sadlo, Director of the mound Rock Water Supply Corporation, explained that the appraisal of the water system was not completed due to excessive cost and an. accurate cost/value could not be determined. He outlined the Summary of the Agreement for the Purchase and Sale of the Water and Sewer Systems for the Round Dock Water Supply Corporation as prepared by the Water Corporation. (See Attachment "A") The Council questioned several points of the agreement. Councilman Stluka expressed his concern with the termination date of May 20,1993. Councilman Morgan expressed his concern that an appraisal was not completed. He added that during negotiations between the City staff and the Board it was expressed that the Board would not consider selling the Corporation without an appraisal. The appraisal would only need to be on the value of the system and would not need to include a rate study. There was discussion concerning the outstanding, existing lien/note that the RTC holds against the Corporation. Sadlo noted the Corporation has not been paying on the existing note because the owner is unknown and no one has requested payment. Mayor Robinson asked Sadlo to contact Jerry Torgeson of Gibraltrar Savings who could possibly help him identify who owns the note. This note would need to be addressed prior to the Council acting on this issue. John T. Jones, Jr., President of the Board of Directors, addressed the Council and offered more input on the existing note/debt. The Board will contact Mr. Torgeson. According to Jones, no one has attempted to contact the Board. Jones May 13,1993 stated, "If we just make it a cash deal then it would be our problems to clear the liens at the end of the deaf. You would not be having to worry about the debt, we would turn over the system �,to you free and clear." There was no further discussion of this issue. out of the David Cure Surv!Qy, Abstract No. 130 Round Rock Williamson County, Texas as Reinvestment Zone No Six for commercial /industrial tax abatement. i (Micro -Bac International, Inc.) Phil Brewer, President of the Round Rock Chamber of Commerce, made! the presentation to the Council. He asked for the Councils approval on the creation of reinvestment zone No. 6 for tax abatement. If the Council approves the tax abatement, then Micro -Bac International can relocate to Round Rock and build a new two-story research and manufacturing facility of approximately 30,000 sq. ft. at 3200 N. IH 35., with improvements estimated at $700,000. Micro -Bac is an international company that manufactures individual product lines specially designed for applications related to petroleum production, food processing, agriculture, wastewater, and hazardous waste problems. Each of Micro -Bat's microbial strains meet three basic product standards: they are non- pathogenic; they arie riot derived by recombinant DNA technology (genetically i engineered); and they are physically and environmentally safe to use. Brewer outlined the econorrtic impact statement prepared by Perryman Consultants. The property is located Ion the northwest side of IH -35 and east of Chisholm Trail. Brewer concluded hl is presentation by recognizing two representatives of Micro -Bac, Larry Hill and Dennis Schneider. Mayor Robinson opened the public hearing. There being no public i testimony, the public hearing was closed. ORDINAN S: Curry Survey, Abstract No. 130 Round Rock Williamson Cgunty, Texas as Mayor Robinson read the caption of the ordinance. u City Council Minutes May 13, 1993 Attachment "A" SUMMARY OF AGREEMENT FOR PURCRASE AND SALE OF WATER AND SEWER SYS'T'EMS Seller: Purchaser: Effective Date of Contract: Closing Date of Contract: System includes: Round Rock Water Supply Corporation City of bound flock May 20, 1993 December 31, 1993 All water distribution and sewer collection lines, storage and pressure tanks, pumphouse, wells, .lift stations, easements, force mains, and other miscellaneous equipment, parts, etc., and including Lot 29, Block A, Oak Bluff Estates, a subdivision in Williamson County, Texas. The intent of the parties being to transfer all of the assets of the corporation except its cash assets, which will be distributed on liquidation to its members Sales Price: Three Hundred Seventy -Three Thousand. And No/100 Dollars ($373,000.00) The sales price was determined based on the Corporation's costs in the following assets as of December 31, 1992: Lot 29, Black A, Oak Bluff Estates: $39,206.50 Recoverable Assets: Well & Equipment: $155,4.98.16 Accum Deprec. -42,426.67 Pump House: 17,439.00 Accum Deprec. -4,966.57 Manville Ext Line: 13,388.11. Lift Station: 72,034.80 Accum Deprec: -21,310.30 Force Main: 99,307.50 Accum Deprec: -29,378.49 260,585.44 Water Distribution and 'Sewer Collection: Water Distribution: $528,746.55 Accum Deprec. -164,131.76 Sewer Collection: 533,995.79 Accum Deprec. -165,761.19 Total Depreciated Value: 732,849.49 Ten Percent (10%) of Water Distribution & Sewer Collection Lines: 73,284.90 Total Sales Price: 373,076.84 Debt Obligations to be Laid or Assumed: $328,164.03 Seller reserves the right to require Purchaser to pay cash at or prior to closing. If Purchaser pays cash, system to be transferred free and clear of liens. N Round Rock Water Supply Corporation Will: 1. Will deliver to Purchaser and such other information operate the system. Council Minute Attachment "A" Page 2 all "As Built" plans of the system as will be reasonably required to 2. Will at or after closing complete all water and sewer taps even if such work cannot be completed prior to closing; or if taps are paid, but no immediate request for hookup then to deliver the fees for such taps to the Purchaser and Purchaser agrees to complete such work for such fee. City of Round Rock Will: Be responsible to securing and connecting the system to an alternative source of water by the time the system has 250 connections.. 2. Any water used from the alternative source prior to closing will be at a rate equal to the lowest rate charged by the Purchaser to any other customer of the Purchaser. 3. Reduce the sewer rate the Seller is currently paying to the "in City rate" that the City currently charges is customers inside the city limits. 4. `takeover and maintain all fire hydrants within the system. 5. Not impose any backcharges or surcharges against the residence or any other fees or charges which are not charged to any other resident or citizens of the City of Round Rock. G. Not require any resident currently connected to an existing septic tank which is in "good working order" to connect to the sanitary sewer until such septic fails; at which time resident will be connected to sanitary sewer system without any cost or charge for capital recovery fees or tap fees. Approvals The Agreement is subject to the following approvals being secured within 30 days of the "Effective Date," to -wit: 1. Approval by the City Council of Round Rock; and, 2. Approval by the general membership of Round Rock Water Supply Corporation at a duly called Special Meeting of the Membership; and, 3. After securing the above approval, but within .120 days before. closing date securing the prier consent and approval of the Texas Water Commission. Note: From page 9 of 9 Agreement: "For the purposes of this Agreement the "Effective Date: is: May 20, 1993". r !'..�i f' �� ^�, �� 19 May 13, 3993 ORDINANCE NO. AN ORDINANCE DESIGNATING 9.663 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO.. 130, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS REINVESTMENT ZONE NO. SIX FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT, CITY OF ROUND ROCK, TEXAS, ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO. MOTION: Mayer Pro -tem Joseph moved to adopt the ordinance. Councilman Stluka seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Stluka moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. Item 11.B. was moved under Resolutions for action. 1I.C. Consider an ordinance amending the Industrial Waste Ordinance. First Reading) Kim Lutz, Environmental Services Superintendent, made the staff presentation. The City of Round Rock has the following sewer surcharge rates in place: 20 May 13,1993 BOD (Biochmeical Oxygen Demand) - $2.00/lb TSS (Total Suspended Solids) - $2.50/lb COD (Chemical Oxygen Demand) - $1.25/lb Staff recommended that the City lower these rates to $0.27/lb for BOD, TSS and COD, which reflect the actual treatment costs. Mayor Robinson read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.412(2)(B), CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, TO DECREASE THE CHANGE PER POUND OF BUD, TSS AND COD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro -tem Joseph moved to adopt the ordinance. Councilman Stluka seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Stewart moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilm+embers present. Mayor Pro -tem Joseph seconded the motion. VOTE: Ayes: Noes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson None 21 May 13,1993 ACTION: The motion carried unanimously. 11.D. Consider an ordinance to update the. National Electrical Code. First Reading) Jerry Wanslow, Chief Electrical Inspector, made the staff presentation.The National Electric Code is updated every three years. Adoption of this ordinance will bring the 1993 NEC into effect. It is one of the best codes that has been written in years working staff is presently working under the 1990 Code. Wanslow added that this ordinance would also delete the requirements of a band. Mayor Robinson read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 3, SECTION 3.901(2) TO ADOPT THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE; AMENDING SECTION 3.901(7) TO AMEND REFERENCES TO THE 1990 EDITION TO THE 1993 EDITION; AMENDING SECTION 3.905(1) TO DELETE REFERENCE TO SURETY BOND; REPEALING SECTION 3.906(8) TO ELIMINATE THE REQUIREMENT FOR A BOND; REPEALING SECTION 3.906(12); PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro -tern Joseph moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Noes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson None ACTION: The motion carried unanimously. MOTION: Mayor Pro -tem Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmenbers present. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer 22 May 13,1993 Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION; The motion carried unanimously. RESOLQTIONS: 1 LB. Consider an ordinance giving notice of intent to issue C.O."s Series 1993 for Gattis School Road Improvements. (First Reading). Bob Bennett made the staff presentation. The issuance of $3 million of Certificates of Obligation (C.O.) will allow the City to construct Gattis School Road to urban standards. Because the City is in the process of refinancing $24,460,000 of General Obligation (G.O.) debt, this issuance can be attached to the refinancing issue and save $25,000 while quickly providing capital construction funds. More importantly, issuance of C.O."s will allow the City to construct Gattis School Road to a standard that can safely accommodate a rapidly growing area. It is anticipated that the growth in the area will offset this debt. In fact, construction of this road can be viewed as a public investment that will direct growth to an area where the water and sewer utility was built with private development dollars. George Janning of First Southwest Company, Financial Advisor for the City, stepped forward and supported this decision. Mayor Robinson read the caption of the ordinance. RESOLUTION NO. RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF ROUND ROCK, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLI{GA.TION, SERIES 1993 AND OTHER MATTERS RELATED THERETO THE STATE OF TEXAS §J CITY OF ROUND ROCK § WHEREAS, the City Council (the "Council") of the City of Round Rock, Texas (the "City") finds that the payment in whole or in part of contractual obligations to be incurred for: (1) the construction of improvements to the street, bridge and road system of the City including Gattis School Road and (2) the payment of professional services for legal, fiscal and engineering fees in connection therewith (the "Contractual Obligations) would be beneficial to the inhabitants of the City and are needed to perform essential City functions; and WHEREAS, the Council has deemed it advisable to give notice of intention to issue certificates of obligation in a maximum principal amount not to exceed $3,000,000 (the "Certificates") pursuant to the provisions of the Certificate of 23 May 13,1993 Obligation Act of 1971, Section 271.041 et seq., Local. Government Code (the "Act"") for the purpose of financing the Contractual Obligations; and WHEREAS, prior to the issuance of the Certificates, the City is required under the Act to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, the notice stating: (i) the time and place tentatively set for the passage of the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount and purpose of the Certificates to be authorized, and (iii) the manner in which the Certificates will be paid; and WHEREAS, the meeting at which this Resolution is adopted was open to the public and public notice of the time, place and purpose of the meeting was given, all as required by Article 6252-17, Vernon"s Texas Civil Statutes, as amended. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 1. Attached hereto is a form of the Notice of Intention to issue the Certificates, the form and substance of which is hereby adopted and approved. 2. The City Secretary or other authorized representative of the City, shall cause the notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the City, on the same day in each of two consecutive weeks, the date of the first publication to be at least 1.4 days prior to the time set for the ordinance authorizing issuance of the Certificates as shown in the notice. 3. This Resolution shall become effective immediately upon adoption. The Mayer and City Secretary are hereby authorized and directed to execute the certificate. MOTION: Mayor Pro -tem Joseph moved to adopt the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. 12.A. Consider a resolution authorizing the Mayor to enter into a contract with RTG Partners for Civic Center feasibility study-. Joe Vining made the staff presentation. On December 15, 1992 the Civic Center Task Force requested permission to acquire a feasibility study for a Civic Center, which was granted by Council on December 22, 1.991 Staff reviewed the proposals submitted for this study and recommended that the Council award the contract to R.TG Partners. Funds would come out of the Hotel/Motel Tax Budget. Mayor Robinson read the following resolution. 24 May 13,1493 RESOLUTION NO. WHEREAS, the 1992 Civic Center Task Force of Round Rock, Texas, has determined there is a need for a multi-purpose facility in Round Rock, and WHEREAS, the Task Force has identified the need to maximize the benefits of tourism by establishing a multi-purpose facility that will be able to accommodate conventions, meetings and artistic events, and WHEREAS, the Task Force has recommended that a study be performed to determine the feasibility of said multi-purpose facility, and WHEREAS, funds are available through the hotel/motel tax revenue account for said feasibility study, and WHEREAS, requests for proposals to perform the feasibility study have been received and evaluated, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized to sign on behalf of the City of Round Rock, Texas, a contract with RTC Partners to perform the feasibility study on a multi-purpose facility. RESOLVED this May 13,1993. MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary M+QTION: Councilman Stluka moved to approve the resolution. Councilman Morgan seconded the motion. VQTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. 12.B. Consider a resolution authorizing the Mayor to enter into an agreement with Gadget Repair & Custom Circuit DesiWj for computer equipment in the Public Works Department. Jim Nuse made the staff presentation. Two bids were opened on April 13, 1993, for the purchase of three microcomputers. Staff recommended the acceptance of Michael Choate, Gadget Repair and Custom Circuit Design bid of $5,850 for three "Compudyne 486DX33" computer packages. Mayor Robinson read the following resolution. RESOLUTION NO. 25 May 13,1993 WHEREAS, the City of .mound Rock has duly advertised for bids for the purchase of computer equipment for the Public Works Department, and WHEREAS, Gadget Repair & Custom Circuit Design has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Gadget Repair & Custom Circuit Design, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Gadget Repair & Custom Circuit Design is hereby accepted as the lowest the best bid and the purchase of said computer equipment is hereby authorized. RESOLVED this 13th day of May, 1993. MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTIQN: Councilman Stewart moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem ,Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. 12.C. Consider a resolution authorizing the Mayor to enter into a contract for repainting the McNeil Road Water Tank. Jim Nuse made the staff presentation.Ten bids were received for the McNeil Road Water Tank repainting on May 4, 1993. The low bid was not opened and read aloud at that time. That bid was sent to the City via Federal Express and was not marked as a bid on the envelope. Staff recommended that N.G. Painting, Inc. be awarded the bid at $77,000. The improvements will include a chemical peel process and painting. Mayor Robinson read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for repainting the McNeil Road Water Tank, and WHEREAS, N.G. Painting, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of N.G. Painting, Inc, 26 May 13,1993 Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with N.G. Painting, Inc. for repainting the McNeil Road Water Tank, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 13th day of May, 1993. MIKE ROBINSON, Mayor City of bound Dock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tem Joseph moved to approve the resolution. Councilman Palmer seconded the motion. Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. 12.D. Consider a resolution desig_nating$150 000 of General Fund balance for park improvements to Old Settlers Park at Palrn Valley. Bob Bennett made the staff presentation. He noted that Mayor Pro -tem Joseph and Mayor Robinson asked that $150,000 be set aside from the Glenn Neans settlement to be used for capital facility improvements in the city parks by youth sports associations. It is anticipated that the youth associations will submit project funding requests to the PARD Director, who will in turn submit budget item requests to the Council for approval, modification or disapproval. Hopefully, this money will be used in concert with youth league money to make substantial improvements in the park. This fund will pertain to recreation in ,general. Mayor Robinson read the following resolution. RESOLUTION NO. WHEREAS, the City`s parks system is in need of various improvements, and WHEREAS, the City Council wishes to designate $150,000 of the General 27 May 7.3,1993 Fund Balance to fund future park improvements, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That $150,000 out of the General Fund Balance is hereby designated for future improvements to the City's parks system. RESOLVED this 13th day of May,1993. MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tem Joseph moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Noes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tern Joseph Mayor Robinson None ACTION: The motion carried unanimously. APPOINTMENTS: None DISBURSEMENTS. 14.A. Consider payment to Captex Development Company for golf cart crossings at Forest Creek Golf Course in the amount of $14,412.00. 14.B. Consider payment to Chasco Contracting for the Lake Creek Drive Drainage Improvements in the amount of $9.634.00.. 14.C. Consider_ payment to Fisher, Hagood, and Hol. Inc. for engineering services for the Creekbend Drive extension in the amount of $9,075.00. 14.D. Consider payment to Round Rock Construction for the Onion Creek Watershed Regional Detention project in the amount of $75.753.00. MOTION: Councilman Stewart moved to approve the disbursements. Councilman Morgan seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan May 13,1993 Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Robinson Noes: None ACTION: The motion carried unanimously. NEW BUSINESS: None OLD BUSINES : None CITY MANAGER'S REPORT: Bob Bennett congratulated David Smith, the new Fire Captain and Mark Remmert, the new Chief Building Official on their promotions. COUNCIL CQMMENTS: Councilman Morgan welcomed Micro -Bac and noted he was pleased with the Council's decision concerning Gattis School Road. In response to Councilman Morgan's question Bennett said sidewalks would be included in the Gattis School Road improvements. Councilman Palmer brought a brief history lesson to the Council concerning a previous local newspaper editor. At Mayor Robinson's request, Dave Kautz briefly went over the new cycle water billing procedures. ADJOURNMENT: There being no further business, the meeting adjourned at 8:49 p.m. Respectfully Submitted, J anne •fl.V 1' tJ r" --"w' r C✓L/ ISG. Land, Assistant City Manager/ City Secretary 29 May 20,1993 The Round Rock City Council and the Capital Improvements Advisory Committee met in a joint Special Called Session on Thursday, May 20, 1993 at 7.00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Pro -tem Jimmy Joseph, Councilman Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez, Commissioner George Gill, Commissioner Tom Green, Commissioner Dianna Kocurek, Commissioner Ron Anderson, Commissioner James Dunham, Commissioner Bob Belanger, Commissioner Al Kosik, and Commissioner John Moman. Mayor Robinson and Commissioners Mike Moore, Glen Pierce, and David Foch were absent. Mayor Robinson was out of town on City business. Also present were Joe Vining , Director of Planning and Community Development, staff Planners Hugh Bender and Paul Gambrel, and Charlie Crossfield from the City Attorney's Office. PUBLIC HEARING: 3A. _Consider public testimony on the adoption of a capital improvements plan, land use assumptions and impact fees. Joe Vining made the staff presentation. Vining briefly outlined the Land Assumption Report and Impact Fees. Staff recommended that the fees should remain the same even though the report proved the fees could be increased. Mayor Pro -texas Joseph opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: 4A. Consider an ordinance a ftting_a_ -capital plan, land use assumptions and impact fees.(First Reading) Mayor Pro -tem Joseph read the caption of the ordinance.. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.204, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING SECTION 10.204 (2) TO RE -DEFINE LIVING UNIT EQUIVALENTS RELATIVE TO WASTEWATER PRODUCTION; BY ADDING A NEW SECTION 10.204(9) ADOPTING A CAPITAL IMPROVEMENT PLAN, LAND USE ASSUMPTIONS AND IMPACT FEES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 30 May 20,1993 MOTION: Councilman Stewart moved to adopt the ordinance. Councilman Stluka seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Noes: None Absent: Mayor Robinson ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 7:10 p.m. Respectfully Submitted, ?(-*� falYLOL JTa ne Land, Assistant City Manager/ City Secretary 31 May 27,1993 The Round Rock City Council met in Regular Session on Thursday, May 27, 1993 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Mike Robinson, Mayor Pro -tem jimmy Joseph, Councilman Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Mayor -Elect Charles Culpepper. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: Regular Session May 13, 1993; Special Called Session May 20,1993 MOTION: Mayor Pro -tem Joseph moved to approve the minutes as submitted. Councilman Stluka seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayer Robinson Does: None ACTION: The motion carried unanimously. SWEAR IN NEWLY ELECTED MAYOR AND COUNCILMEMBERS: Councilman Robert Stluka was sworn into office as, Councilman, Place 1 by District Judge John R. Carter. Councilman Earl Palmer was sworn into office as, Councilman, Place 4 by District Judge John R. Carter. Mayor -elect Charles Culpepper was sworn into office as Mayor, by District judge William S. Lott. As Mayor Culpepper, Councilman Stluka, and Councilman Palmer assumed their places on the dial they received a round of applause by Council, staff, and members of the audience. 32 May 27,1993 Mayor Culpepper, Councilman Stluka, and Councilman Palmer each thanked their families for their support and gave a brief speech of thanks to their supporters. At this point former Mayor Robinson was presented with his name plate, a 15 -year service pin, a plaque listing the years he served with the City, his gavel and sounding block which was framed for him, a quail unlimited edition rifle from the Council and staff, and a pen set from the City employees. Mayor Robinson received thanks and good luck wishes from the Council, staff and individuals in the audience. Mayor Robinson thanked the Council, staff, employees and citizens for all the support he received during his term in office. Mayor Culpepper called for a recess so former Mayor Robinson could receive thanks and good luck wishes from the Council, staff and individuals present at the meeting. Mayor Culpepper called the meeting back to order. CITIZENS COMMUNICATIONS 5.A. Introduction of new Building Official. Jim Nuse introduced Mark Remmert, a four year City employee, as the new Chief Building Official. Remmert will fill the position vacated by Herman Williams who retired. Remmert thanked everyone and said he looked forward to working with the Council and if there was anything the Building Inspection Department could do for them to just let him know. 5.B. Introduction of New Fire Department Captain. Lynn Bizzell introduced David Smith, former Fire Department Lt., as the new Fire Captain. This position was vacated when Captain Bruce Watson relocated to another city. Captain Smith has been with the City for about 10 years. Captain Smith thanked the Council and said he looked forward to working with the Council and if there was any need for the Fire Department's help to let him know. Councilman Palmer offered a brief history note from the school directory of Trinity Lutheran College which described Round Rock in 1900. 33 May 27,1993 PROCLAMATIONS: None PRESENTATIONS: 7.A. Consider a presentation by the Municipal Court Judge_Dan McNery. Judge McNery provided the Council with a report of statistics relating to the activities of Municipal Court. A new Citizen Complaint Packet and Traffic Citation/ Complaint forms were developed and are being used. McNery also informed. the Council that he was appointed to the Williamson County Bail Bond Board. That Board is responsible for the licensure and regulation of bail bondsmen within Williamson County. 7.B. Consider a presentation of the quarterly report b the Environmental Advisory Board. Jim Nuse informed the Council that Dianne Kocurek, Chairman of the Environmental Advisory Board, was present to offer a highlight of activities of the Board. Kocurek introduced members of the Board who were present for the meeting. She noted the Board has been working on the following activities. 1.) Waste Oil grant applicaiton 2.) Curbside recycling 3.) Environmental Award application from the Clean Texas 2000 - Round Rock was not chosen. 4.) The Board has made connections with the Round Rock High School Environmental Club and they did survey from high school students concerning curbside recycling. - The Council will receive a report of that survey. 5.) The Round Rock Leader has agreed to give thein time, space, and support to establish a monthly column. - The Board has not begun this project. b.) An information center will be established and will be located in the Round Rock Library. 7.) Work has begun concerning quarterly seminars on environmental issues which will be open to the public. The Board has reviewed the general plan the Environmental Task Force developed and will be addressing many of the issues in the plan which includes protective 34 May 27,1993 zoning around creeks, issues concerning the Edwards Acquir and potential contamination of such, composting both backyard and the City's bio -solids from the wastewater treatment plant and xeroscape issue. The Council thanked the Board for all the work they are doing. 7.C. Consider a presentation concerning the Senior Citizen Water Wastewater rates. Robert Griffith, Chairman of the Found Rack Advisory Board for the Aging, gave the Board"s recommendation in response to the Council's request for the Board to review the City"s current practice of providing discounted water, wastewater and garbage rates to senior citizens aged 65 and older. The Board's recommendation is based upon the following observations: A survey of comparable cities revealed that other cities do not offer utility discounts. Of the cities surveyed, it was also discovered that Round Rock's normal, non - discounted rates for water and wastewater are lower. The Round Rock city attorney advised that discounted utility rates which are not cost -based, but based only upon age, are not legally supportable. Population figures indicate that the number of people reaching age 65 will increase dramatically in a few years. Based upon the above review, it is the opinion and recommendation of the Board that, effective (date set by Council), no discounted water, wastewater or garbage rates are to be offered. However, the Board recommended that those customers eligible to receive the discount prior to (date set by Council), be allowed to continue as such. Additionally, the Board recommended that the current discount program offered to persons eligible for Medicaid be continued. Furthermore, Griffith added that it is the Board's hope that utility customers in need of financial assistance can find help through new programs and existing programs offered by the United Way and other local agencies. Resources that the community can provide in the form of contributions along with utility payments will be helpful toward making the programs successful. 7.D. Consider a presentation by Texas Utilities Electric Company concerning a revision of the franchise ordinance. Eddie Ferguson of Texas Utilities Electric Company made this presentation. 35 May 27,1993 As part of TU Electric's commitment to fairness to the cities it serves, the company plans to offer an additional 1% of its gross revenue from retail electricity sales for franchise payment to those cities that it currently pays 3%, to bring them to the level it compensates the City of Dallas. Prior to the merging of Texas Power & Light, Texas Electric Service, and Dallas Power & Light to form TU Electric, the City of Dallas was paid a 4% franchise fee, while the cities served by the other companies were paid 3%. The commitment was made at that time, that when the Dallas franchise was renegotiated, all of the TU Electric cities would be treated consistently. TU Electric has paid the City of Dallas 4% of its gross revenues from retail sales of electricity since the first franchise was granted in 1917. If the Council approves this will become effective June 1, 1993. PUBLIC HEARINGS: 8.A. Consider public testimony regarding the request filed by Randy Morine Heritage Prol2ertiea, Ing -to zone 30.7059 acres of land out of the Robert McNutt League, Abstract 422, Williamson County, District 5F-1 (single Family --Large Lot) original zoning. Pro used Oak Fluff Estates Section 3j Joe Vining made the staff presentation. This property is located on the east side of County Road 122 and north of the Forest Creek Subdivision and west of Oak Bluff Estates Phase 3. Staff recommended SF -1 zoning for this tract. Mayor Culpepper opened the public hearing. There being; no public testimony, the public hearing was closed. 8.B._ Consider public testimony regarding,the request filed by S,pringbrook Dint Venture to zone 68.81 acres of land out of the P.A. Holder Survey, Abstract No. 297 Williamson County District SF -2 (Single Famil -Standard Lot original zoning. (Proposed RQUing Ridge Subdivision.) Joe dining made the staff presentation. This property is located on the north side of Gattis School Road and the east side of the proposed SH 130 (Mokan). Staff recommended SF -2 original zoning for this tract. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCE5: 9.A. Consider -an. ordinance adopting a capitalixnproKernent5 plan,land use assumptions and impact fees. (Sgcond reading.) Joe Vining made the staff 36 May 27,1993 presentation. Staff recommended: 1.) A change in the way the City calculates the wastewater L.U.E. amount. This pertains to changing the gallons used per day from 300 to 350. 2.) Adoption of the CLP program for the major water and wastewater projects for the 10 year study period. 3.) The updated landuse assumptions that went into the study to account for this amount of fees. 4.) The fees that we have been charging shall remain the same which are $1345 for water and $1250 for wastewater. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.204, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING SECTION 10.204(2) TO RE -DEFINE LIVING UNIT EQUIVALENTS RELATIVE TO WASTEWATER PRODUCTION, BY ADDING A NEW SECTION 10.204(9) ADOPTING A CAPITAL IMPROVEMENT PLAN, LAND USE ASSUMPTIONS AND IMPACT FEES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro -Tem Joseph moved to adopt the ordinance. Councilman Stluka seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.B. Consider an ordinance on the proposed annexation of 30.7059 acres of land (mroposed Oak Bluff Estates Section 3). First Readin . Mayor Culpepper read the caption of the Ordinance. ORDINANCE NO. 3? May 27, x.993 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED, PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilman Stluka moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.C. Consider an ordinance on the ro ed District F-1 (Single Family- Large amil Lar e Lot ori final zoning of 30 705.9 a9 acres of landro osed Oak Bluff Estates Section 3). (FirstReadingg.) Mayor Culpepper read the caption of the ordinance. W1 on MA ut May 27,1993 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS, ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES(1990 EDITION) CITY OF ROUND ROCK, TEXAS, AND MAKING THISAMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 30.7059 ACRES OF LAND MORE OR LESS OUT OF THE ROBERT MCNUTT LEAGUE SURVEY, ABSTRACT NO. 422, ROUND ROCK, WTLLIAMSON COUNTY, TEXAS, AS DISTRICT SF -1 (SINGLE-FAMILY LARGE LOT). MQTIQN: Mayor Pro -tem Joseph moved to adopt the ordinance. Councilman Stluka seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Stewart moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Mayor Pro -tem Joseph seconded the motion. VOTE: Ayes: Noes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper None ACTION: The motion carried unanimously. 9.D. Consider an ordinance amending the Texas Utilities Electric Company franchise ordinance. (First Reading.) Mayor Culpepper read the caption of the ordinance. 39 May 27,1993 ORDINANCE NO. AN ORDINANCE AMENDING THE EXISTING FRANCHISE BETWEEN THE CITY AND TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND DECLARING AN EMERGENCY. MOTION: Mayor Pro -tem Joseph moved to adapt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MQTION: Mayor Pro -tem Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilrnembers present. Councilman Palmer seconded the motion. VOTE: Ayes: Noes Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper None ACTION: The motion carried unanimously. 9.E. Consider an ordinance on the proposed annexation sof 58.97 acres of land (proposed Rollin.. Ridge Subdivision). First Reading. Mayor Culpepper read the caption of the ordinance. May 27,1993 ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilman Morgan moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Palmer moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Morgan seconded the motion. VOTE: Ayes: Noes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper None ACTION: The motion carried unanimously. 9.F. Consider an ordinance on the proposed District SF -2 (Single Family - Standard Lot), original zoning of 68.81 acres of land (proposed Rolling Ridge 41 May 27,1993 Subdivision). First Reading.) Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITE' OF ROUND ROCK, TEXAS, ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1990 EDITION) CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 68.81 ACMES OF LAND MORE OR LESS OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF -2 (SINGLE-FAMILY STANDARD LOT). MOTION: Councilwoman Chavez moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Stewart moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Morgan seconded the motion. VOTE: Ayes: Noes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper ACTION: The motion carried unanimously. RESOLUTIONS: 42 May 27,1993 1Q.A. Consider a resolution authorizing the Mayor to enter into a_ tax abatement agreement with Micro -Bac International. This agreement will provide a phased three year tax abatement to Micro -Bac International who is relocating to Round Rock. This abatement agreement is between Micro -Bac and the City of Round Rock only. Micro -Bac International will be constructing a new two -story research and manufacturing facility of approximately 25,000 sq. ft. at 3200 N. IH 35. These improvements are estimated at $1,000,000. TOTAL ABATEMENT OVER 3 YEARS: 11,246.22 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City Council of Round Rock, Texas, on the 13th day of May, 1993 in Ordinance No. G -93-05-13-11A created the Reinvestment Zone No. Six, City of Round Rock, Texas, and WHEREAS, in accordance with the Property Redevelopment Tax Abatement Act, Chapter 312, Tax Code of the State of Texas, as amended, the City desires to enter into a tax abatement agreement with Micro -Bac International regarding the property located in said Reinvestment Zone, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized to sign on behalf of the City the Tax Abatement Agreement attached hereto and incorporated herein for all purposes. RESOLVED this 27th day of May, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tem Joseph moved to adopt the resolution. Councilman Stluka seconded the motion. VOTE:- Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez REAL ABATEMENT CITY ABATEMENT YEAR. EMPLOYEES PROPERTY PERCENTAGE AD VALOREM 0.62479 1995 21 1,000,000.00 90% 5,623.11 1996 24 1,000,000.00 60% 3,748.74 1997 27 1,000,000.00 30% 1,874.37 TOTAL ABATEMENT OVER 3 YEARS: 11,246.22 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City Council of Round Rock, Texas, on the 13th day of May, 1993 in Ordinance No. G -93-05-13-11A created the Reinvestment Zone No. Six, City of Round Rock, Texas, and WHEREAS, in accordance with the Property Redevelopment Tax Abatement Act, Chapter 312, Tax Code of the State of Texas, as amended, the City desires to enter into a tax abatement agreement with Micro -Bac International regarding the property located in said Reinvestment Zone, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized to sign on behalf of the City the Tax Abatement Agreement attached hereto and incorporated herein for all purposes. RESOLVED this 27th day of May, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tem Joseph moved to adopt the resolution. Councilman Stluka seconded the motion. VOTE:- Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez 43 May 27, x.993 Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.B. Consider a resolution authorizing the Mayor to enter into an agreement with Naylor Supply, Inc. for the purchase of a sewer jet machine. Jim Nuse made the staff presentation. Bids were opened on May 11, 1993 for award of a sewer jet machine. Three bids were received. Naylor Supply Co., Inc. of Pasadena was the low bidder at $26,490.00. The City has transacted business with Naylor Supply for approximately 14 years with no problems. Staff recommended Naylor Supply be awarded the bid. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Dock has duly advertised for bids for the purchase of a sewer jet machine for the Public Works Department, and WHEREAS, Naylor Supply, Inc.. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Naylor Supply, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Naylor Supply, Inc. is hereby accepted as the lowest and best bid and the purchase of said sewer jet machine is hereby authorized. RESOLVED this 27th day of May, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: {Councilman Stluka moved to adopt the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper M May 27,1993 Noes: None ACTION: The motion carried unanimously. 10.C. Consider a resolution authorizing the Mayor to enter into an agreement with OPUS 3 Architects for the design of Fire Station No. 4. Jim Nuse made the staff presentation. This agreement is between ©PUS 3 and the City of Round Rock for the design of Fire Station #4. Staff recommended award of this contract to OPUS 3. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round desires services for the design phase and preparation of construction plans for Fire Station No. 4, and WHEREAS, OPUS 3 Architects has submitted an agreement to provide said services, and WHEREAS, the City Council wishes to enter into said agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with OPUS 3 Architects for the design phase and preparation of construction plans for Fire Station No. 4, said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 27th day of May, 1993. CHARLES CULPEPPER, Mayor City of Round, Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tem Joseph moved to adopt the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.D. Consider a resolution authorizing the Mayor to enter into a contract 45 May 27,1993 with the Round Rock Leader for nubl cation of official City notices. Joanne. Land made the staff presentation. As mandated by the City Charter, the Council, once a year, must designate an official publication of general circulation for all official City notices. The ROUND ROCK LEADER has been the official "newspaper" for the City for many _years and has always done an excellent job. The rates will be 20 cents per word for the first insertion and 18 cents per word for repeat insertions. Maps and drawings will be charged at $5.65 a column inch. Staff recommended that the Council award the publication contract to the ROUND ROCK LEADER. Mayor Culpepper read the fallowing resolution_ RESOLUTION NO. WHEREAS, Section 13.02 of the Home Rule Charter for the City of Round Rock, Texas, provides that the Council shall designate a public newspaper of general circulation in the City as official publication for legal notices, and WHEREAS, the Round Rock Leader is a public newspaper of general circulation in the City, and WHEREAS, the Council is desirous of designating the Round Rock Leader as the official publication of the City, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Round Rock Leader is designated as the official publication of the City and all ordinances, notices and any other matter required to be published shall be published therein, and BE IT FURTHER RESOLVED that the Council hereby authorizes the Mayor to execute a one year contract with the Round Rack Leader to provide the required services at its normal and usual rates. RESOLVED this 27th day of May, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tem Joseph moved to adopt the resolution. Councilman Stluka seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper M May 27, x993 Noes: None ACTION: The motion carried unanimously. 10.E Consider a resolution authorizing the Mayor to enter into a contract for the improvements to Chisholm Trail. Jim Nuse made the staff presentation. On May 11, 1993, eight bids were opened for the Chisholm Trail Improvements. COR Construction was the lowest and best bid at $127,690. Staff recommended award to COR Construction. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of improvements to Chisholm Trail, and WHEREAS, COR Construction Company, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of COR Construction Company, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with COR Construction Company, Inc. for the construction of improvements to Chisholm Trail, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 27th day of May, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tem Joseph moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 101. Consider a resolution authorizing the ubmittal of a grant application May 27,1993 to the Texas Water Commission for oil reyc_ li Jim Nuse made the staff presentation. Members of the Environmental Advisory Board put together a grant for oil recycling. The proposal is to set up several collection stations for "do-it-yourself" oil changers to dispose of their oil properly. The grant is for - $104,000 andwill cover the costs of the program. Dianne Korucek of the Environmental Advisory Board outlined specifics of the grant. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Texas Water Commission ("TWC") has grant funds available for cities to establish an oil recycling program, and WHEREAS, City Council wishes to apply for a waste oil grant, and WHEREAS, if the City receives said grant, it will comply with the provisions of the financial assistance program and the fiscal reimbursement and reporting requirements of the TWC and the State of Texas, and WHEREAS, any funds received from the TWC and the State of Texas as part of the grant will be used only for the purposes for which they are provided, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to make an application for a waste oil grant from the TWC. RESOLVED this 27th day of May, 1993. CHARLES CULPEPPER, Mayor City of hound Dock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Prat -tem Joseph moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.G. Consider a resolution authorizing amendment of the Hotel/Motel Tax Budget for the Round_ bock Chamber of Commerce, Round Rock occer May 27,1993 Association and RTG Partners. Joanne Land made the staff presentation. The following requests for Hotel/Motel funds have been. received. 1.) The Chamber of Commerce Tourism Committe is requesting $32,880.00 for billboards and television commercials targeted to the winter Texans to shop in Round Rock. 2.) The Round Rock Soccer Association is going to host an international Soccer Tournament in September and are asking for $2,000 to help defray the cost of that tournament. They expect to have 61 Australians here for two weeks during that time. 3.) RTG Partners has been asked to do a Civic Center feasibility study. The retainer is for $15,000.00. The total amount of the three requests is $49,880. There is an Unallocated Fund Balance $89.435. If the Council so desires to approve the requested funding the remaining balance would be $39,555. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City Council has previously adopted by resolution a 1992-93 budget for the expenditure of hotel tax funds, and WHEREAS, the Council wishes to amend said budget to provide for a disbursement to the Round Rock Chamber of Commerce, Round Rock Soccer Association and RTG Partners, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the 1992-1993 budget for the expenditure of hotel tax funds be amended as set forth in Exhibit "A" to provide for a disbursement to the Round Rock Chamber of Commerce, Round Rock Soccer Association and RTG Partners. RESOLVED this 27th day of May, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stluka moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer 1 s MUMIMA May 27,1.993 Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes; None ACTION. The motion carried unanimously. 10.H. Consider a resolution authorizing the Mayor to enter into a contract for improvements to the Community Center. Staff requested that this item be withdrawn from the agenda because no bids were received for this project. The project will be bid again and those bids will be opened on June 8th. 10.1. Consider a resolution authorizing the Mayflr to enter into a contract with the Texas Department of Transportation for the illumination of RM 620._ Joe Vining made the staff presentation. This contract between the City and the Department of Transportation will allow for the construction of the antique lamp illumination system on RM 620 (Round Rock Avenue) from IH -35 to Mays Avenue. The style of the lamp will be the same as those on Main Street. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Texas Department of Transportation ("TDOT") is preparing to construct improvements to RM 620 (Round ,Rack Avenue) in the City of Found Rock, and WHEREAS, TDOT is agreeable to constructing a highway illumination system along Round Rock Avenue conditional upon the City agreeing to maintain and operate said illumination system, and WHEREAS, a document has been prepared setting forth the terms of the agreement regarding the illumination system, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with TDOT for the construction of a highway illumination system along Round Rock Avenue with the conditions stated above, said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 27th day of May, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Mayor Pro -tem Joseph seconded the motion. VOTE: Ayes: Councilman Stluka SO May 27,1993 Councilman Morgan Councilman . Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 101 Consider a resolution authorizing the Magor to enter into an agreement with Gibby Dean forequestrian services in Old Settlers Park at Palm Valle. Sharon Prete made the staff presentation. This agreement will allow the Parks and Recreation Department to expand their programming to include equestrian and cowboy activities at Old Settlers Park at Palm Valley. The program will begin with trail rides and expand to other activities. This will be on a week= -end basis during the summer. In response to the Council's questions, Prete said, "reservations for the trail rides will be made in advance through the Parks and Recreation Department. Ten horses will be provided at a time and all insurance requirements are satisfactory." Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires equestrian services for Old Settlers Park at Palm Valley, and WHEREAS, Gibby Dean has submitted an agreement to provide said services, and WHEREAS, the City Council wishes to enter into said agreement, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with +Gibby Dean for equestrian services for Old Settlers Park at Palm Valley, said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 27th day of May, 1993. ATTEST: JOANNE LAND, City Secretary CHARLES CULPEPPER, Mayor City of Round Rock, Texas 51 May 27,1993 MOTION: Councilman Stluka moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.K. Consider a resolution concerning Senate Bill 952 and Senate Bill 953. This item was withdrawn from the agenda. APPOINTMENTS: II.A. Consider appointment of Mayor Pro -Tem. Mayor Culpepper opened the floor for nominations. Councilman Stluka was nominated. MOTION:E Councilman Palmer moved that nominations cease. Mayor Pro -tem Joseph seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 1'vIOTION: Mayor Pro -tem Joseph moved to appoint Councilman Stluka as Mayor Pro -tem by acclamation. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan. 52 May 27,1993 Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro -tem Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 11.B. Consider 4 appointments to the Planning and Zoning Commission. 11.C. Consider 5 appointments to the Development Review Board. 11.D. Consider 1 appointment to the Historic Preservation Commission. 11.E. Consider 3 appointments to the Round Rock Housing Authorijy. 111. Consider 4 appointments to the Electrical Examining and Advisor Board.. 11.G. Consider 3 appointments to the Golf Course Advisory Board. 11.H. Consider ointments to the Ethics Review Commission. 11.1. Consider 4 appointments to the Environmental Advisory Board. 11.. Consider 5 appointments to the Advisory Board for the A in . 11.K. Consider 1 a ointment to the bound Rock Chamber of Commerce Board of Directors. 11.L. Consider 5 appointments to the Round Rock Housing Finance +Car oration. MOTION: Councilman Palmer moved to table items 11B through 11L. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tern Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 53 May 27,1993 DISBURSEMENTS: None NEW BUSINESS: Councilman Stewart asked the Council to consider requiring future industrial prospects, either locating or relocating to Found Dock, post a deposit before any tax dollars are expended for staff time or economic reports. A variable fee would be determined by the staff depending on the cost of the economic reports. The fees can be as low as $1000-1500 up to $5000. This fee will cover the staff time and related expenses if the prospective business decides not to locate in Round Rock after all. Councilman Stewart added he would like to see this on the agenda for the second meeting in June. OLD BUSINESS: None CITY MANAGER`S REPORT: Bob Bennett reported on two items. 1. Staff is beginning to prepare the budget for the next operating fiscal year and will bring budget amendments to the Council during the month of June to make mid -year corrections. 2. Dell Computers decided they will use conventional financing to construct their facilities in Round Rock and will not avail themselves of the Industrial Development Bonds the Council offered to Dell as an incentive to locate in Found Bock. Dell said it is the spirit of the Council in trying to help them facilitate a large project through the use of IDB's was the one of the reasons why they selected Round Rock. They appreciated it very much but have decided to go with conventional financing. 'What this means is the City will no longer be involved in any way in the financing of the facility using the Industrial Development Corporation as a conduit for Industrial Development Bonds. Dell expects to have their ground breaking some time in early July. COUNCIL COMMENTS: The Council congratulated Mayor Culpepper, Councilman Joseph and Mayor Pro -tem Stluka and wished Mayor Robinson the best in his future. They commended the Environmental Advisory Board and Advisory Board for the Aging for all their work. They wished a great success to El Amistad on their festival on Saturday and Project Graduation on June 5th. Mayor Culpepper asked the Council and staff to help him make the Council meetings "user friendly" and offer explanations that everyone can understand. 54 May 27,1993 The Council scheduled a mini retreat for June 24th to begin at noon. ADJOURNMENT: There being no further business, the meeting adjourned at 8:40 p.m. Respectfully Submitted, J anne -Land, Assistant City Manager/ City Secretary 55 June 10,1993 The Round Rock City Council met in Regular Session on Thursday, Tune 10, 1993.at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro -tern Robert Stluka, Councilman Rod Morgan, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Councilman Rick Stewart was absent due to medical reasons. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: May 27,1993 MOTION: Councilman Joseph moved to approve the minutes as submitted. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. CITIZENS COMMUNICATIQNS: 4.A. Bill Cris - ho Around the Rock Quarterly Drawin . Ellen Spinn, Vice President of the Chamber of Commerce, asked Mayor Culpepper to draw the winning entry for the quarterly "Shop Around the Rock" $500 Shopping Spree Giveaway. The winner of the $500 Shopping Spree was Kaye Howell, 300 Whetstone, Round Rock. 4.B. Tong Fontana - Banner request for Frontier Days. Tony Fontana, Chairman of the Frontier Days Committee of the Chamber of Commerce, requested permission to place a banner across Main Street at Mays Street and across Lake Creek Drive at FM 620 from June 17th through July 12th to help advertise Frontier Days. 56 June 10, 1993 MOTION: Councilman Palmer moved to approve the banner request. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. Mark Weyhrauch, 602 Clearwater Trail, expressed his concern that Michael Angelo Frozen Food was not hiring local construction workers. He said it was his understanding that when Michael Angelo received the tax abatement it stipulated that they had to hire local people. He asked why his tax money was being used to help out of state contractors and subcontractors. Councilman Morgan informed Mr. Weyhrauch that he had a misconception of what a tax abatement is. He replied that the City was not spending citizen tax dollars but creating a tremendous amount of tax dollars by the permanent jobs that come in. Michael Angelo is getting an abatement over a specified period but they must perform to earn that abatement. They must create a certain number of jobs. The tax payers will benefit from this industry. Mayor Culpepper offered to provide a copy of the tax abatement agreement to Mr. Weyhrauch. Norman Jones, 12015 Grey Rock Lane, Austin, reiterated Mr. Weyhrauch's concern regarding Michael Angelo. He added, "No local people are being hired to do the construction work which is in violation of the tax abatement agreement." Mayor Culpepper clarified that the tax abatement did not include the stipulation that local people would be hired to do the construction work but Michael Angelo's was encouraged to hire local people but can encourage them to hire locally. Councilman Morgan agreed that local people should be hired but the Council cannot tell them who to hire. 57 June 10,1993 Mayor Pro -tem Stluka outlined certain factors that the Council considers to determine if a tax abatement will be granted. He continued that the Council is not in a position to get involved in the private enterprise process and in what they can or cannot do, in this case the construction process. Mayor Pro -tem Stluka assured Mr. Jones that the Council always encourages people to use local resources. Mayor Culpepper also offered Mr. Jones a copy of the tax abatement agreement and that he or the staff would go over the document with him. Richard Kronke, 6700 Gold Moss Cove, Austin, expressed his concern regarding Michael Angelo not hiring local construction workers. Mayor Culpepper sympathized with Mr. Kronke`s concern and stated it was not the role of the government to tell a business who they have to hire. Even though he was not hired by Michael Angelo, this company will bring other jobs that will be available to local people. Keith Rickaby, 1205 Creekview Drive, said he is a licensed electrician in Round Rock and had the same concern as the previous speakers concerning Michael Angelo. He asked the Council, "to put a little pressure on them to hire local people." Councilman Morgan reitinerated that the Council encourages companies locating in Round Dock to hire local people because the Council wants the citizens of Round Rock to benefit as much as possible. Brenda Rickaby, 1205 Creekview Drive, said she was also an electrician and expressed her concern regarding Michael Angelo not hiring local people. Councilman Palmer asked that staff meet with the individuals to answer quesitons or concerns they have. Paul Knight, 1406 Lance Lane, approached the Council and said he was a general contractor for 40 years before he retired. He stated it was not economically feasible for a general contractor to bring all his "subs" when doing a job in another state. It behoves the contractor to hire local specialist. PROCLAMATIONS: 5.A. Consider a proclamation proclaiming luneteenth Day Fest. Mayor Culpepper read the appropriate proclamation and presented it to Reverend Richard Mercer coordinator of the event. June Y0,1993 PRESENTATIONS: 6.A. Consider a presentation amending the Firearms Ordinance to permit the use of bow and arrows within the city limits under a controlled environment. Joanne Land made the staff presentation. The Williamson County Archery Club approached the City requesting the "Discharge of Firearms Ordinance" be amended to allow their sport to take place within the City limits of Round Rock. Our ordinance states, "It shall hereafter be unlawful to discharge within the corporate limits of the City of Round Rock, Texas, any firearm, airgun, BB gun, pellet gun, or any other mechanism projecting lead or any missiles." Staff recommended that the Council consider the presentation but withdraw the ordinance to allow further research. Todd Keltgen represented the Archery Club. He offered a brief history of the Club and outlined the purpose and activities of the Club along with the benefits to the Community. He added they follow very strict safety requirements and are insured. The property they formerly used was sold and they need to move. The property they are considering is off Chisholm Trail, south of 3406 and north of Onion Creek. Keltgen described the proposed design of the Archery Range. With the consensus of the Council, Mayor Culpepper directed the City Attorney to amend. the ordinance to allow bow and arrows to be shot within the city limits of Round Rock under a controlled environment. This would not include backyards in residential areas. Mayor Culpepper directed Steve Sheets to meet with Todd Keltgen to work out the specifics of the ordinance. PUBLIC HEARINGS: 7.A. Consider public testimony on the request filed by Regency Yeager joint Venture to rezone The Oaklands Section Two, Block H, Lots 64-89 from District TF (Two -Family Residential) to District PUD (Planned Unit Development]. Joe Vining made the staff presentation. This property was originally zoned Two -Family to accommodate a cluster housing development of 26 lots. The lots would have opened onto an open space/common area owned by the Oaklands Homeowners Association and serviced by a private drive. Due to market changes the new owners have requested a zoning changing from Two -Family to Planned Unit Development. 59 June 10, 1993 The property will be developed from 26 lots to 13 lots and will retain the private drive. The PUD agreement sets out a separate maintenance agreement as well as covenants to provide a landscaping area along with the normal specifics of a PUD. Staff has been working with the neighborhood all through this project. The homeowners own the private area that is a part of the development. Since they have title to that land they must, as a group, vote to sell that land to the developer. Since a vote has not been taken staff recommended approval on first reading only and when the homeowners vote in the affirmative to sell the land staff will bring this back for the second reading. Staff has been informed that the Homeowners Association Board of Directors is in favor of selling the land. Mayor Culpepper opened the public hearing. Bob Tagge, 2113 Oakridge Drive, spoke against the proposed zoning change, because of the lack of townhomeslcondominiums within the City. If the zoning is changed to single family then the possibility of this development is eliminated. More senior citizens are looking at selling their larger homes and moving to a home that has a smaller yard which would not need alot of maintenance. Ann Tucker, Oaklands Civic Affairs Committee, spoke in favor of the zoning change. Single-family homes would not over -crowd their amentities and lower the value of the existing homes. She added the homeowners would not actually be receiving any money for the private area, but specified that single family homes would be built. The developer is presently on a time schedule. If he does not receive approval by June 19th then he would not get the funding for the development. Results of the vote would not be available for about 60 days and 80% of the property owners need to approve the selling of the private area. 7.B. Consider public testimony concerning smoking in public1p aces. Joanne Land made the staff presentation. This is a public hearing concerning the same "no smoking" ordinance that was presented to the Council last November. The ordinance failed on first reading November 12th and was tabled November 24th. Councilman Palmer asked that it be placed back on the agenda for consideration. Mayor Culpepper opened the public hearing. Camilla Hughes, 800 Canyon Creek, Austin, Mayor Pro -tern of the City of West Lake hills, spoke on their no smoking ordinance. She said it is a very M June 10, 1993 stringent no smoking ordinance.The reason they passed this ordinance is because the environmental agency has given them reems of information telling them that second hand smoking is a carcinogen. She added that West Lake Hills City Council believes this to be so and as members of the City Council they swore to protect the health, safety and welfare of their citizens. She stated, "this is not a rights issue, this is a health issue. This is not a money issue, it's a health issue for the citizens." She continued that she and their City Attorney have gone to many hearings and heard from many doctors and professionals that are confirming this situation. She contacted the restaurants in West Lake Hills concerning the no smoking ordinance and they stated that they are very pleased with it. She concluded that 75% of the population in West Lake Hills do not smoke. She encouraged the Council to adopt a no smoking ordinance. Jim Koehn, City Attorney for the City of West Take Hills, distributed a copy of the West Lake Hills no smoking ordinance. Mr. Koehn is the author of the ordinance which was recently adopted by the City of West Lake Hills. He offered information concerning no smoking in other cities and the impact this has had on them. He added the surrounding areas around West Lake Hills have voluntarily kept up with the City`s ordinance. In response to Councilman Palmer's question, Koehn said, that he had not heard of any lawsuits that have occurred pertaining to this type of ordinance. He added he has informed his Council that "the liability is not out there for a City." Art Wolff, 22+4 Sycamore Trail, Round Rock, Director of Public Education for the American Cancer Society and associated with the American Heart Association addressed the no smoking ordinance. He commended the Council for proposing the ordinance and offered their support by providing samples of various types of no smoking ordinances from throughout Texas. Mayor Pro -tem Stluka asked Mr. Wolff if there are any ordinances that pertain to bowling alleys. Mr. Wolff said, there are many but it would fall into the same category as restaurants. Mr. Wolff answered questions directed to him from Councilman Joseph concerning small restaurants and the financial burden that will be placed on them when they need to install separate ventilation. 61 June 10, 1993 Julia Rankin, Williamson County and Cities Health District, spoke in favor of the no smoking ordinance. She said the mission of the Health District is to promote wellness, improve health and prevent disease. She asked the Council to take the leadership in this effort to safeguard the residents and help the District fulfill their mission to protect the community's health by passing this ordinance. Eileen Kravetz, 9419 Shady Oaks Drive, Austin, said she represented the Round Rock Board of Director's for the American Cancer Society. Her primary job is to help encourage public education and risk reduction in the County or City. She added their primary goal is to help people learn about the causes of cancer and help them reduce their risk by not engaging in behaviors that encourage cancer. She encouraged the Council, as the representative of the Board of Director's to adopt this ordinance or a stronger ordinance. Councilman Palmer noted the Council received a letter from Dell Computer encouraging the Council to adopt an ordinance. There being no further public testimony, Mayor Culpepper closed the public hearing. ORDINANCES: 8.A. Consider an ordinance establishing tax abatement for certain historic properties. (First Reading). Joe Vining made the staff presentation. This personal tax exemption is granted annually to encourage the renovation and maintenance of historic structures within the City of Round Rock. These properties are to be maintained according to standards set out by the Council and the Historic. Preservation. Commission. Twenty-six properties have met the criteria and the average exemption for each property is $420. Staff recommended approval. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE GRANTING A PARTIAL EXEMPTION FROM AD VALOREM TAXES FOR CERTAIN QUALIFIED HISTORICALLY SIGNIFICANT PROPERTIES LOCATED WITHIN THE CITY LIMITS OF ROUND ROCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES, MOTION: Councilman Joseph moved to adopt the ordinance. Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka 6.2 June 10, 1993 Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Mayor Pro -tem Stluka seconded the motion. VOTE: .Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. S.B. Consider an ordinance regulating smoking in public laces.First Readin Councilman Palmer said, "I would sure like to see us go ahead and pass this ordinance tonight and I know many of you have some reservations but I think the ordinance is proper." Mayor Culpepper said it was brought to his attention by the administrator of the Hospital that there is a smoking area at the hospital for terminally ill patients who are allowed to smoke after they sign a waiver. Cindy Blackwell, on behalf of the Round Rock Hospital, spoke in favor of the no smoking ordinance but also has some concerns regarding portions of the ordinance that would cause them a hardship. Councilman Palmer suggested that the ordinance as presented remain in tact June 10, 1993 except for one ward in paragraph 6.403 (7) pertaining to health care facilities. The last sentence could read, "No -smoking and smoking areas may be designated by signs visible to the public." Mayor Culpepper appointed Councilman Palmer, Councilman. Morgan, and Councilman Joseph to serve on a committee to review the no smoking ordinance and address any concerns that were been brought up. This will then be brought back to the Council in two weeks. Councilman Palmer will serve as the Chair. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.400, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK TO REGULATE THE SMOKING OF TOBACCO PRODUCTS IN PUBLIC PLACES, PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MQTIQN: Councilman Joseph moved to table the ordinance for two weeks. Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart .ACTION: The motion carried unanimously. 8.C. Consider an ordinance amending the. Firearms Ordinance to permit the use of bow and arrows within the city limits under a controlled environment. (First Readings This item was withdrawn from the agenda. 8.D. Consider_an_ ordinance to rezone The Oaklands Section Two, Block H, Lots 64-89. frym__District TF (Two -Family Residential) to PUD (Planned Unit Development). (First Reading), Joe Vining made the staff presentation. In response M June 10, 1993 to Mr. Tagge's comments during the public hearing, Vining noted that the property is presently zoned Two -Family which only allows duplexes. Townhomes and condominiums are only allowed under the Multi -Family or Planned Unit Development zoning. The Planning and Zoning Commission approved the rezoning with the condition that documents have all the required signatures before they are recorded. Staffs recommended approval of the first reading only because a vote had not been taken by the Oaklands residents and 80% of the property owners need to approve the sale of the property. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO CHANGE THE DESIGNATION OF THE OAKLANDS SECTION TWO, BLOCK H, LOTS 64-89, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT TF (TWO-FAMILY RESIDENTIAL) TO DISTRICT PUD (PLANNED UNIT DEVELOPMENT) NO. 8. MOTION: Councilman Morgan moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 8.E. Consider an ordinance Authorizing the Issuance of 00{7 000 Combination Tax and Revenue Certificates of Obligation, Series 1993• Levying an Ad Valorem Tax in support of the Certificates; Approving an Official Statement; Authorizing the Execution of a Bond Purchase Agreement and a Paying Ages n�gistrar Agreement and Ordaining Other Matters Relating to the Issuance 65 June 10, 1993 of the Certificates. (First Reading). David Kautz made the staff presentation. Staff requested approval of the ordinance which will authorize the issuance of Combination Tax and Revenue Certificates of Obligation in the amount of $3,000,000. The purpose of the Certificates is to improve Gattis School Road. The Certificates will mature within 17 years. The estimated average interest rate over the life of the financing, at the point in time, will be 5.44%. The annual debt service will be approximately $293,000. The Certificates have been rated "A" by Standard & Poor's and Moody's Investor Services. This ordinance is in conjunction with item 8F, the refinancing. Representatives from the Underwriter, Morgan Stanley & Company; Bank One; Financial Advisor, First Southwest Company; Bond Counsel, McCall, Parkhurst and Horton were present to answer questions the Council had. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. ORDINANCE AUTHORIZING THE ISSUANCE OF $3,000,000 COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION SERIES 1993; LEVYING AN AD VALOREM TAX IN SUPPORT OF THE CERTIFICATES; APPROVING AN OFFICIAL STATEMENT, AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT AND ORDAINING OTHER MATTERS RELATING TO THE ISSUANCE OF THE CERTIFICATES. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Nees: None Absent: Councilman Stewart ACTION: The motion carried unanimously. MOTION: Mayor Pro -tem Stluka moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka I S June 10,1993 Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 8.F. Consider an ordinance Authorizing the Issuance of General Obligation Refunding Bonds Series 1993• Levying an Ad Valorem Tax in Su ort of the Bonds; Approving an Official Statement. Authorizing the Execution of Bond Purchase Agreement, an Escrow Agreement and a Pa 'ng Ag ent Re `strar• Calling Certain Obligations for Redemption and Ordaining Other Matters Relating -to the Issuance of the Bonds. First Reading). David Kautz made the staff_presentation. Approval of this ordinance authorizes the issuance of $20,195,000 of refinancing bonds. The refinancing of a portion of the City's outstanding General Obligation debt is to achieve an economic savings. The estimated average interest rate, as the bonds are priced, will be 5.43%. The estimated savings over the length of the refinancing is $854,000. The present value of the savings is estimated at $627,000. The City will see an annual savings of $54,000. The bonds have been rated "A" by Standard & Poor's and Moody's Investor Services. This transaction in combination with the $3,000,000 in certificates because of the "A" rating the City will see an added economic savings over the length of the refinancing in the amount of $285,000. Staff recommended approval of the ordinance. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. ORDINANCE AUTHORIZING THE ISSUANCE OF $20,195,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993; LEVYING AN AD VALOREM TAX IN SUPPORT OF THE BONDS; APPROVING AN OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT, AN ESCROW AGREEMENT, AND A PAYING AGENDA/REGISTRAR AGREEMENT; CALLING CERTAIN OBLIGATIONS FOR REDEMPTION AND ORDAINING OTHER MATTERS RELATING TO THE ISSUANCE OF THE BONDS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilman 6? Morgan seconded the motion. VOTE Ayes:. June 10, 1993 Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None .Absent: Councilman Stewart ACTIQN: The motion carried unanimously. MQTION Councilman Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Morgan seconded the motion. VOTE: Ayes: Mayer Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: Nene Absent: Councilman Stewart ACTIQN: The motion carried unanimously. B.G. Consider an ordinance amending the Water and Wastewater Rates for senior citizens. (First Reading. David Kautz made the staff presentation. The Advisory board for the Aging recommended that the Council discontinue providing discounts for water, wastewater, and garbage rates for senior citizens to be effective the date the ordinance is approved. Those individuals who are currently receiving the discount would be allowed to continue with it. Staff concurred with the recommendation. Councilman Palmer said he received a phone call from an individual asking why a water/wastewater exemption for senior citizens was illegal when there are exemptions in other areas like property tax. r June 10,1993 Steve Sheets responded that there is a specific statutory authorization that allows tax discounts for senior citizens. There is not a statutory authorization for discounts for utility bills. The State, through the Texas Water Commission, has a policy that utility rates should be based on cost not based on how old the customer is. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.615(1)(c), CHAPTER 10, SECTIONS 10.201(5)(d) AND 10.202(1)(d), CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS BY DISCONTINUING DISCOUNTED GARBAGE, WATER AND WASTEWATER RATES FOR RESIDENTS AGE 65 AND OLDER AFTER THE EFFECTIVE DATE OF THIS ORDINANCE; ALLOWING RESIDENTS AGE 65 AND OLDER RECEIVING DISCOUNTED GARBAGE, WATER AND SEWER RATES PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE TO CONTINUE TO RECEIVE SAID DISCOUNTED RATES; PROVIDING FOR AN UNLAWFUL ACCEPTANCE OF DISCOUNTS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Palmer moved to adopt the ordinance. Mayor Pro - tem. Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Does: None Absent: Councilman Stewart ACTION: The motion carried unanimously. MOTION: Mayor Pro -tem Stluka moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilm.embers present. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph June 10,1993 Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. B.H. Consider an ordinance ranting a variance to Ordinance No. 2073 , to allow the selling of alcoholic beverages within 300 feet of a public school as requested by Ricardo Rodriguez (Mr. Taco). (First Reading) This item was withdrawn from the agenda., RESOLUTIONS: 9.A. Consider a resolution pledging to "Shop- Around the Rock.." Keith Hickman of the Round Rock Chamber of Commerce FYI Committee, offered a brief update on the. Committee's activities. In their effort to promote Round Rock, the Committee will be approaching all local businesses asking them to pledge to shop locally. Hickman distributed certificates and asked the Council to sign the pledge to "Shop Around the Rock." Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rack and the Round Rock Chamber of Commerce have diligently pursued a "Shop Round Rock" campaign for the past several years, and WHEREAS, the Shop Round Rock and FYI Committees of the Chamber of Commerce have pledged to promote shopping Round Rock first, and WHEREAS, the Shop Round Rock and FYI Committees have initiated a. campaign to have the City and all Round Rock businesses shop Round Rock first, and WHEREAS, the two committees request that the City Council be the first to sign the pledge to shop Round Rock first, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That whenever possible and permitted by state purchasing and bidding laws, the City of Round Rock will buy from Round Rock businesses, and BE IT FURTHER RESOLVED, That the Mayor is hereby authorized to sign the pledge to continue to "Shop Round Rock". RESOLVED this 10th day of June, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. 70 June 10, 1993 Councilman Morgan seconded the motion. VCJ'I'E: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTIDN: The motion carried unanimously. 9.B. Consider a resolution_authorizing street closings for Frontier Days. Tony Fontana, Chairman of the Frontier Days Committee, asked permission to close the streets noted on the maps provided to the Council for the parade and Frontier Days activities. Mayor Pro -tern Stluka requested that no parking be allowed on the northside of Bagdad between Sheppard and Mays and allow parking only on the southside of Bagdad. This is to allow any emergency vehicles access to the area. The street would be blocked by either barricades or cones to discourage the parking. Steve Sheets advised the Council that this temporary no parking area cannot be enforced unless an ordinance was adopted. Mayor Culpepper read the following resolution. RESOLUTION NO, WHEREAS, the Round Rock Chamber of Commerce has requested the following streets be closed for the annual Frontier Days Celebration at the indicated times: 1) Main Street from Mays Street to Sheppard Street; July 9, 1993 at 4:30 P.M, to July 11, 1993 at 3:00 a.m. 2.) Lampasas Street from the northwest corner of the parking garage to Main Street; July 9, 1993 at 4:30 p.m. to July 11, 1993 at 3:00 a.m. 3.) Sheppard Street from the southeast corner of the Main Street Plaza Building to Liberty Avenue; July 9, 1993 at 4:30 p.m. to July 11, 1993 at 3:00 a.m. 4.) Lampasas Street from Main Street to Liberty Avenue; July 9, 1993 at 1:30 P.M. to July 11, 1993 at 3:00 a.m. 5.) Main Street from Georgetown Street to College Street; July 9, 1993 from 7:00 a.m. to 10:00 a.m., and WHEREAS, the Council wishes to grant such request, Now Therefore, June 10,1993 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the streets described above be closed on the days and times as set forth above for the annual Frontier Days Celebration. RESOLVED this 10th day of June, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary M O T I Q N : Councilman Joseph moved to approve the resolution. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 9.C. Consider a resolution authorizing street closings for Tuneteenth Fest Dam. Sharon Prete made the staff presentation. The Juneteenth Committee requested the closing of Mandel Street to Nash Street and Logan Street between Mays and Mandel Street for the Juneteenth Celebration to be held at Buck Egger Park. The streets would be closed from 7:00 a.m. -12:00 midnight on June 19th. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Juneteenth Celebration Committee has requested that Logan Street from North Mays to Mandel Street and Mandel Street to Nash Street be closed from 7:00 o'clock a.m. until 12:00 o'clock midnight on June 19, 1993 for Juneteenth Fest Day, and WHEREAS, the Council wishes to grant such request, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Logan Street from North Mays to Mandel Street and Mandel Street to Nash Street be closed as set forth above. RESOLVED this 10th day of June, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: 71 72 June 10, 1993 JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 9.D. Considerizing. the Mayor to enter into an a reement for the purchase of camcorder and radar e ui went for the Police Department. Wes Wolff made the staff presentation. Only one bid was submitted for Camcorders and Radar equipment. The bid, submitted by Bexar Micro Systems, is for 5 radars at $1,995 each for a total amount of $9,975 and 4 camcorders at $1,500 each for a total amount of $6,000. The equipment meets all the specifications and are within the budget. Staff recommended that the equipment be purchased. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of camcorder and radar equipment for the Police Department, and WHEREAS, Bexar Micro Systems has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Bexar Micro Systems and to authorize the purchase of said equipment, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Bexar Micro Systems is hereby accepted as the lowest and best bid and the purchase of camcorder and radar equipment for the Police Department is hereby authorized. RESOLVED this 10th day of June, 1993. CHARLES CULPEPPER, Mayor City of Round. Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tem. Stluka moved to approve the resolution. Councilman Joseph seconded the motion. 73 June 10,1993 VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously 9.E. Consider a resolution rejecting the West Wastewater Treatment Plant Sludge Pumping Improvement bids. Jim Nuse made the staff presentation. The bids that were received were all over budget. Staff is reviewing the scope of the work and will re -bid the project in a few weeks. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the West Wastewater Treatment Plant Sludge Pumping Improvement, and WHEREAS, the Council has determined that all bids received were unacceptable, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That all bids received for the West Wastewater Treatment Plant Sludge Pumping Improvement are deemed to be unacceptable and are hereby rejected. RESOLVED this filth day of June, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, 'Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tern Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: Nene 74 June 10, 1993 Absent: Councilman Stewart ACTION: The motion carried unanimously 9.F. Consider a resolution authorizing the Mayor to enter into a renewal agreement with Heart of Texas. Inc. for structural steel inspections. Jim Nuse made the staff presentation. Heart of Texas inspection service has provided this service to the City for several years and has done an excellent job. Staff recommended renewal of the agreement. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an agreement with Heart of Texas, Inc. for structural steel and inspection services, and WHEREAS, the City desires to renew said agreement, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an extension and renewal of the structural steel and inspection services agreement with Heart of Texas, Inc., said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 10th day of June, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MQTION: Councilman Joseph moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 9.G. Consider a resolution supporting the construction of FM 685 between FM 1325 and FM 734. Joe Vining made the staff presentation. This resolution expresses the City's support of a roadway project being sought by the City of 75 June 10,1993 Pflugerville. Currently RM 685 ends at FM 1825 near downtown Pflugerville. The proposed project would connect RM 685 to Dessau Road. Staff recommended approval of this resolution. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock, located in Williamson County, is experiencing phenomenal growth in population and corporate expansion, and WHEREAS, traffic demands in the north -south corridor between Williamson County and Austin have increased significantly, and WHEREAS, the Texas Department of Transportation maintains Farm to Market Road 685 between State Highway 79 and Farm to Market Road 1825 in Northeast Travis County, and WHEREAS, there exists a critical missing link in the State and County road system between FM 1825 and FM 734 (Farmer Lane), Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock does hereby formally request the Texas Transportation Commission to begin construction of FM 685 between FM 1825 and FM 734. RESOLVED this 10th day of June, 1993. CHARLES CULPEPPER, Mayor City of Round Rock., Texas ATTEST: JOANNE LAND, City Secretary MC3TION: Mayor Pro -teen. Stluka moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. APPOINTMENTS: 10.A. Consider 4 a1212ointments to, the Planning and Zoning Commission. Mayor -Culpepper opened the floor for nominations. Robert Belanger, Dianna Kocurek, John Moman, and Al Kosik were 76 June 10, 1993 nominated. MQT'IQN: Councilman Palmer moved that nominations cease and to appoint Robert Belanger, Dianna Kocurek, John Moman, and Al Kosik by acclamation. Councilman Joseph seconded the motion. VOTE: Ayes: Noes: Mayor Pro -tem Stluka Councilman Morgan {Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper None Absent: Councilman Stewart ACTION: The motion carried unanimously. 1O.B. Consider 5 appointments to the Development Review Board. Mayor Culpepper opened the floor for nominations. Terry Hagood, Keith Hickman, Brian Lott, and Pari Annamalai were nominated. MOTION: Councilman Joseph moved that nominations cease and to appoint Terry Hagood, Keith Hickman, Brian Lott, and Pari Annamalai by acclamation. Councilman Morgan seconded the motion. VOTE: Ayes: Noes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper None ,Absent: Councilman Stewart 1O.C. Consider 1 appointment to the Historic Preservation Commission. Magor Culpepper opened the floor for nominations. Ray Amaro was nominated. MOTION: Councilman Joseph moved that nominations cease and to 77 June 10, 1993 appoint Ray Amaro by acclamation. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart 10.D. Consider 3 appointments to the Round Rock Hou,5ing Authoritv. MOTION: Mayor Pro -tem Stluka moved to table the appointments. Councilman Joseph seconded the motion. VOTE. Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. IO.E. Consider 4 appointments to the Electrical Examining and Advisory Board. MOTION : Councilman Palmer moved to table the appointments. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None r June 10, 1993 Absent: Councilman Stewart ACTION: The motion carried unanimously. 10.F. Consider 3 appointments to the Golf Course Advisory Board. MOTIQN: Councilman Palmer moved to table the appointments.. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 10.G. Consider 4 appointments to the Ethics Review Commission. MQTION: Councilman Palmer moved to table the appointments. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 10.I1. Consider 4 appointments to the Environmental Advisory Board. MOTION: Mayor Pro -tem Stluka moved to table the appointments. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer 79 June 10, 1993 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 10.1. Consider 5 appointments to the Round Rock Housing Finance Corporation. Mayor Culpepper opened the floor for nominations. Martha Chavez, Jimmy Joseph, Charles Culpepper, Earl Palmer, and Rod Morgan were nominated. MOTION: Mayor Pro -tem Stluka moved that nominations cease and to appoint Martha Chavez, Jimmy Joseph, Charles Culpepper, Earl Palmer, and Rod Morgan by acclamation. {Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tern Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: Name Absent: Councilman Stewart ACTION: The motion carried unanimously. 10.. Consider 5 appointments to the Advisory Board for the A in . Mayor Culpepper opened the floor for nominations. Robert Griffith, Barbara Houts, Posey McClung, Lambert Peterson, and Jo Updegraff were nominated. MOTION: Councilwoman Chavez moved that .nominations cease and to appoint Robert Griffith, Barbara Houts, Posey McClung, lambert Peterson, and Jo Updegraff by acclamation. Councilman Joseph seconded the motion.. VOTE: Ayes: Mayor Pro -tern Stluka Councilman Morgan Councilman Palmer June 10, 1993 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. DISBURSEMENT: 11.A. Consider payment to Vicon C nstructors Inc. far the 1993 McNeil Road Storage Tank Repair in the amount of 50,425.20. 11.B. Conside pay n to Round Rock Construction for the Onion Creek Watershed Regional Detention Improvements project in the amount of 111D-2-90- 1 1.C. 12,D12.90. 11.C. Consider change order and final payment to Brannon Paving Comppanv for the 1992 Seal Coat Program in the am unt of $68,689.92. MOTION: Councilman Joseph moved to approve the disbursements. Mayor Pro -tern Stluka seconded the motion. VQTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes:. None Absent: Councilman Stewart ACTION: The motion carried unanimously. NEW BUSINESS: 12.A. Consider authorizing staff to progeed with -engagingan engineer for the Gattis School Road Proiect. Jim Nuse made the staff presentation. Public Works staff reviewed seven firms who expressed interest in providing engineering services for the Gattis School Load Project. All firms were evaluated on the following criteria: Personnel (35%), Experience (30%), Workload (15%), Delated Projects (10%) and Community Involvement (10%). Three firms, Baker Akklen and Associates, Epsey-Houston and Associates, and Dipple & Ullman were selected as being the M June 10, 1993 most qualified for this particular project. Staff recommended that the firm of Baker Aicklen and Associates be selected for the project. Staff will endeavor to agree on a contract with Baker Aicklen and Associates during the next two weeks for Council approval on June 24, 1993. MOTION: Councilman Joseph moved that staff proceed with engaging an enginner for the Gattis School Project. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None .Absent: Councilman Stewart ACTION: The motion carried unanimously. OLD BUSINESS: Dane CITY MANAGER'S REPORT: Bob Bennett reported that the Texas Water Commission is upgrading the capacity of East Wastewater Plant from 2.5 million gallons a day to 3.6 million gallons a day. This upgrade will result in a 2 1/2 million dollar savings. Bennett thanked Jim Nuse and his staff for all the work they did in achieving the upgrade. COUNCIL COMMENTS: Councilman Palmer scheduled a meeting of the No Smoking Ordinance Committee for Monday, June 14th at 10.00 a.m. The committee consists of Councilman Palmer, who will chair this committee, Councilman Morgan, and Councilman Joseph. Councilman Joseph announced that the Annual American Legion Barbeque Cookoff is Saturday, June 12th. All the Council were invited to help judge the event. Mayor Culpepper thanked the Fire Department and the Police Department for the quick and professional response to the recent school van accident on the interstate. He added an additional thanks to the Fire Department for the work they did No June 10, 1993 in protecting the surrounding homes during a recent fire in the Oaklands Subdivision. EXECUTIVE SESSION: 16.A. Executive Session as authorized by Article 6252-17, Section 2, Subsection (e)Vernon's Texas Civil Statutes relating to pending and/or contemplated litigation, including, but not limited to; W Contract negotiations regarding acquisition of the Round Rock Water SuI2121y Corporation. The Council recessed into Executive Session at 9:50 p.m. and adjourned back into regular session at 10:05 p.m. QLD BUSINESS: 17.A. Consider discussion and/or action on pending, litigation, including. but not limited to 0 Contract negotiations regarding ac uistion pf the Round Rock Water Suer Corporation. MOTION: Councilman Palmer moved to table this action item. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stiuka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 10:06 p.m. Ipctfully Submitted, �u� �j2e Land, Assistant City Manager/ City Secretary June 24,1993 The Round Rock City Council met in Regular Session on Thursday, June 24, 1993 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro -tem Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: Regular Session, June 10, 1993 MOTION: Councilman Joseph moved to approve the minutes as submitted. Mayor Pico -tem Stluka seconded the motion, VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Mayor Culpepper recognized State Representative Mike Krusee who was present at the Council meeting. Representative Krusee informed the Council that he would be more available since the Legislative Session was over. He added that he would like to show his support and help to the Council in anyway possible. PROCLAMATIONS: 5.A. Consider a proclamation proclaiming Parrs and Recreation Month. Sharon Prete accepted the proclamation and outlined some of PARD's summer activities. PRESENTATIONS: June 24, 1993 6.A. Consider a presentation by the Environmental Advisory Board on a proposed curbside recycling ro ram for the City. Jim Nuse made the staff presentation. Dianna Kocurek, Chair of the Environmental .Advisory Board, outlined activities the Environmental Advisory Board is working on toward a recommendation for a City wide participation Curbside Recycling Program for Round Rock.. She added that prior to making a recommendation for a recycling program, the Board wants to conduct an objective survey to determine the community's desire for such a program. The Board is coordinating a survey which will be conducted in July with the help of members of the Round Rock High School Environmental Club. Curbside recycling questions will be included in the City's customer service poll and a mini survey will appear in the Found. Rock Leader. Requests for proposals will be sent to area waste haulers to get a more accurate gauge on the cost of a curbside recycling program. The program will be limited to single family residential homes only and apartment complexes will be excluded. The program will focus on recycling plastic, steel and aluminum cans, glass and newspaper. Mayor Pro -tem Stluka asked that examples of what other cities are doing be included with the Board's recommendation. In response to Mayor Culpepper's question, Kocurek said a recommendation would be brought before the Council in August. 6.B. Consider a presentation concerning amendments to the 1993-1993 Q12erating Bud et. David Kautz made the staff presentation. Kautz highlighted the following proposed budget revision: General Fund Revenue. led by a very strong sales tax performance, will increase by $761,482 Expenditures: are scheduled to increase by --A new building inspector is being added $7,707 --Additional transfer to fund improvements to the Community Center $9,500 --Fund the Waterproofing of City Hall $78,000 --Fund a Drug Enforcement Officer to work with the DEA $8,250 --Transfer a designated fund balance to the Park Development Fund for Youth Sports. Immediate expenditures are scheduled as follows: Girls Softball lights $10,000 Little League lights $35,000 Balance to transfer to Park Dev. Fund $105,000 --Other operating expenditures as a result of increased operational MI June 24, 1993 activity in the various operating departments Total General Fund Expenditure increases Utility Fund Revenue: Expected to decrease slightly because of declining interest rates; continued low water sales; not yet fully developed industrial pre-treatment program. Expenditures are scheduled to increase by: --Water rate case filed by Brushy Creek MUD, additional professional/legal expenses --Other operating expenditures as a result of increased operational activity. Total Utility Fund Expenditure increases PUBLIC HEARINGS: $84,60 $338,0164 ($24,322) $55,900 $62,894 $118,794 7.A. Consider public testimony concerning the proposed "No Smoking Ordinance." Councilman Palmer noted this ordinance prevents smoking in public places with a few exceptions. Councilman Palmer went over the exemptions of the ordinance. "This ordinance represents what I believe to be a reasonable ordinance because smoking can occur in some places," concluded Councilman Palmer. Mayor Culpepper opened the public hearing. Dr. Jack Bonner, 528 Dennis, bound hock, encouraged the Council to not make a decision based entirely upon economics and emotion but to base their decision on reasonable and logical ideas that may be brought before them. Dr. Bonner supported the ordinance. Dr. Bonner noted that this was not an issue of rights, but an issue of health. He encouraged the Council to pass the ordinance. Vernon O'Rourke, Manager of K- Bob's, said he was not opposed to the ordinance but was concerned with government regulation and what it leads to. O'Rourke said he agreed with the following excerpt from a booklet the Texas Restaurant Association distributes. "As a business establishment we prefer to manage the business and satisfy the smoking and non-smoking preferences of all of our customers without outside government intervention." He added that public places where taxpayers pay the bill should be governed by the public but private enterprises that are open to the public should not be regulated by the government. Paul Knight, 14016, Lance Lane, Round Rock, said he had no objection to the ordinance even though he smokes. He asked the Council, "Why are you trying to fix something that ain't broke? What are you trying to fix?" He added he doesn't June 24, 1993 smoke in stores that he patronizes. Randy Trevathan, 601 Cambridge, spoke in favor of the no smoking ordinance. Glen Pierce, owner of the Bowling Center in Round Rock, thanked the Council and committee for being receptive to the ideas from the business community. He added that businesses should be allowed to make the decision on how they want to operate their business. The public also has the choice of deciding whether they will patronize the business. In response to Councilman Joseph's question, Pierce said, "68% of his league bowlers are smokers." There being no further public testimony, Mayor Culpepper closed the public hearing. ORDINANCES: 8.A. Consid r an ordinance regulating smoking in public places. (First Reading) [Tabled 6/201-93-1 Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.400, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK TO REGULATE THE SMOKING OF TOBACCO PRODUCTS IN PUBLIC PLACES; PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. IST MOTION: Councilman Palmer moved to adopt the ordinance. Councilwoman Chavez seconded the motion. Councilman Joseph said he could support the ordinance if an amendment that would permit the owners of small restaurants of less than 50 seats to designate their entire restaurant as either smoking or non-smoking. He added he also supports Councilman Stewart's amendment. 2ND MOTION: Councilman Joseph moved to amend the ordinance to allow owners of small restaurants of less than 50 seats to designate their entire restaurant either smoking or non-smoking. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan June 24,1993 Councilman Stewart Councilwoman Chavez. Councilman Joseph Mayor Culpepper Noes: Councilman Palmer ACTION: The motion carried with 6 ayes and 1 no. Councilman Stewart said in his effort to be sensitive to the desires of the community he would like to amend the ordinance to address bingo halls. He would like the owner, lessee or person in charge be allowed to designate a smoking and no - smoking area. Councilman Palmer commented on smoking in bingo halls adding he was opposed to the amendment. In response to Mayor Pro -tern Stluka's and Councilman Morgan's questions, Councilman Stewart clarified his amendment. Steve Sheets noted that this amendment would amend Section 6.403{d} to include bingo halls. 3RD MOTION Councilman Stewart moved to amend the ordinance to allow the owner, lessee or other person in charge of a bingo hall designate a smoking and non-smoking area. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilwoman Chavez Councilman Joseph Noes: Councilman Palmer Mayer Culpepper ACTION: The motion carried with 5 ayes and 2 noes. The Council then voted on the first motion. VOTE: Ayes: Mayor Pro -tern Stluka Councilman Morgan Councilman Palmer Councilman Stewart royal o Nc ACTION: The Mayor Pro -tem bowling center w Mayor Cul Councilman Joseph for Reading)—Steve She some part on the Aus and archery ranges. It property owners and f before a shooting or permit is set in the will be taken into Official for the City has been accepted by Mayor AN ORDINANCE EDITION), CITY OF ESTABLISHING RE OPERATION OF Al DISCHARGED; Al APPROVED SHOOT REPEALING CONF] MOTION: Palmer seconded the VOTE: Ay June 24, 1993 Councilwoman Chavez Councilman Joseph Mayor Culpepper None carried unanimously. uka asked that staff change the term bawling alley to necessary. thanked Councilman Palmer, Councilman Morgan and work they did on the ordinance. made the staff presentation. This ordinance was based in ordinance in that it regulates the operations of shooting !d for the safety of the participants as well as adjacent tns. The ordinance required that a permit be obtained range can be built. Specific criteria for obtaining a A record will be maintained on complaints and they when the permit is up for renewal. The Chief Building be the administering official for the permit. This ordinance Williamson County Archery Association. read the caption of the ordinance. ORDINANCE NO. ENDING CHAPTER 4, CODE OF ORDINANCES (1990 UND ROCK, TEXAS BY ADDING A NEW SECTION 4.600, CATIONS FOR THE ISSUANCE OF PERMITS FOR THE ERY RANGES AND FACILITIES WHERE FIREARMS ARE ORIZING THE DISCHARGE OF FIREARMS AT AN 1 FACILITY; PROVIDING FOR A SAVINGS CLAUSE AND 'ING ORDINANCES OR RESOLUTIONS. Joseph moved to adopt the ordinance. Councilman Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer June 24, 1993 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 8.C. Consider an ordinance granting a variance to Ordinance -No. -2073 , to allow the selling of alcoholic beverages within 3QQ feet of a public school as requested by Ricardo Rodriguez (Mr. Taco). (First Reading) (Withdrawn 6/14/931 Joe Vining made the staff presentation. Ordinance 2073, adopted November 10, 1983, prohibits the sale of alcoholic beverages within 304 feet of a church, public school, or hospital. The ordinance also provides for variances by the City Council. Mr. Ricardo Rodriguez is seeking a variance to the ordinance to permit the sale of beer and wine at this restaurant, "Mr. Taco", located at 1233 Round Rock. Avenue. This site is across Lake Creek Drive, east of the Round Rock High School property. Beer and wine is already being sold in at least three tocations within 300' of the school property; namely, the 7-11, Texaco and Pizza Hut. Liquor was also previously sold in the same commercial center as the 7-11. The Pizza Hut located is closer to the school buildings than the applicant's property. Staff recommended approval of the variance based primarily on the equity of the situation. The denial of this variance would serve no intended purpose by totally removing the availability of alcoholic beverages in the restaurant. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE GRAFTING A VARIANCE TO THE PROVISIONS OF CHAPTER 1, SECTION 1.843, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES AT A LOCATION 'WITHIN THREE HUNDRED FEET (300') OF A PUBLIC SCHOOL; REPEALING CONFLICTING ORDINANCES AND PROVIDING FOR A SAVINGS CLAUSE. MOTION: Councilman Joseph moved to adopt the ordinance. Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart June 24, 1993 Councilman Joseph Mayor Culpepper Noes: Councilman Palmer Councilwoman Chavez ACTION: The motion carried with 5 ayes and 2 noes. MOTION: Mayor Pro -tem Stluka moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 9.A. Consider a resolution authorizing the Mayor to enter into a contract for grating improvements at the Water Treatment Plant. Jim Nuse made the staff presentation. These improvements are for safety purposes. Three (3) bids were received on the proposed grating improvements at the Water Plant. The low bidder, Steelbilt, is a local contractor and has performed similar work for the City. Staff recommended award of the bid to Steelbilt for $6,450. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for grating improvements at the Water Treatment Plant, and WHEREAS, Steelbilt Incorporated has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Steelbilt Incorporated, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Steelbilt Incorporated for grating improvements at the Water Treatment Plant, a copy of said contract being attached hereto and incorporated herein for all purposes. 91 June 24, 3993 RESOLVED this 24th day of June, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Mayer Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTI©N: The motion carried unanimously. 9.B. Consider a resolution authorizing the Mayor to enter into a contract for street improvements to Creekbend Boulevard. Jim Nuse made the staff presentation. On June 8, 1993, five (5) bids were received for the construction of Creekbend Boulevard. Round Rock Construction was the lowest and best bid at $248,932. Round Rock Construction has performed successfully on other recent projects. Staff recommended acceptance of the bid from Round Rock Construction as soon as the other participants in the joint construction agreement, HF2M and Fox and Jacobs meet their fiscal requirements. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for improvements to Creekbend Boulevard, and WHEREAS, Round Rock Construction, Inc. has submitted the lowest and best hid, and WHEREAS, the City Council wishes to accept the bid of Round Rock Construction, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Round Rock Construction, Inc. for improvements to Creekbend Boulevard, a copy of said contract being attached hereto and incorporated herein for all purposes. 92 June 24, 1993 RESOLVED this 24th day of June, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.C. Consider a resolution authorizing the Mayor to enter into an engineering agreement for street improvements to Gattis School Road. Jim Nuse made the staff presentation. At the last Council meeting on June 10, 1993, the Council authorized staff to initiate contract negotiations with Baker-Aicklen & Associates for engineering services for Gattis School Road. The basic agreement conforms to Texas Society of Professional Engineers (TSPS) and National Society of Professional Engineers criteria. The agreement also provides for some limited surveying services. Baker-Aicklen & Associates have agreed to provide design surveys as part of basic services. R.O.W. surveying will be provided by Baker- Aicklen based on an estimated 15 parcels, not to exceed a limit of $20,000. The engineers agreed to use the City`s Hourly Rate Schedule even though the amounts are generally below their customary amounts. Staff recommended approval of the agreement. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Found Rock desires to have engineering services for June 24, 1993 improvements to Gattis School Road, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted an engineering agreement to provide said engineering services, and WHEREAS, the City Council desires to enter into said agreement with Baker- Aicklen & Associates, Inc., Now Therefore, V BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Baker-Aicklen & Associates, Inc. for engineering services for improvements to Gattis School Road, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 24th day of June, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION:_ Councilman Stewart moved to approve the resolution. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.D. Consider a resolu pion authorizing the Mayor to enter into an audit agreement with Pena, Swayze and Company for the fiscal year ended 1933. David Kautz made the staff presentation. The City's charter requires an annual audit of the financial records to be performed by an independent certified public accountant. Staff recommended that Pena, Swayze and Company be retained for this purpose. Cost of the audit will be approximately $34,400 and is included in the proposed operating budget. Kautz added that this firm has the capability and experience to properly perform the audit function. Additionally, the firm has illustrated a continuing improvement in audit quality. If retained, this would be the ninth audit conducted by the firm for the City.. In response to Councilman Palmers question, David Kautz said, "this will be June 24, 1993 a full financial audit of all the City's financial records." Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, it is necessary for the City of Round Rock to conduct an annual audit, and WHEREAS, the accounting firm of Pena, Swayze & Co., has submitted a proposal to provide said audit, and WHEREAS, the City Council wishes to approve the Pena, Swayze & Co. proposal, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND RUCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an engagement letter with Pena, Swayze & Co. to conduct said audit, a copy of said letter being attached hereto and incorporated herein for all purposes. RESOLVED this 24th day of June, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION. The motion carried unanimously. 9.E. Consider a resolution authorizing the Mayor to enter into a contract for improvements to the Community Center. Joanne Land made the staff presentation. On June 8, 1993, two bids were received for Phase 1 improvements to the Community Center. H.B. Travis Constructors submitted the low bid at $55,4+00. After review of the bid by staff, architect, and contractor it was determined that several items in the Community Center can be reused. A change order reflecting those changes in the amount of $14,000 was provided to the Council. Staff 95 June 24, 1993 recommended that the Council accept the bid of H.B. Travis Constructors with Change Order No. 1 bringing the bid to $41,400 and contingent upon approval of the contract by the City Attorney. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for improvements to the Community Center, and WHEREAS, H.B. Travis Constructors, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of H.B. Travis Constructors, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with H.B. Travis Constructors, Inc. for improvements to the Community Center, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 24th day of June, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro --tern Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.F. Consider a resolution granting a special hermit to the Williamson County Archery Club for competitive events. Joanne Land made the staff presentation. In order for the Williamson County Archery Club (WCAC) to hold three competitive events on June 26 and 27, July 24 and 25, August 21 and 22, staff recommended that the Council authorize a special permit to WCAC to conduct RE June 24, 1993 these events. This will allow the Club time to get their required permanent permit, after adoption of the ordinance regulating archery ranges, without having to cancel their summer competitive events. Todd Keltgen informed the Council that he provided Steve Sheets with evidence that the property has been inspected and has passed all safety requirements for an archery range, along with a certificate of insurance. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, S 1.1402(4) provides that the City Council may issue a permit to conduct an organized competitive archery event, and WHEREAS, the Williamson County Archery Club ("WCAC") has made an application for a permit to hold three competitive events on June 26 and 27, July 24 and 25, and August 21 and 22, 1993, and WHEREAS, the City Council finds that the WCAC has provided evidence that adequate provisions have been made to ensure the safety of the public, spectators, participants, and property, and WHEREAS, the WCAC has provided evidence of insurance coverage in compliance with S 1.1402(4)(c), Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND RUCK, TEXAS, That the Council hereby authorized and directs the Mayor to execute a permit to the WCAC to conduct three organized archery competitive events, a copy of such permit being attached hereto as Exhibit "A" RESOLVED this 24th day of June, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ,ACTION: The motion carried unanimously. 9.G. Consider a resolution rejecting the McNeil Softball Complex concession 97 June 24, 1993 lease. Sharon Prete made the staff presentation. One bid was received and opened on June 17, 1993, for an operator to run the concession facility at McNeil Park. The bidder did not comply with the specifications. Staff recommended rejection of the bid. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of bound Rock has duly advertised for bids for the McNeil Softball Complex Concession Lease, and WHEREAS, the Council has determined that all bids received were unacceptable, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That all bids received for the McNeil Softball Complex Concession. Lease are deemed to be unacceptable and are hereby rejected. RESOLVED this 24th day of June, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: 10.A. Consider 1 appointment to the Development Review Board. This item was withdrawn from the agenda. 10.13. Consider 3 al2pointments to _ the _Round Rock _ Housing_ Author ty. Mayor Culpepper opened the floor for nominations. re-Ine RAM June 24, 1993 Faye Johnson, Kathy Barrett and Joe Allcorn were nominated. MOTION: Councilman Palmer moved that nominations cease and to appoint Faye Johnson, Kathy Barrett and Joe Allcorn by acclamation. Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 1Q.C. Consider 4 appointments to the Electrical Examining and Advisor Board. Mayor Culpepper opened the floor for nominations. Bryan Neal, Don Ahr and Larry Myers were nominated. MOTION: Councilman Joseph moved that nominations cease and to appoint Bryan Neal, Don Ahr and Larry Myers by acclamation. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Noes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper None ACTION: The motion carried unanimously. 1O.D. Consider 3 appointments to the Golf Course Advisory Board. Mayor Culpepper opened the floor for nominations. Jim Benton, Joe Johnson and Tom Higgs were nominated. MOTION: Councilman Joseph moved that nominations cease and to appoint June 24, 1993 Jim Benton, Joe Johnson and Tom Diggs by acclamation. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.E._ Consider 4 appointments to the. Ethics Review Commission. Mayor Culpepper opened the floor for nominations. Tom Gill, Gene Glaeser, Eugene Landry and Donald Sanders were nominated. MOTION: Councilman Palmer moved that nominations cease and to appoint Tom Gill, Gene Glaeser, Eugene Landry and Donald Sanders by acclamation. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.F. Conq der 4 appointments to the Environmental Advisory Board. Mayor Culpepper opened the floor for nominations. Leonard Gilbert, Lisa Gilmour-Stallsworth and Maria Goodman were nominated. MOTION: Councilman Joseph moved that nominations cease. Councilman Stewart seconded the motion. 100 June 24, 7993 VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to appoint Leonard Gilbert, Lisa Gilmour-Stallsworth and Maria Goodman by acclamation. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. DISBURSEMENTS: None NEW BUSINESS: None ULD BUSINESS: None CITY MANAGER'S REPORT: Bob Bennett referred to the analysis concerning the City's debt refinancing from Moody's Municipal Credit Report which was provided to the Council. COUNCIL COMMENTS: Councilman Morgan noted his pleasure that the improvements to the Community Center are under way. Councilman Palmer thanked the Council for their support on the no smoking ordinance. Mayor Culpepper wished Chief Wolff an early birthday. Mayor Culpepper 101 June 24, 1993 added that at the work session held earlier in the day, the Council evaluated the performance of the City Manager, ,assistant City Manager, City Attorney and Municipal Judge. He added the Council is completely satisfied with the way they have been performing. EXECUTIVE SESSION: 16.A. Executive Session as authorized b Article 6252-17 Section -2, Subsection (e), Vernon's Texas Civil Statutes relating sto pending and/or contemplated litigation. including, but not limited to; o Claim filed by Wendy Fosdick 16.B. Executive Session as authorized by Article_6252-17, Section 2, Subsection (f), Vernons Texas Civil Statutes related to contract negotiations regarding the imposed agquistion of the Pound Pock Water Supply Corporation. The Council recessed into Executive Session at 8:40 p.m. and adjourned, back into regular session at 9:05 p.m. OLID BUSINESS: W.A. Consider discussion and/or action on pending litigation, including, but not limited to: 0 Claim filed by 'Wendy Fosdick MOTION: Councilman Palmer moved that the City Attorney proceed as directed in the Executive Session. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Councilman Stewart was out of the room when the vote was taken. ACTION: The motion carried. 17.B. Consider discussion and/or action on contract negotiations regarding the proceed acaWstion of the Round Rock Water 'Supply Corporation. 102 June 24, 1993 No action was taken on this item. AD OURNMENT:. There being no further business, the meeting adjourned at 9:07 p.m. Respectfully Submitted, 4VI�IAVJ Joanne Land, Assistant City Manager/ City Secretary 103 June 24, 1993 The Round bock City Council met in a Work Session on Thursday, June 24, 1993 at 12:00 p.m. in the Community Center, 205 East Main. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro -tem Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. Also attending were Joe Vining, Jim Nuse, Sharon Prete, David Kautz, 'Wes Wolff and Lynn Bizzell.. WORK SESSH N: 3.A. Consider discussion of financial matters long range planning goal setting. . Joe dining offered an update on the six Reinvestment Zones that have been created and the companies that received tax abatements. Sharon Prete gave an update concerning a proposed swimming pool. Prete used a map of the Old Settlers Park at Palm Valley to show the location of proposed recreation areas and a pool. The proposed plan calls for a 20,000 square foot enclosure that would serve as an indoor and outdoor facility. Construction cost would range from $210,000 to $295,000. Prete informed the Council that Texas Department of Parks and. Wildlife have stated they will not approve a matching fund grant for a natatorium. Staff is waiting for a ruling from Parks and Wildlife whether a retractable roof is considered a temporary structure. If they consider it a permanent structure then the City would have to fund the pool in it's entirety. Prete added if this happens the City can apply for grants for other areas of the park. The Council expressed concern with the pool being so far away and not easily accessible for neighborhood children. They also discussed the option of a neighborhood pool on the west side of the City. Bennett outlined some of the expense that a neighborhood pool can incur. Mayor Culpepper informed the Council that the pool issue can be discussed when the Council and School Board meet on July 27th. Bob Bennett outlined the Council goals from last year. He also went over the strengths and weakness the Council established at their July 17. 1992 work session. He added that this year's goal can be set at the August work session. 104 June 24, 1993 Steve Sheets outlined the State law regarding the Open Records Act and what is considered an Open Record. In response to the Council's questions concerning personal notes, telephone logs, and. calendars, Sheets stated that those items are subject to open records Request. The City's policy is to respond to an Open Records Request within 10 days. If the items that are being requested are readily available then the request is completed immediately. Joe Vining informed the Council that the Williamson County Commissioners have asked that six (6) karst dwelling invertebrates (bugs) be removed from the endangered list. The outcome of this request should have little or no affect on the City of Round Rock. Staff will closely monitor the Balcones Canyonland Conservation Plan. Lynn Bizzell distributed drawings of the site layout at Fire Station No. 3 and proposed site layouts and layout of the building for Fire Station No. 4. The proposed Fire Station will be located west of and adjacent to Rusk Drive off of Gattis School Road and the projected cost is $349,000. Bizzell went over the time frame for the construction of the Fire Station. The project is scheduled to be completed by April 1, 1994. Jim Nuse updated the Council on the progress of the Equipment Team. The team is reviewing the equipment needs for the various departments. Chief Wolff assured the Council that the Police Department has or has budgeted the equipment they need. Weapons for the Special Missions Team are being provided in the budget. Chief Wolff informed the Council that the same Pursuit Policy that the Council approved years ago is currently being used. This Policy is being reviewed for possible changes. An investigation is done every time a pursuit occurs. Sheets informed the Council that staff keeps track of lawsuits and cases pertaining to pursuits because pursuits are one of the largest areas of municipal liability. Jim Nuse outlined the right-of-way areas that Public Works and Parks are each responsible for maintaining. Councilman Morgan informed Nuse that there are some areas on McNeil Road, Gattis School Road, Sunrise, and Bowman Road where grass is growing up 105 June 24, 1993 through the sidewalks. Joe Vining addressed the following joint City/School issue: a. Parking around the high school - This issue will be discussed at the joint meeting between the Council and School Board.. b. Bus barn - The School District still is proposing to use their site on Deepwood as their transportation center. Vining added that the School District still needs to submit a landscaping site plan. They have the misunderstanding that they don't have to comply with it. The Council expressed their concern on how the buses would have enough time to exit onto RR620 and of the air pollution the number of buses would cause so close to the school causing some type of health hazard. C. Security guard at Round Rock High School - Wes Wolff addressed this issue stating that this is similar to the school resource officer. Since the City does not have funds for this position then the School Board would need to pay the salary for this individual. This person would be in addition to the security guards they currently have. The City would fund the salary for 3 months during the summer. Steve Sheets outlined the history of the Brushy Creek MIM water issue from day one to the present. Jim Nuse outlined the Vehicle Replacement Program criteria, offered. the 1993 replacement projections, initial phase replacements, and project costs. Jim Nuse, Sharon Prete, Lynn Bizzell, and Wes Wolff informed the Council what and how many vehicles their department's received. Nuse added that the older vehicles that could not be used will be sold for salvage in August. Mayor Culpepper suggested that each department should have their own identity/logo on their vehicles. Jae Vining outlined the subdivision activity in the City using a map to show where each of the developments are located. He also pointed out new industry and future activities throughout the City. In response to Mayor Culpepper's question, Vining said, that the Planning Department is working with the Utility Department to track whether people are moving into Pound Pock or moving from one place to another within Round June 24, 1993 Dock. Kautz added that the Utility Department averages about 50 transfers a month. Mayor Pro -tem Stluka asked Vining if his department could provide the Council with a street map that showed the county roads, ETJ and City limits lines. The Council discussed the proposed "no smoking„ ordinance. Councilman Joseph expressed his concern that small restaurants would have a financial burden if they had to provide a separate ventilation system to comply with the ordinance. He would like the ordinance amended to allow the restaurants with 50 seats or less to choose whether they will be totally smoking or non-smoking. Mayor Pro -tem Stluka said he could not support an ordinance that would mandate a major cost burden on small businesses. Councilman Stewart said he would support an ordinance that would let the business decide and not the City if smoking would allowed. Steve Sheets asked how the Council wanted to deploy the ordinance. He offered several options that can be used to notify the business owners of the smoking ordinance. An update was given on the following new projects: a. PARU's move - This move has been delayed until the spring of 1994. b. City yard - Jim Nuse noted the property behind the City yard was recently appraised for expansion. The appraisal came in at $142,000. Joe Vining gave an update on the Civic Center and added a recommendation will be presented to the Council in about 2 to 3 months. Jim Nuse noted that the County is being informed of street/road projects that the City has put out to bid. Their work load depends on whether they would bid on those projects. Staff is working with the County concerning road projects. Staff will discuss the possibility of the City maintaining roads that continue outside the city limits. Sharon Prete informed the Council that the City will take over the maintenance of the Round Rock Cemetery and the Black Cemetery beginning in October. Staff is checking to see whether the maintenance can be done at a lesser cost "%n house" as opposed to contracting the service out. The City would not be receiving any funds to do the maintenance. 107 June 24, 1993 Jim Nuse outlined the pavement management system for the Street Maintenance Program. The Council scheduled their retreat for Saturday, August 21st beginning at 8:00 a.m. and continuing on Sunday, August 22nd if needed. The Council will change their July 22nd Council meeting to July 20th so they can attend the Texas Municipal League Mayors and Councilmembers Conference in Plano. The Council accepted the invitation from Austin White Lime to have lunch on their rail car on either Thursday, July 15th or Tuesday, July 20th at 12:00 noon. The Council gave their consensus to allow an EMS vehicle to be stationed at Fire Station leo. 3. EXECUTIVE SESSION: 4.A. Executive Session as authorized by Article 6252-17, Section 2, Subsection (g) -regarding the evaluation of the City Manager, Assistant City Manager, City Attorney, and Municipal Judge. The Council recessed into Executive Session at 4:15 p.m. and adjourned at 6:05 p.m. ADJOURNMENT: There being no further business, the meeting adjourned at 6:05 p.m. Respectfully Submitted, 94a1K&LIhVa Joanne Land, Assistant City Manager/ City Secretary • July 8, 1993 The Round Rock City Council met in Regular Session on Thursday, July 8, 1993 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro -tem Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. 1993 APPROVAL OF MINUTES: Regular Session and Work Session June 24 MOTION: Mayor Pro -tem Stluka moved to approve the minutes as submitted. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: None PROCLAMATIONS: None PRESENTATIONS: 6.A. Consider a presentation concerning the 1992-1993 Street Maintenance Program. Jim Nuse made the staff presentation. The Street Maintenance Program for FY 1993 is recommended to be a combination of overlay and seal coat applications. Budget for this program is $270,000. The following streets will be involved in the program: SEAL COAT Brandi Ln. Sam Bass Rd. to Clark St. Lake Creek Dr. Deepwood to R.R. 620 Oakridge Dr. McNeil Rd. to Lake Creek 109 Knollwood Cv. Deepwood Dr. Flintrock Dr. Tejas Walsh Messick Loop East Logan St. Oxford Blvd. Cambridge Dr. Westminister July 8,1993 Deepwood to Cul-de-sac McNeil Rd. to Dragon Dr. Deepwood Dr. to Lime Rock Deepwood Dr. to Oakridge Deepwood Dr. to St. Williams McNeil Rd. to Creekv iew Dr. Lawnmont to Greenlawn Blvd. Gattis School Rd. to end Oxford Blvd. to Surrey Dr. Oxford Blvd. to Surrey Dr. ASPHALTIC CONCRETE LEVEL -I AND OVERLAY Gattis School Rd. Bowman Rd. Oakridge Dr. Lawnmont Dr. Seal Coat: Level -up and Overlay: South Mays to Magnolia North Mays to Old Bowman Lake Creek to Deepwood Dr. Logan to School Days Ln. $110,580 $151,730 Total Estimated Project Cost: $262,310 Award of the bid for the seal coat portion of the program will be brought before the Council at the second meeting in August. Councilman Stewart asked Nuse to look into adding a portion of Chisholm Valley Drive. Councilman Joseph noted Oakridge Cove needed some maintenance. In response to Councilman Joseph's question, Nuse said notices will be distributed in the area that will be worked on. 6.B. Consider a presentation concerning St. William Avenue rec n tru ti n. Jim Nuse made the presentation. In 1987, bonds were sold for the reconstruction of Frontier Trail and Stirrup Drive. These roads appeared to be "slipping" down the steep inclines in Chisholm Valley. The roads appear to have stabilized and those improvements are currently unnecessary. St. Williams Avenue, in the same subdivision, carries a significant traffic load and has drainage problems. Staff recommended to apply the $62,0100 set aside for the Frontier/Stirrup Improvements be applied toward improvements to St. Williams Avenue. It was also recommended that staff negotiate an engineering agreement with the firm of Espey- Huston to do the engineering. Espey-Huston was the next choice on the Gattis School Road project and designed McNeil Road which is adjacent to St. Williams Avenue. Nuse added that the CIP will be modified to do St. Williams Avenue as 110 July 8,1993 opposed to Frontier Trail and Stirrup Drive. In response to Mayor Pro -tem Stluka's question, Nuse explained what was proposed concerning the drainage pond in the area. PUBLIC HEARINGS: 7.A. Consider a public testimony concerning the regulation of smokin in public places. Joanne Land made the staff presentation. This is the third public hearing on the smoking ordinance. No changes have been made since the first reading of the ordinance. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: 8.A. Consider an ordinance re,,ulating smoking in ubli laces. econd &eadingl Steve Sheets made the staff presentation. The only changes to the ordinance are the addition of the amendments that were approved at the June 24th meeting. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.400, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK TO REGULATE THE SMOKING OF TOBACCO PRODUCTS IN PUBLIC PLACES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. M O T I N Councilman Palmer moved to adapt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes:. Noes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper None ACTION: The motion carried unanimously. B.B. Consider an ordinance regulating Archery and Shooting Ranges. ill July 8, 1993 Second Reading) Steve Sheets made the staff presentation. There were no changes to the ordinance since the first reading of the ordinance. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS BY ADDING A NEW SECTION 4.600, ESTABLISHING REGULATIONS FOR THE ISSUANCE OF PERMITS FOR THE OPERATION OF ARCHERY RANGES AND FACILITIES WHERE FIREARMS ARE DISCHARGED; AUTHORIZING THE DISCHARGE OF FIREARMS AT AN APPROVED SHOOTING FACILITY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro -tern Stluka moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. $.C. Consider an ordinance amending the 1992-1993 Operating Budget. (First Reading) David Kautz made the staff presentation. There have been no changes to the amount of the budget amendment as presented at the last meeting. Kautz noted that three new utility maintenance positions are being created and includes funding to October. They will handle the work load caused by our expanding customer and service base. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE REVISION OF THE BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 1992-93. MOTION: Councilman Stewart moved to adopt the ordinance. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka 112 July 8, 1993 Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 8.D. Consider an ordinance changing the Luly 22 1993 Council meetin First Reading) Joanne Land made the staff presentation. Since several Councilmembers will be attending the Mayor, Council and Commissioner Conference in Plano, Thursday, July 22nd through Sunday, July 25th, it is necessary to move the July 22nd Council meeting to Tuesday, July 20th. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE RESCHEDULING THE SECOND REGULAR JULY MEETING OF THE ROUND ROCK CITY COUNCIL FOR THE MONTH OF JULY, 1993; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Stewart moved to adopt the ordinance. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all Councilmembers present. Councilman Stewart seconded the motion. 11 July 8, 1993 VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Does: None ACTION: The motion carried unanimously. RESOLUTIONS: 9.A. Consider a resolution authorizing the closing of Aten Loop and Harrell Parkway for the Frontier Das 5K Run. Sharon Prete made the staff presentation. The Round Rock Roadrunners requested that a portion of Harrell Parkway and Aten Loop in Old Settlers Park at Palm Valley be closed for the annual Frontier Days 5KM Run from 6:30 a.m. to 9:00 a.m. on July 10, 1993. Mayer Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Round Rock Chamber of Commerce has requested that Aten Loop and. Harrell Parkway between Aten Loop and County Road 113 be closed to through traffic from 7:00 o'clock A.M. until 9:00 o'clock A.M. on July 10, 1993 for a 5K Run, and WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Aten Loop and Harrell Parkway between Aten Loop and County Road 113 be closed to through traffic from 7:00 o'clock A.M. until 9:00 o'clock A.M. on July 10, 1993 for a 5K Run. RESOLVED this 8th day of July, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart 114 July 8, 1993 Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes. None ACTION: The motion carried unanimously. 9.13. C Haider a re olution author-izin3, the closing of Lampasas Street to Liberty St r et for Frontier Days. Tony Fontana, Chairman of the Frontier Days Committee, asked that Lampasas Street from Main Street to Liberty Avenue be closed earlier than anticipated because the people with the carnival need more time to set up. The one business that will be affected has been notified and provisions for his parking have been arranged. The business owner has no objections. In response to Mayor Pro -tem Stluka's question, Fontana said the parking in the garage is on a "first come, first serve" basis. Chief Wolff noted that two officers have been assigned to patrol the garage during Frontier Days. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Found Dock Chamber of Commerce has requested that Lampasas Street from Main Street to Liberty Avenue be closed from 9:00 o'clock p.m. on July 8, 1993 until 3:00 a.m. on July 11, 1993 for the annual Frontier Days Celebration, and WHEREAS, the Council wishes to grant such request, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Lampasas Street from Main Street to Liberty Avenue be closed on the days and times as set forth above for the annual Frontier Days Celebration. RESOLVED this 8th day of July, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Stewart seconded the motion.. VOTE: Ayes. Mayor Pro -tem Stluka 115 July 8, 1993 Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.C. Consider a resolution authorizing the MayQr to enter into a contract with AGRIC for drainage improvements for the Meadows at Chandler Creek MUD. Jim Nuse made the staff presentation. This agreement between the City of Round Rock and American General Fealty Investment Corporation ("'AGRI") concerning certain drainage facilities to be constructed in connection with the AGRI's development of the Meadows at Chandler Creek, Section 24. The main portion of the agreement is that "AGRI will pay all costs of completing the Projects, but the City will reimburse AGRI for a portion of the costs incurred which are associated with the additional 48 inch pipe in the amount of $68.00 per lineal foot of pipe installed up to a maximum of $27,200 within 30 days of receipt by AGRI of the letter of acceptance of construction of the project by the City of Round Rock and provided that AGRI supplied the City with proof of costs incurred." Nuse added, "This is a real opportunity to improve a potential drainage problem in the future." Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, American General Realty Investment Corporation ("AGRI") is currently constructing underground utilities to serve the Meadows at Chandler Creek, Section 24, and WHEREAS, AGRI is about to award a contract for the Section One Offsite Drainage Improvements at Chandler Creek, and WHEREAS, the City of Round Rock has required that the drainage facilities being constructed at this time by AGRI be sized to accommodate the 100 -year developed flow requirements of approximately 40 acres of land south of the Meadows at Chandler Creek, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with AGRI dated June 15, 1993 detailing certain revisions to the 116 July 8, 1993 utility and drainage construction project described above, said agreement being attached hereto and incorporated herein as Exhibit "A". RESOLVED this 8th day of July, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Noes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper None ACTION: The motion carried unanimously. 9.D. Consider a resolution authorizing the Mayor to enter into an Escrow Agreement with the Texas Department of Transportation for water and wastewater line improvements for the Round Rock Avenue/Marrs Street project. Joe Vining made the staff presentation. This agreement is required by the Texas Department of Transportation to establish the City's participation in the Round Rock Avenue/Mays Street project. This agreement for the relocation of water and wastewater lines is for $349,614.39 and will be paid for from the utility fund. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City desires the construction of water and wastewater line improvements for the Round Rock Avenue/Mays Street project, and WHEREAS, the State of Texas, by and through its Department of Transportation will provide such construction in exchange for a contribution from the City of $349,614.39, and WHEREAS, an Agreement has been prepared providing for such construction and contribution, and WHEREAS, an City Council wishes to approve said Agreement, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, iii July 8, 1993 That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement with the Texas Department of Transportation for the construction of water and wastewater line improvements as described above, said Agreement being attached hereto and incorporated herein as Exhibit "A". RESOLVED this 8th day of July, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MC TION:: Mayor Pro -tem Stluka moved to approve the resolution. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.E. Consider a res lution authorizin the Ma or to enter into an Escrow Agreement with the Texas Department of Transportation for lighting, sidewalk and curb and jgigtter improvements for the Round Rock Avenue/Mays Street project. Joe Vining made the staff presentation. This agreement provides for the installation of street lights, sidewalks and curbs and gutters. The amount is $193,218.14 and will be paid for from interest income from street bond projects. In response to Councilman Joseph's question, Vining said that the lighting will be the same design as the one on Main Street. Mayor Culpepper noted that Pavex has offered a gift of 5000 square feet of paving stone for the sidewalks. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City desires the construction of lighting, sidewalks and curb and gutter improvements for the Round Rock Avenue/Mays Street project, and 118 July 8, 1993 WHEREAS, the State of Texas, by and through its Department of Transportation will provide such construction in exchange for a contribution from the City of $193,218.14, and WHEREAS, an Agreement has been prepared providing for such construction and contribution, and WHEREAS, an City Council wishes to approve said Agreement, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement with the Texas Department of Transportation for the construction of lighting, sidewalks, and curb and gutter improvements as described above, said Agreement being attached hereto and incorporated herein as Exhibit "A" RESOLVED this 8th day of July, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tem Stluka moved to approve the resolution. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.F. C nsider a resolution authorizing the Mayor to enter into an agreement far the installation of ballfield l ghts in Old Settlers Park at Palm Valle . Sharon Prete made the staff presentation. Two bids were received and opened on June 29. Sports Facilities Co. submitted the low bid of $35,850.00. Staff recommended acceptance of the bid from Sports Facilities Company. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase and installation of ballfield lights in Old Settlers Park at Palm Valley, and WHEREAS, Sports Facility Company has submitted the lowest and best bid, 119 July 8, 1993 and WHEREAS, the City Council wishes to accept the bid of Sports Facility Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Sports Facility Company is hereby accepted as the lowest and best bid and the purchase and installation of ballfield lights in Old Settlers Park at Palm Valley is hereby authorized. RESOLVED this 8th day of July, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Noes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper None ACTION: The motion carried unanimously. APPOINTMENTS: 10.A. Consider 1 a1212ointmgnt to the Development Review Board. Joanne Land made the staff presentation. Mayor Culpepper opened the floor for nominations. Glen Pierce was nominated. MOTION: Councilman Joseph moved to appoint Glen Pierce by acclamation. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman. Stewart Councilman Palmer Councilwoman Chavez 120 July 8,1993 Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.B. Consider 1 appointment to the Environmental Advisory Board. Joanne Land made the staff presentation. One position is up for appointment. This position is for someone that has an interest concerning the environment. Two letters of interest have been received. Mayor Culpepper opened the floor for nominations. Frank H. Del Castillo, Jr. was nominated. MOTION: Councilman Palmer moved to appoint Frank H. Del Castillo, Jr. by acclamation. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. DISBURSEMENTS: 11.A. Consider a ent to Vicon Constructors Inc. for the 1993 McNeil Road Storage Tank Repair in the amount of $19.504.80. 11.B. Consider payment to Fisher Hagood & Heil, Inc. for engineerin services for the Creekbend Boulevard iml2rovemgnts in the amount of $9,075-00. 11.C. Consider payment to COR Construction Co. Inc. for Chisholm Trail Maintenance and Safet. Improvements in the amount of $29,192.25. 11.D. Consider payment to Southwestern Underground Supply for the Northeast Round Rock Utility Main inspection ject in the amount of $22.901._77. MOTION: Councilman Joseph moved to approve the disbursements. Councilman Morgan seconded the motion. 121 July 8, 1993 VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayer Culpepper Noes: None ACTION: The motion carried unanimously. NEW BUSINESS: 12.A. Consider acre tance of subdivision improvements for Oaklands Section 3B. Jim Nuse made the staff presentation. The subdivision improvements are complete and staff recommended approval. M O T I O N: Councilman Joseph moved to accept the subdivision improvements. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 12-B.—Consider acceptance–of Planned Unit Development No. 4 Forest Cre k Wastewat r Service Improvements. Jim Nuse made the staff presentation. The subdivision improvements are complete and staff recommended approval. MOTIQN: Councilman Stewart moved that the subdivision improvements be approved. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart 1.22 July 8, 1993 Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTIQN: The motion carried unanimously.. 12.C. Consider than e order f r CUR Construction Co. Inc. for Clark Street road improvements. Jim Nuse made the staff presentation. The Northern section of Clark Street, off of Sam Bass Road, is in poor condition. This change order would allow COR Construction who is currently improving Chisholm Trail, to repair that section of roadway. It will include rebuilding the base section and a two course seal coat. The total price will be $7,460.95. Brandi Lane is recommended for a seal coat in the FY 93 maintenance program. MUTTON: Mayor Pro -tem Stluka moved to approve the change order. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. QLD BUSINESS: At Mayor Culpepper`s request Jim Nuse reported on the status of the recent benzene leak at the 7-11 off of Sam Bass Road which affected the Brushy Creek MUD wells. He said the City`s water system was tested and was not affected by the leak. The City reached a historic peak level of 15.7 million gallons of water per day this past week. All of the records have not been .received from Brushy Creek MUD but staff has started reading the meters beginning Tuesday, June 29th. The latest information staff has is that Brushy Creek MUD has used 1.4 million gallons and Tonkowa 123 July 8, 1993 Springs has used 260,000 gallons of water from the City's system. CITY MANAGER'S REPORT: None COUNCIL COMMENTS: The Council encouraged everyone to attend the Frontier Days activities. They also wished Councilman Morgan's wife, Vickie, a happy fortieth birthday. Councilman Stewart noted that if the Fast Draw event was going to continue then the distribution of prize money should be equal between male's and female's. Councilman Palmer said he has had many people ask if the City could have a fireworks event for the Fourth of July. Mayor Culpepper appointed Councilman Palmer and Councilman Joseph to a committee to work on this for next year. Councilwoman Chavez wished her husband a happy 22nd anniversary. Mayor Culpepper reminded everyone of the Old Settlers reunion at Old Settlers Park at Palm Valley and the activities they will have. ADJOURNMENT: There being; no further business, the meeting adjourned at 7:35 p.m. Respectfully Submitted, i Joanne Land, Assistant City Manager/ City Secretary .124 July 20, 1993 The Round Rock City Council met in Regular Session on Thursday, July 20, 1993 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro -tem Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Joseph. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: July 8, 1993 MOTION: Councilman Joseph moved to approve the minutes as submitted. Councilman Morgan seconded the motion. VOTE: Ayes: Noes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph. Mayor Culpepper None ACTION: The motion carried unanimously. CITIZENS C MMUUNICATI NS: None PROCLAMATIONS: None PRESENTATIONS: 6.A. Consider a presentation concerning a request from Round Rack Sertoma Girls Softball for funds from the Facility Development Fund. Sharon Prete made the staff presentation. The City Council established a Facility Development Fund on May 13, 1993 which totaled $150,000. Prior to the fund's establishment, the Sertoma Girls Softball Association initiated the purchase of ballfield lights for field #3, to insure the field being ready for the national tournament, to be held in August. Staff recommended support of the project and approval of a disbursement to the Sertoma Girls Softball Association in the amount of $10,000. PUBLIC HEARINGS: 7.A. Consider public testimony regarding the request filed by Dell Computer 125 July 20, 1993 Corporation to rezone 19.683 acres District MF out of the .ASA Thomas Survey. Abstract No. 609 to District __C _1 (General Commercial). Bob Bennett made the staff presentation. This tract is located on the east side of Greenlawn Boulevard, immediately south of Greenlawn Place. Dell Computer has requested a zoning change for this 19.683 acre tract from Multi -Family to General Commercial so they can build a manufacturing/assembly facility. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 7.B._ Consider public testimony regarding the request filed by Dell Computer Corporation to rezone 12.274 acres District TF out of the ASA Thomas Survey, Abstract Nva. 609 to District C-1 (General Commercial). roe Vining made the staff presentation. This tract is located on the west side of Greenlawn Boulevard, immediately south of Windy Terrace and Kensington Place. Dell Computer has requested a zoning change for this 12.274 acre tract from Two -Family to General Commercial. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: S.A. Consider an ordinance amending the 1992-1993 Operating Budget. Second Reading) David Kautz made the staff presentation. There were no changes since the first reading of the ordinance. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO, AN ORDINANCE PROVIDING FOR THE REVISION OF THE BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 1992-93. MOTION: Councilman Joseph moved to adopt the ordinance. Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez 126 July 20, 1993 Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 8.B. Consider an ordinance to rezone 19.683 acres District MF out of the ASA Thomas Survey, Abstract No 609 to District C-1 General Commercial). First Readingl Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO VISIT: TO CHANGE 19.683 ACRES OF LAND OUT OF ASA THOMAS SURVEY, ABSTRACT NO. 609, ALSO BEING A PART OF THE DELL CENTER SUBDIVISION, ROUND ROCK, 'WILLIAMSON COUNTY, TEXAS, FROM DISTRICT MF (MULTI -FAMILY RESIDENTIAL) TO C-1 (GENERAL COMMERCIAL). MOTION: Mayor Pro -tem Stluka moved to adopt the ordinance. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer 127 July ?0,1993 Councilwoman Chavez Councilman. Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 8.C. Consider an ordinance to rezone 12.274 acres District TF out of the. ASA Thomas Survey, Abstract No. 609 to District C-1 (General Commercial). (First Reading) Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CGDE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO CHANGE 12.274 ACRES OF LAND OUT OF ASA THOMAS SURVEY, ABSTRACT NO. 609, ALSO BEING A PART OF THE DELL CENTER SUBDIVISION, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT TF (TWO-FAMILY RESIDENTIAL) TO C-1 (GENERAL COMMERCIAL). MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Stewart seconded the motion. VOTE: Ayes: Noes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper None ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart 128 July 20,1993 Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 9.A.Consider a resolution amending the 1992-1993 Hotel/Motel budget (District 30 Little League) (Round Rock Sertoma Girls Softball). Joanne Land made the staff presentation. Two requests for Hotel/Motel money were received by the staff. Round Rock Sertoma Girls Softball requested $2,500 for the Pony National/International Girls Slow Pitch Softball Tournament to be held the first of August. Last year's tournament brought over 4,000 people to Round Rock for a five day period. Girls Softball is expecting the same turnout this year. The second request was from District 30 Little League. They requested $2,500 to help defray costs for the Little League Sectional Playoffs to be held the end of July. They are expecting approximately 5,000 people to attend the 52 team tournament. The current Unallocated Fund Balance in the Hotel/Motel Fund is $39,555. The two requests total $5,000 which would leave a balance of $34,555 in the fund. Staff recommended approval of both requests. David Solomon, District Administrator for Little League District 30, outlined the playoff activities. He also explained how the requested funds would be used. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City Council has previously adopted by resolution a 1992.93 budget for the expenditure of hotel tax funds, and WHEREAS, the Council wishes to amend said budget to provide for a disbursement to the District 30 Little League, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the 1992-1993 budget for the expenditure of hotel tax funds be amended as set forth in Exhibit "A" to provide for a disbursement to the District 30 Little League. RESOLVED this 20th day of July, 1993. CHARLES CULPEPPER, Mayor City of Found Rock, Texas July 20, 1993 ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem 'Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.13. Consider a resolution authorizing the Mayor Wo-siM a Petition for Delegation Appearance and to appeaLbefore the Texas Transpartation Commission to request funding for the -interchange improvements at IH -35 and Cownty CountyRoad 1.70. This item was withdrawn from the agenda. 9.C. Consider a resolution encouraging -Williamson County to 121ace an EMS vehicle and crew at Fire Station No. 3. This resolution formally requested the. County to place an EMS unit at Fire Station No. 3. Space is available and this would better serve the citizens. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, population growth in the Round Rock area has resulted in the need for additional Emergency Medical Services (EMS), and WHEREAS, the City's new Fire Station No. 3 has sufficient space to house an additional EMS vehicle and crew, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council of Round Rock hereby encourages the Williamson County Commissioners Court to place an EMS vehicle and crew in Fixe Station No. 3. RESOLVED this 20th day of July, 1993.. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: 129 130 July 20, 1993 JOANNE LAND, City Secretary MOTION : Councilman Palmer moved to approve the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.D. Consider a r solution authorizinz the Ma or to enter into an agreement with Spectrum & Associates for consulting services to water proof Ci Hall. David Kautz made the staff presentation. Staff recommended that Spectrum & Associates be retained to oversee the project to water proof City Hall. Spectrum & Associates has already done the first phase of the project which was to determine the scope of the problem. That information is what staff used to determine the scope of the project. The total cost of the consulting services will not exceed $10,000 plus reimbursables. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires consulting services to provide exterior building rehabilitation assessment services for City Hall, and WHEREAS, Spectrum & Associates has submitted an agreement to provide said consulting services, and WHEREAS, the City Council wishes to enter into said agreement, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND RUCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Spectrum & Associates to provide exterior building rehabilitation assessment services for City Hall, said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 20th day of July, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas 131 July 20,1993 ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Palmer moved to approve the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.E. Consider a resolution authorizing the Mayor to enter into a contract with COR Construction for sludge pumping improvements to the West Wastewater Treatment Plant. Steve Miller, Facilities Engineer, made the staff presentation. This project will replace the current lift station which is 10 years old. It will change the lift station from an open system to a closed system making it much more reliable. COR Construction Company submitted the lowest bid at $89,650.00. Staff recommended award of the contract to COR Construction Company. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the West Wastewater Treatment Plant Sludge Pumping Improvements, and WHEREAS, COR Construction, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of COR Construction, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with COR Construction, Inc.. for the West Wastewater Treatment Plant Sludge Pumping Improvements. RESOLVED this 20th day of July, 1993. CHARLES CULPEPPER, Mayor City of Round Dock, Texas 132 July 20, 1993 ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tem Stluka moved to approve the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: None DISBURSEMENTS: 11.A. Consider payment to OPUS 3 Architects & Engineers for architectural services to Fire Station No. 4 in the amount of $2,360-00. 11.B. Consider payment to Found Dock Sertorna Cirls Softball for softball field lights in the amount of $10.000. 11.C. Consider payment to RTG Partners f r the Civic Center Feasibilit Study in the amount of $1,350-00. MOTION: Mayor Pro -tem Stluka moved to approve the disbursements. Councilman Joseph seconded the motion. VOTE: Ayes: Noes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper None July 20, 1993 ACTION: The motion carried unanimously.. NEW BUSINESS: None OLD BUSINESS: None CITY MANAGER'S REPORT: Bob Bennett noted the Public Works quarterly report was provided for the Councils review. He added the budget team is working on the budget that needs to be presented to the Council on August 1st, as required by the City Charter. The goals of the team are to balance the budget at the effective tax rate, which should be lower than the current tax rate of .62459 and to try to get the employees pay rate as close to the 75 percentile as possible. The team expects to achieve their goals and transmit a balanced budget to the Council on August 1st. COUNCIL COMMENTS: Councilwoman Chavez thanked staff for the time she was given during her tour of the City facilities. She added she would like the residents to know that the City of Round Rock is in good hands due to the City employees having pride in their work and their City. Councilman Joseph commented on the success of this years Frontier Days and thanked Classic Olds for the use of their vehicles for the parade. Councilman Joseph expressed his resentment of Mr. Wolff's Letter to the Editor in the July 8th issue of the Round Rock Leader concerning the smoking ordinance. He added that as a Councilmember he represents all businesses and citizens of Round Rock equally. Mayor Culpepper wished a belated happy birthday to Councilman Stewart and Sharon Prete. EXECUTIVE SESSION: 16.A. Executive S@5sion as authorized by Article 6252-17 Section 2 Subsection e Vernon's Texas Civil Statutes relating to 12ending and/or contemplated litigation, including, but not limited to. 0 Brushy Creek MUD The Council recessed into Executive Session at 7:25 p.m. and adjourned back into Regular Session at 7:36 p.m. LD BUSINES : 17.A. Consider discussion and/or action on pending litigation, including, but not limited to Q Brushy Creek MUD 133 134 July 20, 1993 MOTION: Mayor Pro -tem Stluka moved to approve the contract that was discussed during Executive Session. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. ADJOURNMENT. There being no further business, the meeting adjourned at 7:37 p.m. Respectfully Submitted, WVW ka� Joanne Land, Assistant City Manager/ City Secretary 135 July 27,1993 The Round Rock City Council met in a Special Called City Council/Round Rock School Board of Trustees Meeting on Tuesday, July 27, 1993, at 6:30 p.m. in the Round Rock Chamber of Commerce Board Room, 212 East Main Street. ROLL CALL: Those Councilmembers present were Mayor Charles Culpepper, Mayor Pro -tem Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Those members present from the School Board were President Judy McLeod, Vice -President Marilyn Blewett, Secretary Nelda Click, Boardmember Oscar Perez, Boardmember Archie Holmes, and Boardmember Kathi Seay. Boardmember Juan Aguilera was absent because he was out of town on business. Also present were Assistant City Manager/City Secretary Joanne Land., Joe Vining, Director of Planning, 'Wes Wolff, Chief of Police, Dr. Dan McLendon, School Superintendent and staff members from the School District. INTRODUCTION OF CITY COUNCILMEMBERS AND SCH0QL DISTRICT BOARD OF TRUSTEES: President McLeod introduced the members of the School Board staff that were present. Mayor Culpepper introduced the members of the City Council and staff that were also in attendance. N IDER DISCUSSION OF MATTERS OF MUTUAL INTEREST: The following topics were discussed during the work session: Swimming Pool Mayor Culpepper stated that the City can not afford to build a swimming pool and buy the land for the facility, but with the help of the school district the project can become a reality. The City can apply for a 50/50 matching grant to construct the pool. It was noted that the grant, through the Parks & Wildlife Department of the State, applies mly to outdoor pools. If the pool is covered in anyway before, during or after construction, the grant money will have to be returned. At the request of President McLeod, Jesus Chavez introduced. Mac. Ragsdale and Betty Trent of Architecture Plus who were hired by the school district to design a development that would include a transportation center, swimming pool, and additional high school parking. The site discussed was off of Deepwood next to Round Rock High School. Trent used an architectural drawing to explain their 136 July 27,1993 design.. There was discussion on the type of pool, specifics for the facility, and use of the pool parking area. Mayor Pro -tem Stluka suggested that staff from the City and school district meet to discuss the logistics of the pool facility and discuss the specific site at a later date. Mayor Culpepper noted the next time the City can apply for a grant is in January; so all details of the pool facility need to be worked out as soon as possible. Dr. McLendon is to contact Joanne Land with the appropriate names of the school representatives. Transportation Center Trent continued to use the architectural drawing to explain where the transportation center would be located on the Deepwood site. There was discussion on: why the site was chosen for the center instead of other locations; the plans that were already approved for the fuel storage tanks and the $65,000 that was spent; and the health and safety factors of having buses located on the proposed site. Dr. McLendon said in response to the storage tanks on the Deepwood site issue that there has been no activity on the site and his staff has been looking at other locations for the transportation center. He added that his staff will comply with the direction of the School Board. This is another issue to be addressed by a "sub -team" from both entities. School Site Officer: Chief Wes Wolff noted this pilot program would have a police officer on campus full time. He would be available to teach life skill classes, drug awareness, and handle any problems that may occur. The school district would pay the officer's salary while school is in session and the City would pay his salary during the summer months. The estimated cost for the school district is $24,389 and $8,130 for the City. There was discussion whether the officers function would be basically security or awareness and prevention programs. A, consensus was given on Mayor Pro -tem Stluka's suggestion that the two 137 July 27, 1993 entities meet to form a job description for the officer and to have this issue resolved. in the next two or three weeks.. Auditorium In response to President McLeod"s question, Vining said, "the feasibility study was not completed and a survey was being developed to receive input from the community concerning an auditorium." President McLeod noted "this is a definite community need for both entities." In conclusion, the City Council and School Board gave their consensus to form a committee that would discuss the concerns and questions that were brought up during the meeting. The committee would have representatives from the Council, School Board, and staff from the City and School District. President McLeod noted that Dr. McLendon would contact the City to provide the names of the school staff that would be on the committee. Mayor Culpepper noted that Sharon Prete would represent the City staff on the pool issue. ADrC7URNMPNT: There being no further business, the meeting adjourned at 8:50 p.m. Respectfully Submitted, Joanne Land, Assistant City Manager/ City Secretary 138 July 30, 1993 The Round Rock City Council met in an Emergency Session on Friday, July 30, 1993 at 12:00 noon in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Charles Culpepper, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Mayor Pro -tem Robert Stluka and Councilman Rod Morgan were out of town. Also present were Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Ron Meredith, resident of Oak Bluff Estates, read the following prepared letter: "'Mr. Mayor and Members of the Council: In reference to the resolution you are here to consider regarding the providing of emergency supply of water to the Round Rock Water Supply Corporation and, therefore, to the residents of Oak Bluff Estates Subdivision, I offer the following comments. Mr. Mike Shofner and I inserted ourselves into this situation in an effort to facilitate immediate action towards a solution through communication between the Round Rock Water Supply Corporation and officials of the City of Round Rock. Our primary and immediate concern was, and is, for the safety of our families, friends, and neighbors in the Oak Bluff Estates subdivision. From the information we have received, it is apparent that lives and property are in danger due to the lack of water supply to provide fire protection. Given the drought conditions and the concentration of construction in our neighborhood, the potential of fire is greater than normal. In response to our request Mr. John Jones, President of the Round Rock Water Supply Corporation, and representatives of the City of Round Rock, specifically Mar. Jim Nuse, Director of Public Works, Mr. Stephan Sheets, City Attorney, Mr. David Kautz, Finance Director, and Ms. Joanne Land, Assistant City Manager/City Secretary, have been extremely helpful, cooperative, and kind while trying to help resolve this difficult and stressful situation. I personally, and I know all the residents of Oak Bluff Estates, are grateful to these and to you for the attention and effort put forth in this matter. I urge you to approve the resolution immediately, and with the sense of urgency, apply all necessary resources to the execution and implementation of the emergency interconnect. Additionally, I 139 July 30, 1993 want to encourage you to not forget about the long term issues of water services for the Oak Bluff Estates subdivision. Now that the City of Found Rock has annexed this neighborhood, you have an obligation to provide services to your adopted citizens. The Round Rock Water Supply Corporation has presented a proposal to sell the existing system to the City and to date have not received any response from you. I ask you to at least respond so that the lines of communication and negotiation may be open. Again I thank you for your attention to these issues. I appreciate this chance to be allowed to speak." Mayor Culpepper informed Mr. Meredith that the Round Rock Water Corporation did receive a verbal response from the City concerning their offer and a letter will also be sent. PRESENTATIONS: 4.A. Consider a presentation regarding a request from Round Rock Water Supply Corporation for an emergency supply of water through an emergency interconnect with the Manville Water Supply Corporation. ,Jim Nuse made the staff presentation. He responded to concerns that were brought up regarding the quality and adequacy of the City's water supply. He said, "Even though the City is currently supplying water to Brushy Creek and Tonkowa Springs because of gasoline contamination in their wells, the City of Round Rock water is still of very high quality and has a very strong water supply, a very strong delivery system, and a very strong system that can supply water not only to Round Rock's current customers but also assist those in current need of water." Nuse added that Bruce Levans from the Water Plant, as well as Fred Russell and Ronnie Jean from the distribution system, were present to answer questions the Council might have. Mr. Sheets informed Jim Nuse that there was water rationing in Oak Bluff and the golf course was experiencing some low water pressure the first of this week. At the direction of Mayor Culpepper, staff contacted the Round Rock Water Supply Corporation operator, Terry Tuttle, to see if there was any way the City could assist them in supplying some emergency water to the subdivision. Nuse explained that an interconnection could be made with the help of Mr. Carl Samuelson and the Manville Water Supply Corporation. The City can supply water to the Manville Water Supply line which in turn will get into the Oak Bluff system. 140 July 30,1993 in response to Councilman Stewart's questions, Nuse said, "The water could possibly be turned on late this evening. Also there was a loss of water pressure in Oak Bluff Estates which would, as a precaution, require boiling water before drinking it. This is only until the bacteriological test can be taken and verified through State laboratories." Muse explained the process that is taken to prevent a back flow into the City's system when the connection is made. He added, "There is no way that there can be any potential for contamination of the City system." In response to Councilwoman Chavez's question, Jane Montgomery of the Texas Water Commission said, "The boiled water order will be issued this afternoon and is being taken care of right now." She added, "There has never been a problem with the City of Round Dock water system. The contamination (noted earlier) occurred in outlying systems and this outage is occurring in another outlying system. There has never been a problem with the City of bound Rock system. The system is in excellent condition. There is plenty of water to supply these other systems and plenty of storage capacity so I don't see any problem at all." In response to Councilman Joseph's question, Montgomery said, "As soon as the City water gets into the Water Supply Corporation line, samples will be taken for bacteriology. It then takes about 24 to 48 hours to get those results back. Then it will be safe for the residents to drink the water. Samples were taken yesterday afternoon of the Water Corporation System and those results should be out this afternoon." She added she expects those tests will be alright along with the others that will be taken. RESOLUTI NS: S.A. Consider a resolution authorizing the provision of a thirty (30) day emergency supply of water to the bound Rock Water Supply Corporation through an emergency interconnect with the Manville Water Supply Corporation. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Round Rock Water Supply Corporation ("RRWSC") is the sole source of water for the Oak Bluff Estates Subdivision, and WHEREAS, the RRWSC well and distribution system is experiencing water shortages resulting in a lack of sufficient water reserves to fight fires, and WHEREAS, the shortage of water constitutes an emergency situation and is an imminent threat to public health and safety, and WHEREAS, the RRWSC has submitted a request to the City for emergency 141 July 34,1993 water service, and WHEREAS, the City has sufficient capacity to supply RRWSC with an emergency supply of water for a thirty (34) day period, and WHEREAS, the City is able to supply water to RRWSC through an emergency interconnect with the Manville Water Supply Corporation ("MWSC"), NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, That the City Council hereby offers to serve the RRWSC with an emergency supply of water in accordance with the following terms: 1. The supply of water will be on an emergency basis only and shall terminate upon the expiration of thirty (30) days hereof or when the emergency is over, whichever first occurs, 1 Any extension of the term of the emergency supply of water must be approved by resolution of the City Council; 3. The RRWSC shall be responsible for paying for all water passing through the meter located at the interconnect between the City's system and MWSC's system; 4. The rate for water supplied by the City to RRWSC shall be in accordance with the Outside City Limits rate adopted by the Council in Ordinance No. 974, as amended; 5. The City shall have the right to terminate this emergency service at any time without notice to RRWSC, if it is deemed necessary to protect the health, safety, and welfare of the permanent water customers of Round Rock, and b. The RRWSC shall agree to indemnify and hold harmless the City from any damages or costs arising out of the provision of this emergency water service. BE IT FURTHER RESOLVED, That the emergency water service shall begin upon completion of the emergency interconnect between the City's system and MWSC and upon receipt by the City of a letter from RRWSC agreeing to and accepting the terms of the emergency service as set forth in this resolution. RESOLVED this 34th day of July, 1993. CHARLES CULPEPPER, Mayor ATTEST: JOANNE LAND, City Secretary MOTION:. Councilman Joseph moved to approve the resolution. Councilman Palmer seconded the motion. Mayor Culpepper said, "Once again I'm proud that the City of Round Rock has the ability and capacity to extend their hand to a neighbor that is having water problems; and because Ron Meredith and Mike Shofner took the time to come to staff and discuss this." He added, "Staff had heard there was a problem but had not been approached directly by the Board of Directors of Round Rock Water Supply or it's President." Mayor Culpepper thanked Jim Nuse and his staff for helping develop a system that has the capacity to help `•our neighbors." VOTE: Ayes: Councilman Stewart Councilman Palmer Councilwoman Chavez 142 July 30, 1993 Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka. Councilman Morgan ACTION: The motion carried unanimously. ADIOURNMENT: There being no further business, the meeting adjourned at 12:15 p.m. Respectfully Submitted, Joanne Land, Assistant City Manager/ City Secretary 143 August 12, 1993 The hound Rock City Council met in Regular Session on Thursday, August 12, 1993 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro -tem Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: Regular Session July 20, 1993; Joint City Council /School Board Session, JWy 27, 1993 Emer_. gency Session July 30, x,993 MOTION: Councilman Joseph moved to approve the minutes as submitted. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes:. Mone ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Todd Burgen, Recreation Supervisor, informed the Council that this is the first year for the track and field program. Of the 36 individuals who signed up for the program, fourteen qualified to go to the El Paso track meet. Burgen introduced those youths and others that competed in various meets. Jerry Featherston, 916 Blue Sparing Circle, spoke in favor of recycling. She encouraged the Council to support the curbside recycling program. John Readyhough, 1506 Provident Lane, noted his support of the curbside recycling program. Angela Clevenger, 602 Hawthorn Lane, spoke in favor of the curbside recycling program. PROCLAMATIONS: None 144 August 12, 1993 PRESENTATIONS: 6.A. Consider an update by the Environmental Advisory Board on a proposed curbside recycling program for the City of Round Rock Dianna Kocurek, Chairperson of the Environmental Advisory Board, introduced Jeff Williams and Laura Gold of the Round Rock Nigh School Environmental Club. The students gave a presentation on the results of a recycling survey the club conducted at the High School. They concluded that the results show a high percentage of the students would be in favor of curbside recycling. Kocurek made the presentation and recommendation on behalf of the Environmental Advisory Board. She said the survey was conducted by the Environmental Advisory Board with the help of the Round Rock High School Environmental Club. A water bill listing was used to randomly poll 248 residents. Kocurek outlined the results of the recycling survey. She added that the results shows that 95% of the Round Rock residents want curbside recycling and they are willing to pay for it. The program would require all residents to pay a fee for recycling. ltems that will be recycled are aluminum, glass, plastic, steel cans, and newspaper. The type of bin will be determined by the recycling fee. Kocurek outlined the recycling programs for Austin, Pflugerville, Georgetown, and San Marcos. In conclusion Kocurek noted the following statement as the official recommendation. "The Round Rock Environmental Advisory Board recommend that the City Council implement a curbside recycling program with pickup to begin by January 1, 1994. All residential customers with individual water bills should be included in the program and the fee added to their water bill. Newspapers, glass, steel cans, plastic, and aluminum should be included in the program and picked up weekly. The contract process should begin immediately to ensure implementation of curbside recycling by January 1, 1994.,' Mayor Culpepper asked that this issue be discussed at the Council Work Session on Saturday, August 21st. Mayor Pro -tem Stluka asked Kocurek to provide the Council with additional information gathered in their study for the recycling program especially what contractors provide their services to the cities she noted. Also what kind of study was done regarding the market that is available for the particular items that will be 145 August 12, 1993 recycled; and how the oil is disposed of when it is included in the same container with other recyclables. Councilman Joseph asked if a survey can be inserted in the envelope with the water bills. Staff said it was possible. Councilman Morgan asked if there was any revenue from the recyclables and who would get the money. He added his concern of citizens having to pay for something that only 30% to 40% of the residents would use. He added that the recycling center needs more publicity. Mayor Culpepper informed the Council that CAPCO approved a 'Water Commission grant for three mobile oil redemption centers for the rural areas of Williamson. County. 6.B. Consider a presentation concerning renovations tp the swimming ool. Randy Gordon, Parks Superintendent, made the staff presentation. Staff is planning to have the municipal pool, which was constructed in 1976, resurfaced during the month of September. Staff recommended that the pool be resurfaced with fiberglass instead of plaster because it is more cost effective. The fiberglass requires less chemicals, lass maintenance, longer surface guarantee, and better appearance. The cost to re -plaster the pool during a 25 years period is $135,400. The cost for fiberglass is $35,000 for a one time application and is guaranteed for up to 25 years. The re - plastering is .guaranteed for one year with a life expectancy of 3 to 5 years.The resurfacing will be funded with interest income from the 1987 Certificates of Obligation issued for the land acquisition of Old Settlers Park at balm Valley. The swim teams have been notified of the proposed renovations. 6.C. Consider a presentation concerning the West Round Rock Water System. Jim Nuse trade the staff presentation. Several years ago the City of Round Rock became a participant in a joint water line construction project with the developers of several parcels of land West of town. Specifically several miles of line from 42" to 16"' were built by E.C. Joint Venture, Highland J.V., Lomas Land Nista Oaks), Milburn (Fern Bluff), and the City of Round Rock. The City's portion is to be paid for out of "Oversize Fees." The project is essentially complete. It was agreed to by the parties that two line segments would be deferred until the future. Staff recommended the reimbursement of the City's portion of the costs, $513,570.52, to 146 August 12,1.493 the developers that initially paid for them in accordance with the agreement. 6.D. Consider a presentation requesting 'improvements at the Pony Colt Baseball Complex. Sharon Prete made the staff presentation. The Pony/Colt Association is the third organization to come forward with a matching fund request for ballfield lights. The estimated cost of the project is $38,317.00, half of which will be funded by the City's Facility Development Fund and half by the organization. Staff recommended approval of the request. The Council gave their approval for the matching fund and for staff to proceed with the bid process. PUBLIC HEARINGS: None ORDINANCES: None RE C LUTIONS: 9.A. Consider a resolution authorizing the Mayor to sign a Petition for Dele ation A earance and to appear before the Texas Transportation Commission to re ue t fundin for interchan a irn rovements at IH -35 and County Load 170. (Withdrawn 712Q/931 Hugh Bender, Principal Planner, made the staff presentation. This resolution authorizes the Mayor to sign a petition for a delegation appearance before the Texas Transportation Commission on September 28, 1993. The purpose of the appearance will be to present the need of improvements to the IH -35, FM1325, and County Road 170 intersection. The proposal seeks funding from the State for the purchase of the necessary right-of-way and construction of: 1. IH -35 East Frontage Road - Widening of the existing pavement from 754 feet south to 1000 feet north of CR 170 to provide three northbound lane with a right turn lane at CR170 (SH -45 Frontage Road); 2. IH -35 West Frontage Road - Widening of the existing pavement from 1000 feet north to 750 feet south of FM 1325 to provide three southbound lanes with a right turn lane at the SH -45 North Frontage Road; 3. SH -45 North Frontage Road from 1200 feet west of IH -35 to 900 feet east of Greenlawn Boulevard, including a three land bridge over IH -35 with turnarounds east and west of the existing frontage roads; 4. FM 1325- Resurfacing and pavement markings from a point 1200 feet west to IH -35; and, -- 5. CR 170 - Resurfacing and pavement markings from IH -35 to 9[10 feet east of Greenlawn Boulevard, including five lane pavement section of Greenlawn Boulevard between SH -45 Frontage Roads. Staff recommended approval of the resolution. Mayor Culpepper read the following resolution. RESOLUTION NO. 147 August 12, 1993 WHEREAS, because of present growth in South Williamson County, the existing highway facilities at the intersection of IH -35 and CR 170/FM 1325 are currently operating beyond their desirable level of service and are rapidly approaching an unacceptable level of service; and WHEREAS, Dell. Corporation has announced its relocation to the northeast quadrant of the intersection; and WHEREAS, a retail shopping center with several retail pad sites adjacent to IH -35 and CR 170 is proposed; and WHEREAS, the capacity of the existing highway facilities at that intersection cannot accommodate the increased vehicle trips generated by the current and projected growth in this area; and WHEREAS, the Austin Transportation Study (ATS) and Texas Department of Transportation District 14 (TxDoT) show in their long-range plans that they intend construction of a multilevel interchange with four-way direct connectors at this intersection; and WHEREAS, certain interim improvements are required in the immediate future to relieve the traffic problems that are the result of present and projected growth from currently planned projects; and WHEREAS, the principals of MB Boardwalk Limited have, at their expense, employed consultants and attorneys to assist in the preparation of a Petition for Delegation Appearance before the Texas Transportation Commission at its meeting on September 23, 1993, to request funding to design and construct these interim improvements; and WHEREAS, Williamson. County has passed a resolution supporting this petition and authorizing the Williamson County Judge to sign the petition and to appear, or to appoint a county commissioner to appear, with the delegation before the Transportation Commission on behalf of Williamson County; and WHEREAS, the proposed interim improvements and the ultimate facility contemplated in the ATS and TxDoT long-range plans are and will be required at this intersection and their construction is of great importance to the citizens of Round Rock who will live, work or shop in that area; Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor of Round Dock is hereby authorized and directed to sign on behalf of the City the Petition for Delegation Appearance prepared by MB Boardwalk Limited seeking that the Texas Transportation Commission recognize the critical need for the interim improvements proposed in that petition and fund the construction of those improvements and the acquisition of right-of-way necessary for such construction. BE fT FURTHER RESOLVED, That the Mayor of Round Rock is hereby authorized to appear, or to request that a council member and/or staff member appear, with the delegation before the Transportation Commission on behalf of the City of Round Rock to support the petition and to seek a waiver, if necessary, from any further requirement for local government participation from Round Rock related to the interim improvements described in that petition. RESOLVED this 12th day of August,1.993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: Joanne Land, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Mayor Pro - tern Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart August 12, 1993 Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Moes: None ACTION: The motion carried unanimously. 9.B. Consider a resolution amending the Williams n County and Cities Health District Cooperative Agreement. Joanne Land made the staff presentation. The 'Williamson County & Cities Health District Board requested two changes to the current agreement between that body and the cities in Williamson County. With the resignation of Dr. Clarence Skrovan, the director's position is no longer a state funded position but rather a Health District funded position. The hiring and firing of the director has shifted to local control. Under the current agreement, the director is employed by the State Health Department. The Board is asking that current language be amended to reflect the enacted change. The second amendment request addresses the professional status of the director's position. In the current agreement, the director has to be a board certified physician. The Board requested that it be optional as to whether the director is a physician or a non -physician. The current director, Karen 'Wilson, is a registered nurse. Staff recommended approval of both requests. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City has previously entered in an agreement ("Agreement") with the Williamson County and Cities Health District, and WHEREAS, the Health District has requested the City's approval of two amendments to the Agreement, and WHEREAS, the City Council wishes to approve of said amendments, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an amendment to the Agreement, such amendment to be in accordance with Exhibit "A", attached hereto and incorporated herein by reference. RESOLVED this 12th day of August, 1993. ATTEST. Joanne Land, City Secretary CHARLES CULPEPPER, Mayor City of Round Rock, Texas 149 August 12, 1993 MOTION: Councilman Joseph moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.C. Consider a resolution authorizing the Mayor to enter into an agreement with Union Pacific Railroad for improvements to the railroad crossings on Sam Bass Road and RM 620. Jim Nuse made the staff presentation. These agreements will allow the railroad to improve the crossings at Sam Bass Road near Murphy's Nursery and RM 620 just west of Chisholm Trail. This is a cost sharing agreement with the City paying about one third of the cost. The City's cost for RM 620 is $4,405 and $7,306 for Sam Bass Road. Staff recommended approval of the agreements. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Union Pacific Railroad Company ("Union Pacific") and the City's Public Works Department have determined that it is desirable to replace the existing railroad crossings at RM 620 and at Sam Bass Road with new material, and WHEREAS, the City is willing to share in the cost of replacing said crossings, and WHEREAS, Union Pacific has proposed two agreements regarding the sharing of the cost, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City two agreements with Union Pacific for cost sharing in the replacement of crossing material at RM 620 and at Sam Bass Road. RESOLVED this 12th day of August, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: Joanne Land, City Secretary MOTION: Mayor Pro -tem Stluka moved to approve the resolution. Councilman Stewart seconded the motion. 150 August 12, 1993 VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.D. Consider a resolution authorizing the Magor to sign all documents relative to the sale of the Round Rock Country Club. Steve Sheets made the staff presentation. In June of 1991, the City entered into a lease/purchase agreement with Mike and Joe Beneat of Manhattan's Restaurant. They agreed to purchase the Round Rock Country Club for $250,000.00. The Beneats had until June 15, 1994 to close the transaction, but they have decided to close sooner. This resolution authorizes the Mayor to sign the documents necessary to convey the property to the Beneats. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, on June 13, 1991, the City entered into a Real Estate Contract with Mike Beneat and Joe Beneat for the sale of a 16.604 acre tract known locally as the Forest Creek Country Club, and WHEREAS, the Beneats have determined to exercise their option to close the transaction early, and WHEREAS, the City Council wishes to authorize the Mayor to execute all documents necessary to transfer and convey the property, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND RUCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City all documents necessary to transfer and convey the Forest Creek Country Club to Mike Beneat and Joe Beneat. RESOLVED this 12th day of August, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas Joanne Land, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka 151 August 12, 1993 Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: 10.A. Consider 1 appointment to the Electrical Examining and Advisory Board. One position needs to be filled on the Electrical Board. Bill Zapalac submitted a letter of interest. MOTION: Mayor Pro -tem Stluka moved to appoint Bill Zapalac to the Electrical Examining and Advisory Board by acclamation. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -teen Stluka Councilman Morgan Councilman. Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Nees: None ACTION: The motion carried unanimously. DISBURSEMENTS: 11.A. Consider reimbursement on the West Round Ruck Water System in the arnauntof_$513,M0.52. 11.B. Consider payment_ to Baker-Aicklen_ and Associates, Inc. for engineering services for improvements to ._Gattis School Road in the amount of 58,750-00. 11.C. Consider payment to COR Construction Co., Inc. for Chisholm Trail Maintenance and Safety Improvements in the amount of $52,893.18. 152 August 12, 1993 11.D. Consider payment to N.G. Painting, Inc. for the repainting of the McNeil Road Tank in the amount of $41,094.82. 11.E. Consider final payment to Vicon Constructors, Inc. for the 1993 McNeil Road Storage Tank Repair in the amount of $7.770.00. 11.F. Consider payment to Southwestern Underground Supply for the Northeast Round Rock Utility Main inspections in the amount of $24.391.24. 11.G. Consider payment to H.B. Travis Constructors for the Communis Center Improvements in the amount of $15.705.00_. MOTION: Councilman Stewart moved to approve the disbursements. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Noes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper None ACTION: The motion carried unanimously. NEW BUSINESS: 12.A. Consider authorizing the Mayor to ign a letter to Brushy Creek MUD in resi2gnse to a letter received from Jim Donaldson. A copy of the letter is attached as a part of these minutes. See Attachment A. MOTION:. Councilman Joseph moved that the Mayor sign a letter to Brushy Creek MUD in response to a letter received by Jim Donaldson. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph 153 August 12, 1993 Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 12.B. Consider authorizingthe Mayor to sign a letter to Round Rock Water Supply Corporation in response to their request for water. A copy of the letter is attached as a part of these minutes. See .Attachment B. MOTION: Councilman Joseph moved that the Mayor sign a letter to bound Dock Water Supply Corporation in response to their request for water. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 12.C. Consider a request by Tal -Tex Inc. fora waiver to the outside Ci limit water rate for water supplied as a reult of contaminated wells in Tonkawa Springs and other subdivisions. Hector DeLeon, attorney for Tal -Tex distributed a statement to the Council. He noted that Tal -Tex was not requesting a waiver but discussion of the water rate being charged to Tai -Tex. MOTION: Councilman Stewart moved to table- the request from Tal -Tex, Inc. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper 154 August 12,1993 Noes: None ACTION: The motion carried unanimously. OLD BUSINESS: None CITY MANAGER'S REPORT: Bob Bennett informed the Council that he and Phil Brewer have been invited by the Williamson County Commissioners Court to address the Dell Computers situation. He added that staff is willing to speak at Civic and Service Clubs, and neighborhoods to explain the budget. He concluded that he received two letters from residents of E. Austin Avenue concerning the Veterans Park situation. He was very pleased to hear that the neighborhood is coming together to help themselves. A copy of the letters will be provided to the Council. COUNCIL COMMENTS. Mayor Pro -tem Stluka requested a legal interpretation concerning the request from Tal -Tex. Councilman Palmer commented on the success of the softball tournament at Old Settlers Park at Palm Valley. He added that Gibby Dean and his horses are a great asset to the park. EXECUTIVE SESSION: 16.A. Executive Session as authorized by Article 6252-17, Section 2, Subsection (e), Vernon's Texas Civil Statutes relating to pending and or contep3l2lated litigation, including, but not limited to; ii Update f Brushy Creek MUD rate case. The Council recessed into Executive Session at 8:22 p.m. and adjourned back into regular session at 8;35 p.m.. AD QURNMENT; There being no further business, the :meeting adjourned at 8:35 p.m. Respectfully Submitted, Joanne Land, Assistant City Manager/ City Secretary 155 .August 21,1993 The bound Rock City Council met in Work Session on Saturday, August 21, 1993 at 8:00 a.m. in the Police Department Training Room, 611 Palm 'Valley Boulevard. .ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro -tem Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez, and. Councilman Jimmy Joseph. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land, City Attorney Steve Sheets, Municipal judge Dan McNery, and all Department Heads. WORK SESSION: A. Consider discussion of financial matters long range planning and goal sett Dan McNery, Municipal Court judge, outlined his duties and weekly activities as judge. He noted Municipal Court is priority over his personal business and is always on call. There was discussion concerning the municipal court administrative office and the benefits of having the office near the Police Department. Each of the Department Heads briefly outlined their department's responsibilities and activities. The Council and Chief Wolff discussed the status of the High School officer, the accomplishments of the DARE Program, gang activities, concerns of citizens relative to Veteran's Park, and the. DWI Step Program. Mayor Pro -tem Stluka inquired if the civic clubs could be approached to donate special project items that were not included in the proposed budget. Chief Wolff explained problems incurred in the past concerning this issue. The Council felt if handled properly going to the civic clubs would be appropriate. Fire Chief Lynn Bizzell explained that the Fire Department uses an Alarm Map to track all response calls the department receives. As of January 1st there have been 1,364 calls. The map was available for the Council to review. There was discussion on the 911 system, response to grass fires because of the dry weather, and identification and markings of the IPT fire hydrants. It was suggested that a warning message concerning the high potential for grass fires be placed on the cable channel. Sharon Prete and the Council discussed the City recreational facilities that are 156 August 21, 1993 rented out. Either an attendant or an on duty police officer at a function to prevent damage to the property was also discussed. It was suggested that civic clubs and the community help in the maintenance of the Round bock Cemetery. Sharon Prete gave an overview of an Aquatic Center designed by O'Neill, Conrad, and Oppelt. In addition to the drawings, a feasibility study was included that outlined three pool budget options. Councilman Morgan noted that CAPCO has a new program for a hike/bike trail grant and the City might want to find out the details of the program. Future plans for wick Lake and of putting an emphasis on neighborhood parks was also discussed.. Joe Vining gave an overview of companies that have approached the City concerning relocation information; the current plat activity, and Mays Street Improvements. It was suggested that an announcement be placed on the cable channel concerning the presentation on the South Mays Street improvements that will be occurring in the near future. There was discussion concerning Sunday hours for the Library and the limited space in the Library during summer reading programs. Dale Ricklefs went over the TQM goals for the year and informed the Council that an employee newsletter will be distributed to all the employees in September. Jim Nuse outlined the Street Maintenance Program and the Inflow & Infiltration Program. He noted that in 1985 the Public Works department had lag employees and in 1993 there are still 102 employees in Public Works. David Kautz gave a brief overview of the 1993-1994 budget. Using a visual aid he went over the proposed 1994 property tax rate and benchmark of City utility rates of the surrounding cities. Steve Sheets noted he has hired a new associate who will begin in September. This will allow him to provide a better turn around to the midlevel managers and more time on personnel issues. Councilman Stewart said he would like to have the items that were cut from the proposed budget prioritized prior to the mid -year review of the budget. 157 August 21, 1993 There was discussion on the passibility of annexing property along the east side of County Road 172 and off County Road 122. Vining explained that there is a law that prohibits the City from providing service to areas where right-of-way has not been dedicated. He added there are a lot of the properties off County Road 122 which have not been platted or have dedicated right-of-way. The Council discussed the possibility of annexing the right-of-way on the east side of County Road 172 because that area is "out of control."' Councilman Stewart asked that a mobile home ordinance, which would be tough but legal, be drafted before it is actually needed. Vining noted that staff has developed an annexation plan and staff can proceed with it as the Council desires. The last annexation plan that was presented to the Council was in 1988. Vining pointed out the areas that should be annexed in the near future. The Council discussed the necessity of having a policy for illegal subdivisions. Sheets noted that a PID (Public Improvement District) can be done to bring the subdivisions up to City standards. Mayor Culpepper noted that he did not want to annex properties that have undedicated roads because the property owners would want the undedicated road maintained after the annexation. In response to the Council's question, Sharon Prete said that no formal plan has been developed for the ultimate use of the Palm House. She said that various options are being considered which include a museum, or possibly something in conjunction with the development of the Brushy Village such as a restaurant, gift shop or bed and breakfast. Nuse used a map to explain the location of the current and proposed water and wastewater lines. He added the overall system is "in good shape." Nuse briefly updated the Council on the gray water line to Forest Creek and the PUD that was being developed next to the Southgate Apartments. He added that the new development would not affect the drainage problem in the Rubio Subdivision. The Council then discussed recycling. Nuse asked that a subcommittee of Dianna Kocurek, Lisa Gilmour-Stallsworth, Kim Lutz, Jim Nuse, Ralph Rocco and 158 August 21,1993 two Councilmembers be formed to discuss the concerns brought up on the curbside recycling program. Mayor Culpepper asked Councilman Palmer and Councilman Joseph to serve on that subcommittee. Mayor Culpepper said that he wanted to clarify that he was not an advocate for once a week garbage pick up as was stated in the paper. The Council discussed the market for recyclable's, the fee for recycling, and the need for different options that would be cost effective for the citizens. It was stressed that a recycling program needs to include State criteria, be practical, and also address environmental concerns. Councilman Joseph asked that a survey be placed in with the water bills to receive input from all citizens concerning the recycling program. Ralph Rocco said that Round Rock Refuse can provide cost figures on recycling. Mayor Pro -tem Stluka expressed his concern that the least productive employee is scheduled to receive the same raise as the most productive under the 10% pay increase proposal in the 1993-1994 budget. He voiced his displeasure that no formal employee evaluation process was currently in place. Mayor Culpepper said he will support the across the board raises but would like to see employee evaluations put in place after the employees reach the 75 percentile. Councilman Palmer proposed an increase in compensation for the Council; $500 for the Council and $750 for the Mayor. Mayor Pro -tern Stluka voiced his opposition to Councilman Palmer's proposal because there were items that had to be cut from the budget and he would rather have the money go to those cuts. Councilman Stewart added, " I will agree with the proposal when cuts from the budget are totally eliminated." Councilman Joseph agreed with both Mayor Pro -tem Stluka and Councilman Stewart. EXECUTIVE SESSION: A. Executive Session as authorized by Article 6252-17 Section 2 Subsection () relating to; (i) Personnel Issues 15 August 21, 1993 This item was withdrawn from the agenda. AD C7URNMENT: There being no further business, the meeting adjourned at 2:05 p.m. Respectfully submitted, Joanne Land, Assistant City Manager/ City Secretary 160 August x6,1.993 The Round Rock City Council met in Work Session and Regular Session on Thursday, August 26, 1993 at 6:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro -tem Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. WORK SESSION: 3.A. Consider discussion of the proposed 1994-1998 Capital Improvements Program. Joe Vining made the staff presentation. He said the Capital Improvements Program (CIP) is a five year plan for General Obligation Projects. The first year includes items that reflect this year's operation. The other year's include future programs up to 1997-98. The second and third year of the plan includes the most important programs of the five year allotment. The plan does not currently include a swimming pool or a civic center. If the Council wishes to proceed with any of the projects targeted for the second year then a bond election would need to be held prior to October 1, 1994. He concluded that the Capital Improvements Program is a plan which outlines future need for the City. Each Department Head gave a brief explanation of the proposed projects for their department. Sharon Prete noted that the Office/Maintenance facility for the Parks Department will move in the spring of 1994. Bond funds will not be used for the move. The land acquisition listed is for 200 acres of the Bright Estate. This would allow for the expansion of the baseball/ softball programs, especially for the younger boys in Old Settlers Park at Palm Valley. This would also keep the ballfields in the same proximity as the existing ones. The CTP includes funds for the addition of tennis courts and football field in Old Settlers Park at Palm Valley. The football field will be utilized by the Parks Department football program and the Pop Warner organization. Buck Egger Field has limited parking and with the improvements that are being proposed for Mays Street it would reduce the limited parking considerably. The adult flag football program would also be moved to Old Settlers Park at Palm 161 August 26,1993 Valley. The lights at Buck Egger Field would eventually be removed because they are very old and it would be very expensive to continue maintenance on them. Mayor Culpepper asked For a cost analysis of building three fields without lights and two fields with lights. The CIP also includes funds for the repair and maintenance of existing equipment in neighborhood parks, the development of the parks in Creekmont West and Woods Subdivisions; replacement of equipment in neighborhood parks and improvements to the sport fields, addition of pavilions, landscaping and trail system in Old Settlers Park at Palm Valley. In response to Mayor Culpepper's question, Prete said Old Settlers Park at Palm Valley would not be completely developed by 1998 but a major part of it will be finished. The park would still lack the swimming pool facility, recreation center and amphitheater. Prete and the Council discussed an interim development for an amphitheater using a portable stage and portable restrooms to be used next summer. They also discussed utilizing matching grant funds to further develop Old Settlers Park at Palm Valley. Councilman Palmer asked for a map that shows the existing parks in the City. The Council asked Prete to pursue the grants regarding the hike and bike trail and HEB Tennis Grants Program. Chief Wes Wolff explained the plans for the Police Department. A Mobile Crime Scene Unit and Emergency Cellular Phone System would be obtained in the first year. The third year would see a complete renovation of Building B which would expand the Police Station. An upgrade and expansion of the computer system is targeted for the fifth year. Chief Lynn Bizzell explained the plans for the Fire Department. The second year includes a Special Services Truck which will held all specialized equipment needed when responding to special calls like rescue operations and hazardous material responses. Renovations of the Central Fire Station for additional office and storage space will also be conducted in the second year of the plan. Construction of Fire Station No. 5, Deepwood site, is targeted for the third year. Equipment and personnel from Station No. 2 would be moved to this site and a 1500 GPM Pumper 162 August 26, 1993 Truck would be needed. The construction of a Training Tower, training rooms and purchase of a second Ladder Truck are targeted for the fourth year. The training rooms would be utilized by personnel throughout the City. The addition of a second Ladder Truck would fulfill the long range plans of having a ladder truck at each end of the City to better serge the industrial areas. In response to Councilman Joseph's question, Chief fiizzell said the plans still exist for the Volunteer Fire Department to use the vacant building of Station No. 2, if they so choose. Dale Ricklefs outlined the plan for the Library. The second year would fund the design phase for the Library construction, upgrade the automation system, and acquire land for the expansion of the Library. The actual structure construction and expansion of the library is targeted for the third year of the CII'. She added this plan doubles the library space. Ricklefs and the Council discussed using the PARD offices after they are vacated; library substations; and the use of the area school libraries during the summer months. Joe Vining outlined the CIP for General Services. In the first year an 800 MHz Trunking System will be established so all City departments can have the capability to communicate with each other especially during a disaster. Steps that will be taken the first year are to register a frequency for the system and set up a base station with one radio system prior to April 1, 1994. The second year would include the expansion of the system and an update of the aerial maps to be used in the GIS mapping. The last aerial photo was taken in 1983. Jim Nuse outlined the program for the Street Department. He went over the streets that are proposed for improvements in the CIP. He added the particular projects will be funded through bonds, City funds or other sources. The figures in the CIP only reflect the cost of the program. Nuse outlined the miscellaneous items needed in Public Works. He added that the mowing equipment and haul truck may be moved to the Equipment Replacement Program. The Sidewalk Program is a continuation of the program established to add sidewalks around the area schools. This program will be expanded to include major collector streets. The drainage improvements will consist of a permanent concrete base. The 163 August 26, 1993 Rubio Addition drainage improvements would be upgraded. The right -of way acquisition is for State Highway 45. Twenty items are targeted for the `'dater Department. Nuse explained the Tank Repainting and Improvements, Chisholm Valley .5 mg Standpipe, and Chisholm Valley dual feed. This tank is located in the Chisholm Walley Subdivision and is the most critical tank in the City. It supplies pressure to Round Rock West and other areas. This tank has been in service for 15 to 18 years and repairs need to be done on it. The tank will have to be taken off line for about 3 months to complete the repairs and improvements. The Wastewater Department lists eleven items under the CIP. Nuse explained Phase II of the expansion for the East Plant.. This concluded the presentation on the Capital Improvements Program. CALL REGULAR SESSION TO ORDER _7:00 P.M. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro -tem Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: Regular Session Augmst 12 1993 Work Session August 21 1993 MOTION: Councilman Joseph moved to approve the minutes as submitted. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman. Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: 164 August 26,1993 7.A. K-9 Recognition - Round Rock High School Principals. Torn Norris, Assistant Superintendent of the Round Rock Independent School District, introduced the principals from the area schools that were present. He thanked the Council and Police Department for all the great work they do for the school district. Mr. Norris presented a plaque of appreciation to Chief Wolff. 7.B. Banner Request - St. Williams Catholic Church. Jahn Bruskewitz, Co-chair of the St. Williams Catholic Church Fall Festival Committee, requested permission to hang a banner at Lake Creek and RM620 to help advertise their Annual Festival on Sunday, October 3, 1993. The banner will hang from September 6, 1993 through October 3, 1993. Mr. Bruskewitz outlined the activities for the day. MOTION: Mayor Pro -tem Stluka moved to approve the banner request. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem 'Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. Sandy Kinn-Burks, 604 Andover Cove, Round Rock High School Environmental Club sponsor and member of the Environmental Advisory Board, said she is in favor of curbside recycling and so are the students in the Club. She added she was speaking on behalf of the students that conducted the recycling survey at the high school. The students are upset over the Council's response to their survey. They spent a lot of time in preparing, conducting, and tallying the survey. It seems to them that their survey was not taken to heart as much as the phone survey because they are not adults, just kids. Kinn-Burks went over the student's survey. She added that further action needs to be taken by the Council to make Round Rock an environmentally conscientious community. 165 August 26, 1993 Mayor Culpepper informed the students that were present that the Council did appreciate all the work they put into their survey. Mayor Culpepper stated that a committee had been formed to develop a recycling program that will benefit everyone. Larry Pratt, 1906 Greyson, spoke on the recycling issue and expressed his dissatisfaction of being charged for sorting his recycables and letting the garbage hauler keep the profits. He disagreed with Dell Computer being given "a free ride" when the sales tax will stay in Austin. Mayor Culpepper clarified that the sales tax from the telemarketing business will remain in bound Rock because the facility will be located in Round Rock. Mr. Pratt addressed the fees paid to the City Attorney. He asked the Council to consider hiring an in-house attorney. Mayor Pro -tem Stluka said the recycling center on Deepwood Drive needs to be given more publicity. SPECIAL RECOGNITION: 8.A. Consider special recognition of Bud Lewis, owner of Auto -Tech, for his recycling efforts. Mayor Culpepper read the following Certificate of Recognition; This is to Certify that Bud and Leslie Lewis is hereby awarded this Certificate of recognition for active and cooperative participation in promoting recycling in Round hock for the year 1993. Bud and Leslie Lewis thanked the Council for the special recognition. PRDCLAMATIQN5: None PRESENTATIONS: 10.A. Consider a resentation of proposed amendments to the City's wrecker ordinance. Chief Wes Wolff made the staff presentation. This ordinance will update the existing Wrecker Ordinance which staff feels is outdated. The ordinance will include some State regulations that are required and will address concerns that have been brought up by the local wrecker services. In response to Councilman Joseph`s question, Chief Wolff said the rotation of the wrecker companies in Round rock will be followed. Vehicles will either be stored in the City limits or ETJ. This ordinance will be brought back to the Council for action at their next meeting. 10.B. Consider a presentation on H.B. 859: a law preventing disclosure of 166 August 26, 1993 utility customer personal information if the customer requests that such information be kept confidential. Irma Mendoza, Utility Billing Manager, made the staff presentation. The Texas Legislature recently required publicly owned utilities to give their customers the option of making the customer's address, telephone number and social security number confidential, Mendoza gave the following summary of the law: 1. The law would prevent confidential information from being disclosed under the open records act or other purposes. 2. The utility may charge a customer a fee not to exceed the actual cost of complying with the confidentiality request. 3. The utility shall notify each customer of the right to request confidentiality. 4. The above notice shall be included with a customer's bill and shall inform the customer of the fee and include a form on which the customer can request confidentiality. 5. The utility is not prohibited from disclosing personal information to public officials or employees acting in an official capacity, a consumer reporting agency, a utility contractor or subcontractor, or other utilities. Staff surveyed surrounding cities and found that the majority of the cities will not charge a fee for this service. Staff recommend that the City follow the majority of the cities surveyed. A letter and application card will be mailed in the September billing. The customers will be asked to update their personal information and to indicate their preference concerning the confidentiality law. All new customers will be asked to fill out the application card at the time they come in for new service. This process will take 4 to 6 weeks to complete and staff expects that the process will go smoothly. 10.C. Consider a presentation by the Building Inspection Department concerninL, the Uniform Building Code. Mark Remmert, Chief Building Official, made the staff presentation. He outlined the following issues: 1) The Building Inspection Department believes that a change from the current Standard Building Code to the Uniform Building Code would better serve our commercial development. All major Texas cities are 167 August 26,1993 under the Uniform Code and, therefore, architects and engineers are most familiar with their provisions. 2) Consider increasing the inspection fees for commercial and residential remodels. The current fees were established in 1975 and are no longer adequate to cover the cost the City incurs to make these inspections. Remmert outlined the proposed fees. 3) Consider to discontinue the service of installing water and sewer taps because this service can be performed by contractors at the requesters expense. The City cannot recover the actual cost incurred and is loosing money. The City crews can be free to work on repairing water leaks and other jobs that are essential to the City. An inspection would: still be done on the water line and the meter would be installed. Mayor Culpepper asked staff to check if this is being done in other cities. These items will be brought back for Council consideration in two weeks. PUBLIC HEARINGS: ll.A. Consider public testimony regarding the addition of historic zoning to the existing zoning classification for the following ro erties; 1. 106 W. Anderson Avenue (Lot 4, Blk 14, Anderson's First Addition) 2. 106 W. Bagdad Avenue (Past of Lot 4 and Lots 5-10, Blk 8, RROP) 3. 208 S. Blair Street (Lots 1-7, Blk 2, RROP) 4. 1113 Ledbetter Street (0.475 acres, J.M. Harrell survey) 5. 602 E. Liberty Avenue (Lot 3, Blk 40, RROP) 6. 603 E. Liberty Avenue (Lots 10 & 11 and W part of Lot 12, Blk 17, RROP) 7. +609 E. Liberty Avenue (Lots 14 & 15, Blk 17, RROP) 8. 802 E. Liberty Avenue (Lots 5, 6, and W 1/2 of Lot 4, Blk 5, Nelson Addition) 9. 1104 E. Liberty Avenue (Lots 4-6, Blk 8, Nelson Addition) 10. 309 East Main Street (Lots 1-3, 17-19, E 9 ft. of Lot 4, Blk 11, RROP) 11. 504 North Mays Street (E 150 ft. of Blk 15, Andersons First Addition) 12. 507 E. Main Street (Lots 3, 4, 9, 10, Blk 13, RROP) 13. 607 E. Main Street (Lots 3, 8, and 1/2 of Lots 2 & 9, Blk 14, RROP) 14. 808 E. Main Street (Lots 1 & 2, Blk 4, Nelson Addition) 15. 106 N. Mays Street (Lot 13, N 1/2 of Lot 14, Blk 23, RROP) 16. 302 W. Main Street (Lots 1 & 2, Blk 25, RROP) V. 400 W. Main Street (Lots 1-5, Blk 26, RROP) 18. 210 McNeil Road (E 1/2 of Lots 1 & 2, Blk 1, RROP) 19. 106 N. San Saba (Lots 4-6, Blk 27, RROP) 20. 107 S. Sheppard (N 55.5 ft. of Lots 5-10 & NW 9 ft. of Lot 7, Blk 11, RROP) 21. 109 S. Sheppard (S 1/2 of Lots 8-10, SW part of Lot 7, Blk 11, RROP) 22. 202 N. Stone Street (Lots 1-3, Blk 39, RROP) 23. 207 N. Stone Street (S 1/2 of Lot 4, Blk 40, RROP) 24. Water Tower (Round Rock Avenue - owned by City of Round Rock) 25. Palm House @ QSPAPV (owned by City of Found Rock) 26. 909 E. Liberty Avenue (Lots 7-10, Blk 3, Nelson Addition) • August 26,1993 Joe Vining made the staff presentation. The Historic Preservation Commission recently completed a study of three hundred fifty (350) potentially historic properties in Round Rock. The survey revealed sixty (60) properties that were excellent examples of a particular style or construction that deserved further research. These sixty (60) properties received extensive research by a team of architectural/planning graduate students trained in Historic Texas architecture. Approximately twenty-six (26) of these structures currently have historic "overlay" landmark zoning and the Historic Preservation Commission and Planning and Zoning Commission recommended that the noted structures be nominated for this recognition. Mayor Culpepper opened the public hearing. Kathy Munson said her mother, Dorothy Munson, lives at 106 N. San Saba, and they are honored that her grandmother's house was chosen for the historic designation. 'ferry Erickson said she doesn't have a house on the list but is in favor of the designations in order to protect homes in the neighborhood. She added there needs to be better control of the zoning in the area to protect the homes because commercial businesses are going in those homes. There being no further public testimony, Mayor Culpepper closed the public hearing. 11.B. Consider public testimoLiy concerningan amendment to Chapter 11.200, Code of Ordinances (1990 Edition) City of Round Rock, Texas to allow a combination Qf commercial and multi -family land uses in an area 12revioudy designated as Commercial in the 1990 -General Plan. Joe Vining made the staff presentation. MSP, Inc. has requested an amendment to the 1990 General Plan to allow a combination of commercial and multi -family land uses in an area previously designated as commercial in the 1990 General Plan. The area is bound by 1H-35 on the west and South Mays on the east. The long range effects of this change are that the developer will contribute funds to the regional detention fund through a PUD agreement for drainage improvements in the area. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 169 August 26, 1993 11.C. Consider public testimony concerning the re uest by MSP to rezone 29.39 acres of land Di trict C-1 General Commercial out of the Wiley Harris Surve Abstract 289 (1000 South Mays Street) to District Planned Unit (PUD). Joe Vining Trade the staff presentation. The 1990 General Plan assigns a commercial classification to this tract of land. This tract of land must have an approved General Plan Amendment prior to passage of the PUD zoning change. Some of the major points of this PUD agreement are that it will provide drainage easements to solve the existing drainage problems in the area; the owner is willing; to repay regional detention fees to assist in financing the drainage improvements; it will provide a buffer between the existing single family and commercial with the multi -family development; reduce the impervious cover and potential building height allowable under current zoning standards; it will maintain the trees along the north property line, it will increase setback from Mays Street to the residential areas; it will prohibit access to Mandell Street from the property; and it will provide needed apartment housing. The PUD agreement also provides for additional site plan review that would not otherwise occur for future phases. Mayor Culpepper opened the public hearing. Jim Stendebach, representing Jeff Drinkard, owner/developer of the property, outlined the three phase development and the terms andconditions of the PUD agreement. The Council and staff discussed the existing drainage problems in the Rubio Subdivision which lies adjacent to the proposed development. Staff noted that this development can help solve those drainage problems. There being no further public testirnony,the public hearing was closed. ORDINANCES: 12.A. Consider an ordinance amending the Zoning Ordinance by adding Historic Landmark "overlay" zoning -to the following properties: (First Reading) 1. 1016 W. Anderson Avenue (Lot 4, Blk 14, Anderson's First Addition) 2. 106 W. Bagdad Avenue (Part of Lot 4 and Lots 5-10, Blk 8, RROP) 3. 208 S. Blair Street (Lots 1-7, Blk 2, RROP) 4, 1113 Ledbetter Street (0.475 acres, J.M. Harrell survey) 5. 602 E. Liberty Avenue (Lot 3, Blk 40, RROP) 6. 603 E. Liberty Avenue (Lots 10 & 11 and W part of Lot 12, Blk 17, RROP) 7. 609 E. Liberty Avenue (Lots 14 & 15, Blk 17, RROP) 8. 8032 E. Liberty Avenue (Lots 5, 6, and W 1/2 of Lot 4, Blk 5, Nelson Addition) 170 August 26, 1993 9. 1104 E. Liberty Avenue (Lots 4-6, Blk 8, Nelson Addition) 10. 309 East Main Street (Lots 1-3,17-19, E 9 ft. of Lot 4, Blk 11, RROP) 11. 504 North Mays Street (E 150 ft. of Blk 15, Anderson's First Addition) 12. 507 E. Main Street (Lots 3, 4, 9, 10, Blk 13, RROP) 13, 607 E. Main Street (Lots 3, 8, and 1/2 of Lots 2 & 9, Blk 14, RROP) 14. 808 E. Main Street (Lots 1 & 2, Blk 4, Nelson Addition) 15. 106 N. Mays Street (Lot 13, N 1/2 of Lot 14, Blk 23, RROP) 16. 302 W. Main Street (Lots 1 & 2, Blk 25, RROP) 17. 400 W. Main Street (Lots 1-5, Blk 26, RROP) 18. 210 McNeil Road (E 1/2 of Lots 1 & 2, Blk 1, RROP) 19. 106 N. San Saba (Lots 4-6, Blk 27, RROP) 20. 107 S. Sheppard (N 55.5 ft. of Lots 8-10 & NW 9 ft, of Lot 7, Blk 111 RROP) 21. 109 S. Sheppard (S 1/2 of Lots 8-10, SW part of Lot 7, Blk 11, RROP) 22. 202 N. Stone Street (Lots 1-3, Blk 39, RROP) 23. 207 N. Stone Street (S 1/2 of Lot 4, Blk 40, RROP) 24. Water Tower (Round Rock Avenue - owned by City of Round Rock) 25. Palm House Q OSPAPV (owned by City of Round Rock) 26. 909 E. Liberty Avenue (Lots 7-10, Blk 3, Nelson Addition) Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS, ADOPTED IN CHAPTER 11, SECTION 3.E.(2), CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO CHANGE.. MOTION: Councilman Stewart moved to adopt the ordinance, Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Noes: Mayor Pro -terra Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper None ACTION: The motion carried unanimously. MOTION: Councilman Stewart moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart 171 August 26, 1993 Councilman Palmer Councilwoman Chavez Councilman Joseph. Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 12.B. C nsider an ordinance amending Chapter 11.200, Code of Ordinances 1990 Edition Cijy of Round Rock Texas tp allow a combination of commercial and multi -family land uses in an area previously designated as Commercial in the 1990 General Plan. (First Reading) Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE GENERAL PLAN OF THE CITY OF ROUND ROCK, TEXAS, ADOPTED IN SECTION 11.201(2), CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, TO ALLOW A COMBINATION OF COMMERCIAL AND MULTI -FAMILY LAND 'USES IN AN AREA CURRENTLY DESIGNATED AS COMMERCIAL IN SAID GENERAL PLAN; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Stewart moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Stewart moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan 172 August 26, 1993 Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Magor Culpepper Noes: None ACTION: The motion carried unanimously. 12.C. Consider an ordinance to rezone 29.39 acres of land District C-1 (General Commercial.) out of the Wiley Harris Survey, Abstract 289 (1000 South Mays Street) to District Planned Unit Development (PUD). (First Reading) Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS, ADOPTED IN SECTION 11.305(2), CODE OF +ORDINANCES, 1990 EDITION, CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO CHANGE THE DESIGNATION OF 29.39 ACRES OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT 289, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) TO DISTRICT PUD (PLANNED UNIT DEVELOPMENT) NO. 9. MOTION: Councilman Joseph moved to adopt the ordinance. Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Palmer moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka 173 August 26, 1993 Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 13.A. Consider a resolution authorizing the Magor to enter into an Ec nomic Develol2mgnt Program Agreement with De Computer Corporation. Bob Bennett made the staff presentation. Bennett went over the following offer made to Dell Computer Corporation (3/30/93): 1. Sales tax split of 1-1/2 cent will be 5/8 to Dell and 7/8 to City.. 2. 50/50 split of property tax if Dell makes significant investment in Round. Rock. 3. Infrastructure improvements valued at $500,000 to be paid by City. 4. Term is 20 years. Additional renewable terms to be decided through negotiations with Dell. 5. City will issue inducement resolution to Dell or third party to allow the issuance of industrial revenue bonds of approximately $40 million for construction of 300,000 square feet in 1994 and 300,000 square feet in 1995. Interest rate on IRB is currently 175-200 basis points above treasury bills. This financing vehicle will allow Dell to keep assets off balance sheet. It will take approximately ninety days from inducement to delivery of funds. Spend down on project can begin upon inducement with reimbursement occurring at delivery of proceeds. 6. City does not believe in social engineering and will not engage in any. 7. Permit fees, except for steel inspection, will be waived. S. Fast track construction program that Round Rock has used over the past 10 years for similar projects will be used. 9. This offer expires on April 23, 1993. 174 August 26,1993 Steve Sheets outlined the Economic Development Program Agreement. David Kautz outlined the economic impact of this agreement and explained an analysis of Dell Computer's taxable sales and Dell's effect on the City's property/sales tax. Tom Armstrong of Dell Computers gave an update on the profit sales tax, status, and growth rate of the company. He explained the company's marketing strategy in expanding the retail market and how the proposed telemarketing center in Round Rock will profit from it. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has previously adopted Resolution No. 93-04-12-4A establishing an Economic Development Program to promote local economic development and to stimulate business and commercial activity in Round Rock, as authorized by Sec. 380.001 of the Texas Local Government Code, and WHEREAS, the City desires to participate in the Economic Development Program by entering into an Economic Development Program Agreement with DELL COMPUTER CORPORATION („DELL"), Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Economic Development Program Agreement with DELL, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 26th day of August, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro -tem 5tluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayer Culpepper Noes: None ACTION: The motion carried unanimously. 175 August 26,1993 13.B. Consider a resolution authorizing the submittal of an application for the Texas Capital Fund on behalf of Dell Computer Corporation. Joe Vining made the staff presentation. Staff has been working with representatives of the Texas Department of Commerce and the Texas Department of Housing and Community Affairs to complete the pre -Application for the Infrastructure Grant on behalf of Dell Computer Corporation. The grant is intended to provide necessary infrastructure improvements in exchange for the commitment by Dell to provide a number of jobs that fit the States criteria for low to moderate income families. This resolution authorizes the Mayor to sign the submittal documents. After a review period of approximately thirty days, we will be notified of any required changes. A final application will then be prepared along with the necessary contract documents. Mayor Culpepper read the following resolution. RESOLUTION NO. WHERAS, The City of Round Rock has previously agreed to seek an infrastructure grant from the Texas Capital Fund, and WHEREAS, the pre -application for this grant has been prepared, Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, SECTION 1.. The City of Round Rock has committed to spend $500,000 on infrastructure improvements. The funds are available at this time and there is no expiration date for the use of such funds. SECTION 2. The Mayor is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application and, if granted, the award. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Round Rock, Texas, held on August 26, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez 176 .August 26,1993 Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.C. Consider a resolution authorizing street closing for the Police Officers Association for their Second Annual Barbecue Cook -off. Sergeant Dick Koble, Treasurer for the Round Rock Police Officers Association, requested permission to close Harrell Parkway from the main entrance of the Old Settlers Association building to Aten Loop from 9:00 a.m., September 17, 1993 until 8:00 p.m., September 18, 1993 for the Round Rock Police Officers Association Second Annual Barbecue Cook -off. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Round Rock Police Officers Association has requested that Harrell Parkway from north of the main entrance of Old Settlers Association building to Aten Loop be closed to through traffic from 9:00 o'clock A.M. on September 17, 1993 until 8:00 o'clock P.M. on September 18, 1993 for the Round Rock Police Department's Annual Bar-B-Que Cook -off, WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Harrell Parkway from north of the main entrance of Old Settlers Association building to Aten Loop be closed as set forth above. RESOLVED this 26th day of August, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary M TION: Councilman Joseph moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer - Councilwoman Chavez Councilman Joseph Mayor Culpepper 177 August 26,1993 Noes: None ACTION: The motion carried unanimously.. 13.D. Consider a resolution authorizing the Magor to enter into an agreement for the Street Maintenance Program, Jim Nuse made the staff presentation. On August 17, 1993, five bids were opened for the Street Maintenance Program. Austin Bridge and Road, Inc. was the lowest and best bid at $262,395. Staff recommended acceptance of the bid from Austin Bridge and Read, Inc. Mayer Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Street Maintenance Program, and WHEREAS, Austin Bridge & Road, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Austin Bridge & Road, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Bridge & Road, Inc. for the Street Maintenance Program, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 26th day of August, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tem Stluka moved to approve the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None AC'T'ION: The motion carried unanimously. a. E. - - Consider a resolution authorizing the Magor to enter into an 178 August 26, 1993 agreement for the purchase of a boom truck boom. Jim Nuse made the staff presentation. Two bids were received for a Crane with boom rest. Commercial Body Corporation of San Antonio submitted the lowest and best bid at $8,744.00. Staff recommended acceptance of the bid from Commercial Body Corporation. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of a truck mounted service crane for the Public Works Department, and WHEREAS, Commercial Body Corporation has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Commercial Body Corporation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Commercial Body Corporation is hereby accepted as the lowest and best bid and the purchase of said crane is hereby authorized. RESOLVED this 26th day of August, 1993 CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Palmer moved to approve the resolution. Councilman Joseph seconded the motion. VOTE: Ayes: Noes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper None ACTION: The motion carried unanimously. APPOINTMENT. Mone DISBURSEMENTS: None NEW BUSINESS: 16.A. Consider a request by Tal -Tex, Inc. for water at an in -City water rate for water supplied as a result of contaminated wells in Tonkawa Springs and other ins August 26,1993 subdivisions. Hector DeLeon, Attorney for Tal -Tex, requested that Tal -Tex be permitted to pay the in -City water rate. He noted that the meter is located inside the City limits. The Council and Mr. DeLeon discussed the water rate currently being charged to Tal -Tex. Steve Sheets read the following paragraph from Ordinance No. 974: (5)(c) "The above water rates and service charges apply to all users located within the corporate limits of the City. All users located outside the corporate limits of the City shall pay double the applicable rates charged uses with in the corporate limits of the City.11 MOTION: Councilman Stewart moved to deny the request from Tal -Tex, Inc. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Noes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper None ACTION: The motion carried unanimously. 16.B. Consider a property tax refund to .American Legion Past #447 for a court ordered value adjustment in the amount of $1,435.36. David Kautz made the staff presentation. State law requires that the Council approve property tax refunds above $500. Staff recommended approval of a property tax refund to American Legion Post #447 for a court ordered value adjustment in the amount of $1,435.36.. MOTION: Councilman Joseph moved to approve the property tax refund. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman. Palmer August 26, 1993 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. ULD BUSINESS: None CITY MANAGER'S REPORT:_ At Bob Bennett's request Steve Sheets informed the Council that the Massage Parlor Ordinance currently on the books is outdated and needs to be repealed. He recommended that a new ordinance be adopted that would reflect the current State Law regulating massage parlors. CO UNCIL COMMENTS:. Mayor Culpepper asked Kautz to locate all the meters that are within the City limits but serve outside City limit users. ADJOURNMENT: There being no further business, the meeting adjourned at 9:10 p.m. Respectfully Submitted, oanne Land, Assistant City Manager/ City Secretary 181 September 3, 1993 The Round Rock City Council met in a Special Called Session on Friday, September 3, 1993 at 8:00 a.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Pro -tem Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman. Jimmy Joseph. Mayor Charles Culpepper was absent because he was out of town on business. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. EXECUTIVE SESSION: 2.A. Executive Session as authorized by Article 6252-17, Suction 2, Subsection. e Vernon's Texas Civil StaftItgi relating to pending litigation with Brushy Creek Municipal Utility District. The Council recessed into Executive Session at 8:01 a.m.. and adjourned back into Session at 8:30 a.m. RESOLUTIONS: 3.A. Consider a resolution apnr� roving an offer by the Brushy reek Municipal Utilijy District to terminate the Water &12 -ply &12-plyAgreement with the CijY of Round Rack. Mayor Pro -tem Stluka noted that even though there was not an item on the agenda for Citizen Communications or Public Nearing, the Council would allow those people who want to address the Council to do so. Ron Freeman, Attorney for the developers of the Brushy Creek Municipal Utility District, approached the Council and requested "The Council's sound judgement for the benefit of the community as a whole." He continued, "Everyone knows that the wells in Brushy Creek are not reliable, they are subject to pollution and drought. They have to have a source of surface water supply. There's over 1800 residences in Brushy Creek and there is a plan for another 6000 residences. If the Council deems it appropriate to amend it's contract with that MUD to have a two year reliable water supply, well, a two year old can figure out that's insanity for that district and it's insanity for the people that live in the district. I hope that you will not participate in that insanity even though the Brushy Creek MUD Board might want to. My clients, you, and other developers in the area have invested significant time and money in developing a sound reliable regional water supply for that area and it should continue." 182 September 3,1993 David Bodenman said he represented Hyland Joint Venture, developer, landowner and taxpayer of the district. He stated, "we believe that voting to cancel the water contract has some unintended consequences. Some of the consequences include cutting off approval for future plats and connections. It puts us in yet another moratorium. It cuts off service to Brushy Creek North in your ETJ. It prevents the Water Commission from approving the sale of bonds to pay for needed utility facilities that would derive service from Round Rock. It sends a message that you all will allow the MUD to continue its malfeasance and lack of business like endeavors. It cuts off water to existing customers in the future who are homeowners and not developers please exercise forbearance and patience with us. Allow the courts to finish their deliberations and allow the homeowners to hold the election this spring to bring the MUD to a good business like customer of the City of Round Rock."' Lisa Quay, homeowner in the Brushy Creek MUD said her concern is that the Council is considering an item which has not come before the MUD Board and has not been discussed. She asked the Council to consider letting the MUD Board take the first step if this is what they want to do. Jimmy Griffith, homeowner in Brushy Creek MUDS, asked the Council to delay this action because there may be some possibilities to resolve this issue within the next ail days. Mayor Pro -tem Stluka read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") and the Brushy Creek Municipal Utility District ("'BCMUD") entered into a water supply agreement ("Agreement") on October 14,1986, and WHEREAS, the City and BCMUD have been involved in water rate disputes for the past several years, and WHEREAS, the City and BCMUD have been unable to agree on a method to determine rates for water, and WHEREAS, BCMUD has sent the City a letter offering, among other things, to terminate the Agreement and to seek a water supply from the City of Austin, and WHEREAS, the City wishes to express its willingness to accept in principle, the terms of BCMUD's offer, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Council hereby approves in principle the offer from BCMUD contained in its letter dated August 25, 1993, a copy of which is attached hereto as Exhibit "A" and authorizes the Mayor and City Staff to negotiate a settlement agreement with BCMUD in accordance with said letter. RESOLVED this 3rd day of September, 1993. September 3, x.993 ATTEST: CHARLES CLILPEPPER, Mayor City of Round Rock, Texas ) U?U'4i-4rl LAIN u, %.-1ty secretary MOTION: Councilman Palmer moved to approve the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez. Councilman Joseph Noes: None Absent: Mayor Culpepper ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 8:40 a.m. Respectfully Submitted, oanne Land, Assistant City Manager/ City Secretary 183 184 September 9,1993 The Round Rock City Council met in Regular Session on Thursday, September 9, 1993 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Charles Culpepper, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Mayor Pro -tem Robert Stluka was absent due to a business commitment. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. Mayor Culpepper read the following letter he received from Mayor Pro -tem Stluka: "Mayor and Council: Please excuse me from. the September 9, 1993 Council meeting due to out of town business. The annual meeting of my Board of Directors, convention and trade show prohibit me from attending this Council meeting. Please extend my regrets to the Council, staff and citizens." APPROVAL OF MINUTES: Regular Session August 26 1993 S ecial Called Session September 3. 1993 MOTION: Councilman Joseph moved to approve the minutes as submitted. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: 4.A. Banner Request - Round Rock Noon Kiwanis. Peggie Fink of the Round Rock Noon Kiwanis Club requested permission to hang a banner across Main Street at Mays Street from September 10, 1993 through September 16, 1993, to 185 September 9,1.993 help advertise their annual Pancake Day Fundraiser. The Fundraiser will be held at Texas Baptist Children's Home on Thursday, September 16th. All proceeds will be used for charity, with special emphasis on young children. MOTION: Councilman Joseph moved to approve the banner request. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried unanimously. 4.E. Quarterly Drawing for Shop Around The Dock Shopping Spree. Ellen Spinn, Vice -President of the Chamber of Commerce, asked Mayor Culpepper to draw the winner of the Shop Around the Dock Shopping Spree Giveaway. Dee Lawrence of Taylor, Texas won the $500 gift certificate. Councilman Joseph announced that the Hispanic Chamber of Commerce and the hound Rock Public Library will be hosting a week long family celebration for Diez y Seis de Septembee from September 13 -18th and will include various activities and displays. PROCLAMATIONS: Mayor Culpepper read a proclamation proclaiming September 17-23, 1993 as Constitution Week. PRESENTATIONS: 6.A. Consider a 12resentatign concerning the Round Rock Avenue/Loop 384 Construction Project. This item was withdrawn from the agenda. PUBLIC HEARINGS: 7.A. Consider public testimony concerning the proposed 1993-1994 Budget for the City of Round Rack. David Kautz made the staff presentation. He used visual graphs to give an overview of the proposed budget along with economic factors that will effect the budget. He explained the process that was taken in a September 9, 1993 preparing the budget and summarized the following proposed budget for Fiscal Year 1993-1994: 1992-1993 1993-1994 Devised Budget Proposed Budget 3/93 General Fund Total Revenues* $ 9,749,855 $ 11,449,51.6 Total Expenditures + 10 477 417 (11,237,8001 Change in Fund Balance $ (727,562) $ 211,715 I&S Debt Services Total Revenues $ 4,881,310 $ 5,367,056 Total Expenditures (5,20 850_ 5 456,83-81 Change in Fund Balance $ (325,540) $ (89,782) Utility Fund Total Revenues $ 8,625,167 $ 8,834,839 Total Expenditures (8.693,173](9,382,750) Change in Operations $ (68,006) $ (547,911) Other Source - Scheduled Application of impact Fees 0 550.000 Change in Working Capital $ (68,006) $ 2,089 * Total revenues for 1993-1994 include $250,000 from anticipated contractual sale of old country club. Kautz noted there is no increase in the property tax rate and recommended the adoption of the effective operating rate plus the debt service rate. The effective operating rate is designed to bring in the same amount of revenue on the property rolls this year that were also on the roll last year. And there are no increases on the water and wastewater fees in this budget. Kautz recommended the following amendments to the Operating Budget, Fiscal Year 1993-1994: Annual Cost of this Amendment General Fund Expenditures Municipal Court Increase the monthly compensation paid to the Municipal Court Judge (from $2,000 to $2.400 per month) $4,800.00 Police Department Medical examinations for victims of alleged sexual assault, if requested by the City, should be paid for by the City. (Code of Criminal Procedure) Estimated cost of activity: $4,600.00 187 September 9,1993 Youth Resource Officer - this item represents 1/4 of the annual cost of a police officer assigned as a resource to the School District, The District will cover 314 of the annual personnel cost. $8,136.00 General Services Adjust the budget allocation for the Appraisal District _ from $112,000 to $105,445 (last year the allocation was $90,257) ($6,555.00) Utilily Fund Px enditures Water/ Wastewater Treatments Plants Add funding for three Industrial Trades high school students to assist and apprentice as treatment plant $9,500.00 operators. Net total of amendments $20,481.00 Revenue Funds for these adjustments are expected to be available from operating revenues attributable to the Sales Taxes and from Permit and growth related fees. Mayor Culpepper opened the public hearing. There being no public. testimony, the public hearing was closed. He announced that another presentation, public hearing, and adoption of the budget is scheduled for the next Council meeting, 'September 23, 1993. 7.B. Consider public testimony_ concerningth�laosed 1994-1998 Capital Improvements Program. Joe Vining made the staff presentation. A presentation was made at the last meeting by each Department Head of the individual department needs. Staff is currently in the process of determining the amount of each Capital item and how much of an increase would occur in the various department's annual operating budget. This information will help on projecting budgets in the future . This information will be one of the real elements that will help in developing a five year financial plan. Vining asked for the Council's input to the proposed CIP. A revised CIP will be brought back to the Council at a later date. In response to Mayor Culpepper's question, Vining said the Planning and Zoning Commission incorporated some of the G.O. Bond Task Force's recommendations. Mayor Culpepper asked Vining to send a letter to the task force informing them of what is being proposed out of their recommendation. In response to Councilman Palmer's question, Vining said a local firm was • September 9, 1993 retained to help in a survey concerning the Civic Center. A recommendation will be brought to the Council when the survey is completed. Mayor Culpepper added that the CIP can be amended to include the Civic Center. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 7.C. C nsider public testimony concerning the request filed by Investex LLC to rezone 35.392 a res of land out of the Thea Slareecher Survey, No. 101, Abstract No. 719 and the William Bratton Surve No. 103 Abstract No. 100 in Round Rock Texas from District C-1 General Commercial to District I-1 General Industrial . Joe Vining made the staff presentation. This tract lies west of IH -35 and abuts Bratton Lane and Jarrett Way. Corridor Park I was initially zoned District C-1 at the request of the original developer, in spite of the planning forecast of industrial land use. Wayne -Dresser's decision to locate in Corridor Park I provided evidence that this area should be zoned I-1. The current request, in support of Investex's intent to establish a food processing facility in this subdivision, Michael Angelos Gourmet Foods, further justifies a reclassification to industrial use. Staff recommended approval of the rezoning request. Larry Parker, of Investex, gave an update on the Michael Angelos project. He thanked the Council, Joe Vining's Department and Jim Nuse's Department for helping them get to the point they are today. They are slightly ahead of schedule because of the cooperation and the promises that have been well kept. He added he was assured by the contractor that a Certificate of Occupancy will be issued by January 1st. If that happens then they will be producing products by February. Mayor Culpepper opened the public opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: $.A. Consider an ordinance adopting the proposed 1993-1994 Budget of the City of Round Rock. First Readin4 Mayor Culpepper asked staff to see about getting two additional police officers by December because of the annexation of Oak Bluff and expansion of the city limits. Councilman Joseph said that he would like to see more emphasis put on the September 9,1993 effective tax rate in comparison to last year's tax rate and how it dropped yet all the services, fees and water rates remain the same. Kautz recommended the following amendments to the Operating Budget, Fiscal Year 1993-1994: General Fund Expenditures Municipal Court Increase the monthly compensation paid to the Municipal Court Judge (from $2,000 to $2.400 per month) Police Department Medical examinations for victims of alleged sexual assault, if requested by the City, should be paid for by the City. (Code of Criminal Procedure) Estimated cost of activity: Youth Resource Officer - this item represents 1/4 of the annual cost of a police officer assigned as a resource to the School District. The District will cover 3/4 of the annual personnel cost. General Services Adjust the budget allocation for the Appraisal District from $112,000 to '$105,445 Mast year the allocation was $90,257) Utility Fund_EWenditures Water/ Wastewater Treatments Plants Add funding for three Industrial Trades high school students to assist and apprentice as treatment plant operators. Net total of amendments Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. Annual Cost of this Amendment $4,800.04 $4,600.00 $8,136.00 ($6,555.00) $9l50-0-00 $20,481.00 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER 30, 1994, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. MOTION. Councilman Stewart moved to adapt the ordinance with the 190 September 9,1993 amendments as listed above. Councilman Joseph seconded the motion. NOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried unanimously. 8.B. Consider an ordinance adopting the 1993 properly tax rate. (First Readingj David Kautz made the staff presentation. The proposed operating budget for Fiscal Year 1993-1994 requires a property tax rate as follows: Maintenance & Operations Debt Service Total Tax Rate 24.668 cents per $100 valuation 32.25 cents per $100 valuation 56.924 cents per $100 valuation The tax rate is the sum of the "Effective Operating Rate", the rate that yields the same amount of operating revenue from properties on the tax roll this year that were on the roll last year, and "Debt Service Rate." The proposed tax rate is based on a certified tax roll value of $1,074,056,000. Last year the tax rate was 62.459 cents based on a tax roll of $913,000,000. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE LEVYING THE TAXES FOR THE MAINTENANCE AND OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF ROUND ROCK, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 1993. MOTION: Councilman Palmer moved to adopt the ordinance. Councilman Joseph seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez 191 September 9,1993 Councilman Joseph Mayor Culpepper Nees: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried unanimously.. 8-C. Consider an ordinance -amending the Ci 's Wrecker Ordinance. First Readin Wes Wolff made the staff presentation. There are no changes to the ordinance since this was discussed at the last Council meeting. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAP'T'ER 4, SECTION 4.300, CGDE OF ORDINANCES (1990.EDITION), CITY OF ROUND ROCK, TEXAS BY ADDING CERTAIN NEW DEFINITIONS, BY PROVIDING NEW INSURANCE PROVISIONS; BY PROVIDING FOR CLASSIFICATIONS OF PERMIT HOLDERS; BY PROVIDING FOR NEW PERMIT FEES; BY PROVIDING FOR CERTAIN RESPONSE TIMES; BY PROVIDING NEVA' RULES RELATING TO REMOVAL OF CARS FROM PRIVATE PROPERTY, BY PROVIDING NEW RULES RELATING TO THE REPOSSESSION OF VEHICLES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman ,Joseph moved to adopt the ordinance. Councilman Palmer seconded the motion.. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried. unanimously. $ D. Consider an ordinance to rezone 35.392 acres of land out of the Thea S eecher Survey, N . 101 Abstract No 719 and the William Bratton Survey -No. 103 Abstract No. 100 in Round Rock Texas from District C-1 General Commercial to District I -lei General Industrial,Lf First Readies Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. 192 September 9,1.993 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO CHANGE 35.392 ACRES OF LAND OUT OF THE A. SPREECHER SURVEY, ABSTRACT NO. 101, AND THE WILLIAM BRATTON SURVEY NO. 103, ABSTRACT NO. 100 SITUATED TRAVIS COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) TO I-1 (GENERAL INDUSTRIAL,). MOTION; Councilman Palmer moved to adopt the ordinance. Councilman Morgan seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried unanimously. $.E. Consider an ordinance amending the Traffic Code to prohibit parking �n the north side of Logan Street from South Mays to Mandell Street and on the west side of Mandell Street from the south end of the street north to Logan Street. First Readin Joe Vining made the staff presentation. A representative of the area 1 9 3 September 9,1993 bounded by Buck Egger Field approached staff and stated his concern about people parking in front of the houses and blocking the driveways during the Pop Warner Football League games. Staff recommended that no parking be allowed on the north side of Logan Street from South Mays to Mandell Street and on the west side of Mandell Street from the south end of the street north to Logan Street to help relieve the stress from the Pop Warner football practices and games on this neighborhood. Vining added this is a temporary solution until the sport activities that are held on this field can be moved to Old Settlers Park at Palm Valley. In response to Councilman Stewart's question, Prete said she is waiting for the proposal from the Pop Warner Association for the use of Old Settlers Park at Palm Valley. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 9.1816, CODE OF ORDINANCES, 1990 EDITION, CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON THE NORTH SIDE OF LOGAN STREET FROM SOUTH MAYS TO MANDELL STREET, AND ON THE WEST SIDE OF MANDELL STREET FROM THE SOUTH END OF THE STREET NORTH TO LOGAN STREET; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES. MOTION: Councilman Palmer moved to adopt the ordinance. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried unanimously. fU _ _Consider an ordinance adovtine a water rate for Brushv Creek Municinal Utility District. (First Reading) Bob Bennett made the staff presentation. Each budget year the Council reviews all utility rates that affect the citizens of the City of Round Rock including the in -city and outside rates. Staff asked for a reconsideration of the 194 September 9, 1993 rates that are charged to Brushy Creek Municipal Utility District reflective of the consumption patterns that have taken place this last summer. He added that this has nothing to do with anything that's going on now between the City and Brushy Creek MUD. Staff recommended a rate of a $1.02 per 1000 and a monthly excess capacity charge of $16,125 per million gallons per day of excess capacity. In response to Mayor Culpepper's question, Nuse said that the excess capacity charge is essentially the amount of capacity that has been used by a customer on a peak basis. It's the difference between the peak and the average use. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO.. AN ORDINANCE AMENDING THE RATE CHARGED FOR WATER SERVICE TO THE BRUSHY CREED MUNICIPAL UTILITY DISTRICT, PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES. MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried unanimously. 8.G. Consider an ordinance setting the date time and 121ace of a public hearing to consider the demolition of certain properties. (First Reading Marion Hastings made the staff presentation. The following buildings are being considered for demolition: 202 E. Austin Avenue 902 Bowman Road 702 S. Mandell Street Behind 109 Moye Street 1309 Ledbetter Street 900 Clark Street 7 Chisholm Trail Road 14 Chisholm Trail Road 195 September 9,1993 16 Chisholm Trail Road 203 E. Liberty Avenue This ordinance sets the date, time, and place of public hearings concerning the demolition or proposed repair of these structures. Public hearings will be held on October 14, 1993 and October 28, 1993 at 7:00 p.m. in the City Council Chamber. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE SETTING A DATE AND TIME FOR A PUBLIC. HEARING TO BE HELD IN THE CITY COUNCIL CHAMBERS TO DETERMINE WHETHER. OR NOT CONDITIONS EXIST WHICH RENDER CERTAIN BUILDINGS OR STRUCTURES UNSAFE UNDER THE PROVISIONS OF SECTION 1.3 UNSAFE BUILDING ABATEMENT CODE, CHAPTER 3, CODE OF ORDINANCE (199 } EDITION), CITY OF ROUND ROCK, TEXAS, AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Falmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper 0�it Absent: Mayor Pro -tern Stluka 196 September 9, 1993 ACTION: The motion carried unanimously. RESOLUTION -$- 9.A. Consider a resolution authorizing the Mayor to enter into a contract to resurface the Lake Creek Park Pool. Sharon Prete made the staff presentation. A presentation was made at the last Council meeting on the resurfacing the pool. The following two bids were received and opened on September 2, 1993: Resurface pool and install racing lanes: Resurface wadding pool: Total: Fiberglass Solutions, Inc. $32,700 $_2.548 $35,248 FibreTech, Inc. $39,467 $_ 3,141 $42,608 Staff recommended the bid be awarded to Fiberglass Solutions, Inc. in the amount of $35,248. In response to the Letter of Protest on the swimming pool resurfacing bid award from FibreTech, Prete said, "'We feel that all of the criteria has been met in terms of meeting the specifications of the bid. The only thing that we have not done, and we will be doing when we meet with the contractor on Monday if you do go ahead and award this, is checking the number of employees and their experience." In response to Councilman Stewart's question, Sheets said if this bid is accepted the contract would not be entered into until after the meeting with the contractor when all assurances are received on the experience level. In response to Councilman Joseph's question, Prete said, "The warranty period is for 25 years and we have talked with FibreTech's parent company in Florida. In the presence of Randy Gordan and Howard Baker, they assured us that they will stand behind the 25 year warranty. We will also be receiving that in letter form." In response to Councilman Morgan's questions, Prete said the low bid will redo any of the surface that this fiberglass is going to adhere to and it will be done with a grinder as opposed to sandblasting. She has also seen this company's work at the Austin Country Club and all concerns have been refuted to our satisfaction. In response to Councilman Joseph's question, Prete said, the parent company is out of Florida and both companies that bid the project are distributors out of 1.97 September 9, 19 93 Houston. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Found Rock has duly advertised for buds to resurface the Lake Creek Park Pool, and WHEREAS, Fiberglass Solution, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Fiberglass Solution, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Fiberglass Solution, Inc. to resurface the Lake Creek Park Pool, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 9th day of September, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City 'Secretary MOTIQ Councilman Joseph moved to approve the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried unanimously. 9.B. Consider a res lution authorizing the Mayor to enter into an a reement for the purchase of a tractor and boom mower from Austin Ford Tractor. Jim Nuse made the staff presentation. On August 10, 1993 three bids were received for a Tractor and Booze Mower. Central Texas Clark Lift, dba Austin Ford Tractor, submitted the lowest and best bid at $29,947.00. Staff recommended acceptance of the bid from Central Texas Clark, dba Austin Ford Tractor. Mayor Culpepper read the following resolution. RESOLUTION NO. a, • September 9,1993 WHEREAS, the City of Round Dock has duly advertised for bids for the purchase of a tractor and boom mower for the Public Works Department, and WHEREAS, Central Texas Clark Lift, dba Austin Ford Tractor has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Central Texas Clark Lift, dba Austin Ford Tractor, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Central Texas Clark Lift, dba Austin Ford Tractor is hereby accepted as the lowest and best bid and the purchase of said tractor and boom mower is hereby authorized. RESOLVED this 9th day of September. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilwoman Chavez seconded the motion. VOTE; Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried unanimously. 9.C. Consider a resolution authorizing the Mayor to enter into a lease urchase pr - ram f r Citequipment. David Kautz made the staff presentation. The current operating budget, fiscal year 1992-1993, provides for a lease/purchase program whereby certain durable operating equipment is acquired and financed through a three year tax exempt lease program. This program would allow the City to acquire and replace equipment without having to wait until the total purchase price of the equipment is available. Staff received interest rate quotations from ten qualified leasing companies. The principal amount of the lease is budgeted at $289,000. This amount could be reduced once final computations are performed, thereby reducing the final cost. Staff recommended acceptance of the bid from Security Capital Corporation at a 4.748% annual percentage rate. 199 September 9, 1993 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids to lease/purchase various equipment for use by the City, and WHEREAS, Security Capital Corporation has submitted the lowest and best bid to lease/purchase said equipment to the City, and WHEREAS, the City Council wishes to accept the bid of Security Capital Corporation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Security Capital Corporation to lease/purchase various equipment, a copy of said contract being attached hereto and incorporated herein for all purposes.. RESOLVED this 9th day of September 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried unanimously. 9.D. Consider a resolution to consider extending emergency water to -Round Rock Water Suppler Corporation. Mayor Culpepper said, "This item is pulled from the agenda because Round Rock Water Supply Corporation does not want to remain connected through Manville to our interconnect, so they are not taking any of our water anymore." APPOINTMENTS: None DISBURSEMENTS: 11.A. Consider payment to COR Construction Co..Inc. for Chisholm Trail 200 September 9, 1993 Maintenance and Safety Improvements in the amount of $27.715.70. 1LB. Consider payment to N.G. Painting, Inc. for the repainting of the McNeil Road Tank in the amount of $32,455.1$. 11.C. Consider payment to Southwestern Underground Supply for the Northeast Round Rock Utility Main Inspections in the amount of $4,525.20. MOTI N: Councilman Stewart moved to approve the disbursements. Councilman Morgan seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka ACTION: The motion carried unanimously. NEW BUSINESS: None OLD BUSINESS: None CITY MANAGER'S REPORT: Bob Bennett made the following statement: "As the Council currently deliberates on the tax rate of 56.924 cents, it is the staff's belief that the effective tax rate for the City of Round Rock will continue to fall in the foreseeable future and that is due, primarily, to the efforts of this City Council in terms of creating jobs and making a stronger economy. The rewards and the benefits will accrue to the City and it's citizens. This 56.924 could be a relatively high tax rate as we look back on 1993-1994 in retrospect. Next year we anticipate the tax rate to decrease further and that is before the advent of Dell Computers, at which time we will see an additional drop in the tax rate because of the sales tax generated by that company. David and I believe this to be the future for the City in that it is quality services with an ever decreasing tax rate." COUNCIL COMMENTS: Mayor Culpepper announced that anyone having a problem paying their water bill because of the dry month to contact the utility billing department. 201 September 9,1993 Councilman Palmer noted that the City of Round Rock population is now 37,072. He invited everyone to a catfish dinner at the American Legion on Friday, September 10th, 7:00 p.m. He asked if anyone had a copy of the September issue of the Veteran's of Foreign Wars magazine they no longer want he would like to get as many copies as possible because his sister is featured in the Gold Star Mother's article. Councilman Joseph noted he appreciates the comments that are being received concerning the mandatory curbside recycling. He encouraged citizens to continue calling City Hall, Councilman Palmer or himself with their comments. He added that work needs to be done on educating the public more on where there are recycling centers in Round Rock. ADJOURNMENT: There being no further business, the meeting adjourned at 8:07 p.m. Respectfully Submitted, Joanne Land, Assistant City Manager/ City Secretary 202 September 23, 1993 The Round Rock City Council met in Regular Session on Thursday, September 23, 1993 at 7;00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL; Those members present were Mayor Charles Culpepper, Mayor Pro -tem Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer and Councilwoman Martha Chavez. Councilman Jimmy Joseph was absent because he was recovering from emergency surgery. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: Regular Session September 9, 1993 MOTION: Councilman Palmer moved to approve the minutes as submitted. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. CITIZENS C( IMMUNICATIONS: 4.A. Charles McGoni al - Parade request for Round Rock High School Homecoming. Charles McGonigal requested permission to have the annual Round Rock Nigh School homecoming parade October 7, 1993 beginning at 6:30 p.m. The parade will assemble on one side of Anderson Avenue between 5:00 p.m. and 6:30 p.m The street will not have to be closed. The Police Department and Fire Department were contacted and will assist with the parade. MOTI N: Councilman Palmer moved to approve the parade request. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan 203 September 23,1'993 Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. 4.B. Sharon Prete - Banner request for Qutlaw Trail. Sharon Prete, Director of Parks and Recreation, requested permission to hang the Outlaw Trail 100 banner at Main Street and Mays Street from. October 1, 1993 to October 25, 1993 to help advertise the 6th Annual Outlaw Trail 100 Bicycle Tour which will be held Saturday, October 26,1993. MOTION: Councilman Palmer moved to approve the banner request. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. 4.C. St. Williams Catholic Church - Waiver to the Noise Ordinance. John Bruskewitz asked for a waiver of the Noise Ordinance because St. Williams Catholic Church was planning an outside dance with a live band on Friday, October 1, 1993 from 8.00 p.m. to 12:00 midnight as part of their annual fiesta. Mayor Culpepper asked that the music be kept down to a normal sound level and if the Police Department is called because of the noise, then the sound be turned down and if the Police have to go back out to the dance because of the noise then the music has to stop. MOTION: Mayor Pro -tem Stluka moved to approve the waiver to the Noise 204 September 23,1993 Ordinance with the provisions discussed. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. SPECIAL RECOGNITION: 5.A. Round Rock Advisory Board fQr the A$in Posey McClung, Chair of the Advisory Board for the Aging, read and presented a proclamation of appreciation to the City Council. PROCLAMATIONS: 6.A. Consider a proclamation proclaiming Dragon Pride 'Week. Mayor Culpepper read the appropriate proclamation and presented it to Charles McGonigal. 6.B. Consider a proclamation proclaiming Fire Prevention Week. Mayor Culpepper read the appropriate proclamation and presented it to Fire Chief Lynn Bizzell. 6.C. Consider a proclamation proclaiming United Way Month. Mayor Culpepper read the appropriate proclamation and presented it to Joanne Land, President of the United 'Way, Jack Johnson, Executive Director, and Debbie Hoffman, Assistant Director. PRESENTATIONS: i.A. Consider a presentation concerning the Round Rock Avenue/Loon 384 Construction Pr� QJect. Joe Vining made the staff presentation. He introduced Randy Hoffman, Special Design Engineer with the Texas Department of Transportation. Hoffman informed the Council that he is responsible for preparing the plans, specifications and estimates for the letting of this project. He gave a brief history of 205 September 23, 1993 the total project and of the completions that have been made. This final phase will begin at Gattis School Road and go north to Brushy Creek. It will also include construction on Round Rock Avenue from IH -35 to Mays Street. The proposed improvements will include a five lane section from Gattis School Road to Logan Street and a four lane section from Lake Creek to Brushy Creek. It will be an urban facility with curb and gutter and storm drains and will include sidewalks, brick landscape pavers in the downtown area and pedestrian antique illumination like the ones on Main Street. These will be placed on Round Rock Avenue as well from III -35 to Mays Street. The existing bridges, Lake Creek and the Railroad bridge, will be widened. The construction will take 15 months and will be done by Capital Excavation. Hoffman introduced Joe Chesney the construction manager for Capital Excavation, Hank Hampton the on site inspector, Bill Glenn who will oversee the project for the State and Bob Day who will assist Mr. Glenn. The approximate cost of the project is $6 million dollars. He added the Highway Department will keep in close touch with the City, businesses, and property owners throughout the project. 7.B. Consider a presentation -concerning Hotel Motel Tax Allocations for 1993-1994. Janice McKennon, Chairman of the Tourism Committee, made the presentation and recommendation. The Tourism Committee reviewed the following applications for event funding: WhatABurger Holiday Classic Basketball Tournament - $7,000 Irony's National Anternational Invitational Girls Softball Tournament - $2,500 3rd Annual Sam Bass Bar-B-Que Cook -off - $2,500 Texas Music Fest - $7,500 American Legion Baseball Tournament - $6,000 Fiesta Amistad $3,000 Rock Hardball Classic Baseball Tournament - $3,000 Outlaw Trail 100 Bicycle Tour - $12,000 Sportsfest '94 - $10,000 Frontier Days Fast Draw Contest - $,5,000 Frontier Days - $10,000 The Tourism Committee recommended that each event be funded 100% of 206 September 23, 1993 the requested amount with the exception of the American Legion Baseball Tournament. That recommendation is that $2,000 for each tournament be granted up to the $6,000 they requested. McKennon added that the Tourism Committee has looked at studies and survey's on continued funding of existing events and those studies show that it takes approximately five years for a new or expanded event to become successful. Because several of the events that we already have in Round Rock are already profitable the Tourism Committee recommended decreasing funding for existing events over the next five year period. The 1993-1994 event funding request will serve as the base year for existing events. All organizations that requested funds this year were granted 100% funding regardless of the age of the event. Starting with the 1.994-1995 funding year the funding for these events shall be no greater than 80% of the base year request. Each consecutive funding request year shall be decreased by an additional 20%. So that eventually at the end of the five years each event is going to be profitable and will be able to go out on it's own without additional funding from the hotel/motel tax fund. This process will assist current events in continuing to grow but free up additional money to be utilized for other beneficial tourism efforts. Ellen Spinn made a presentation on behalf of the Chamber for their annual tourism budget. The Chamber requested $55,000 for the convention and tourism budget. Spinn provided the Council with information concerning various projects they are working on. She also showed the Council the first draft of the commercials that will be run in the Rio Grande Valley. 7.C. Consider a presentation concerning amending the Building Code to require addresses on all new construction. Joe Vining made the staff presentation. .Recent changes in postal delivery have caused problems for the City's public safety departments. The installation of neighborhood "gang boxes" (multiple mail boxes at a single location) has lessened the need for an address on every house. Because of this some of the builders have not been putting addresses on the houses and not all of the citizens were compelled to do that anymore. This is a problem especially if there is an EMS call and there is no address on the house. This also applies to businesses when they don't need a door to door contact with the public. Staff is proposing to bring back an ordinance that would require all new developments 207 September 23, 1993 commercial, industrial and residential, place a clear address on their business and on their residence so a good response can be made by BMS, Fire, and Police. Eventhough this ordinance does not provide for existing businesses and residents to comply with it; they will be encouraged to do so and will make them aware that they might need good response time for the public safety departments. 7.D. Consider a presentation by the Williamson County and Cities Health District concerning restaurant fees. Palo Pinto, Director of the Environmental Services, asked the Council to consider reviewing the fees which they are allowed to charge restaurants within the City. He asked the Council to adopt a new fee structure for the Food Purveyors Permit. He added, presently, all food establishments are required to maintain a current permit in order to operate within Williamson County. As long as this program has been in existence it has been the Health Department's intention for it to be self-sufficient. These fees no longer cover the cost of performing the needed inspections. The additional income will help further improve the program. Due to the increase in number and size of food establishments there is a need to increase the number of man hours being spent on the program. He concluded that he will be readily available to assist the City or its citizens in providing any needed information. PUBLIC HEARINGS: $.A. Consider public testimony concerning the proposed 1993-1994 Budget for the City of Round Rock. Mayor Culpepper announced that a presentation on the budget was made during the town meeting that was held from 6:00 pm to 7:00 pm prior to this Council meeting. At that time questions were answered by citizens calling into City Hall. Kautz noted there have been no changes to the budget since the first reading of the ordinance. There is no increase in the property tax rate and he recommended the adoption of the effective operating rate plus the debt service rate. The effective operating rate is designed to bring in the same amount of revenue on the property rolls this year that were also on the roll last year. And there are no increases on the water and wastewater fees in this budget. The following is a summary of the proposed budget for Fiscal Year 1993-1994: 1992-1993 1993-7.994 a i September 23,1993 Revised Budget Proposed Budget 3/93 General Fund Total Revenues' $ 9,749,855 $ 11,449,516 Total Expenditures _10,477,417) (11,237 800 Change in Fund Balance $ (727,562) $ 211,716 I&S Debt Services Total Revenues $ 4,881,310 $ 5,367,056 Total Expenditures (5.206, 50) (5,456 838 Change in Fund Balance $ (325,540) $ (89,782) Utility Fund Total Revenues $ 8,625,167 $ 8,834,839 Total Expenditures (8,693,173) (9,382,750 Change in Operations $ (68,006) $ (547,911) Other Source - S heduled Application of Impact Fees 0 550,000 Change in Working Capital $ (68,006) $ 2,089 * Total revenues for 1993-1994 include $250,000 from anticipated contractual sale of old country club. The following are amendments to the Operating Budget, Fiscal Year 1993- 1994: General Fund Expenditures Municipal Court Increase the monthly compensation paid to the Municipal Court Judge (from $2,000 to $2.400 per month) Police Department Medical examinations for victims of alleged sexual assault, if requested by the City, should be paid for by the City. (Code of Criminal Procedure) Estimated cost of activity: Youth Resource Officer - this item represents 1/4 of the annual cost of a police officer assigned as a resource to the School District. The District will cover 3/4 of the annual personnel cost. General Services Adjust the budget allocation for the Appraisal District from $112,000 to $105,445 (last year the allocation was $90,257) Utility Fund Expenditures Water/ Wastewater Treatments Plants Add funding for three Industrial Trades high school Annual Cost of this Amendment $4,800.00 $4,600.00 $8,136.00 ($6,555.00) 209 September 23,1993 students to assist and apprentice as treatment plant $9,500.00 operators.. Net total of amendments $20,481.00 Revenue Funds for these adjustments are expected to be available from operating revenues attributable to the Sales Taxes and from Permit and growth related fees. Mayor Culpepper opened the public hearing. There being no public testimony, Mayor Culpepper closed the public hearing. ORDINANCES: 9.A. Consider an ordinance adoptingth�posed 1993-1994 Budget of the City of Round Rock. (Second Reading} Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER 30, 1994, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. MOTION: Councilman Stewart moved to adopt the ordinance. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. 9.B. Consider an ordinance adopting the 1993 property tax rate. (Second Reading) The proposed operating budget for Fiscal Year 1993-1994 requires a property tax rate as follows: Maintenance & Operations 24.668 cents per $100 valuation Debt Service 32.256 cents per $100 valuation 210 September 23, 1993 Total Tax Rate 56.924 cents per $100 valuation The tax rate is the sum of the "Effective Operating Rate", the rate that yields the same amount of operating revenue from properties on the tax roll this year that were on the roll last year, and "Debt Service Rate." The proposed tax rate is based on a certified tax roll value of $1,074,056,000. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN +ORDINANCE LEVYING TAXES FOR THE MAINTENANCE AND OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF ROUND ROCK, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 1993. MOTION: Mayor Pro -tem Stluka moved to adopt the ordinance. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. 9.C. Consider an ordinance amending the City's Wrecker Ordinance. (Second Reading) Chief Wolff made the staff presentation. He noted there have been no changes since the first reading of the ordinance and this will be a good ordinance for the City. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.300, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS BY ADDING CERTAIN NEW DEFINITIONS, BY PROVIDING NEW INSURANCE PROVISIONS; BY PROVIDING FOR CLASSIFICATIONS OF PERMIT HOLDERS; BY PROVIDING FOR NEW PERMIT FEES; BY PROVIDING FOR CERTAIN RESPONSE TIMES; BY PROVIDING NEW RULES RELATING TO REMOVAL OF CARS FROM PRIVATE PROPERTY, BY PROVIDING NEW RULES RELATING TO THE REPOSSESSION OF VEHICLES; PROVIDING FOR A SAVINGS CLAUSE AND 211 September 23,1993 REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Palmer moved to adapt the ordinance. Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. 9.D. Consider an ordinance amending the Traffic Code to prohibit parking on the north side of Logan Street from South Mays to Mandell Street and on the west side of Mandell Street from the south end of the street north to Logan Street. (Second Reading) Joe Vining made the staff presentation. This ordinance will prohibit parking on the north side of Logan Street from South Mays to Mandell Street and on the west side of Mandell Street from the south end of the street north to Logan Street to help relieve the stress from the Pop Warner football activities on this neighborhood. This is a temporary solution until the sport activities that are held on this field can be moved to Old Settlers Park at Palm Valley. Mayor Culpepper read the caption of the ordinance. AN ORDINANCE AMENDING SECTION 9.1816, CODE OF ORDINANCES, 1990 EDITION, CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON THE NORTH SIDE OF LOGAN STREET FROM SOUTH MAYS TO MANDELL STREET, AND ON THE WEST SIDE OF MANDELL STREET FROM THE SOUTH END OF THE STREET NORTH TO LOGAN STREET; PROVIDING A SAVINGS CLAUSE, AND REPEALING CONFLICTING ORDINANCES. MOTION: Councilman Morgan moved to adopt the ordinance. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tern Stluka Councilman Morgan Councilman Stewart 212 September 23, 1993 Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. 9.E. Consider an ordinance adopting a water rate for Brushy Creek Municipal Utility District. {-Second Reading Bob Bennett made the staff presentation. A few weeks ago John Adams, Manager for the Brushy Creek Municipal Utility District, requested and was provided a copy of the latest rate study prepared by Searcy Willis, the City's rate consultant. The MUD Board let Mr. Anderson, their rate consultant, review the study. Mr. Anderson and Mr. Willis met to discuss some questions that were brought up. As a result of that meeting, Mr. Willis essentially agreed with Mr. Anderson and terms were satisfied. Staff asked the Council to change some of the figures in the ordinance that was read the first time setting the new rate for Brushy Creek MUD. The new figures would reflect the rate that the Council would adopt. The volume charge should be 93 cents per 1,000 gallons and the excess capacity charge should be $15,117 per month per mgd of excess capacity. The excess capacity factor indicates a monthly charge of $34,619. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE RATE CHARGED FOR WATER SERVICE TO THE BRUSHY CREEK MUNICIPAL UTILITY DISTRICT, PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES. MOTION: Councilman Stewart moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper 213 September 23,1993 Nees: None Absent: Councilman Joseph ACTION: The motion carried unanimously. 9.F. Consider an ordinance setting the date, time and place for a public hearing concerning the voluntary annexation of a 175.238 acre tract _of land (Jester Farm). (First Reading Joe Vining made the staff presentation. The applicant and owner, Charles M. Bradley, Jr., has petitioned for voluntary annexation of 175.238 acres of land. This tract is bounded by Old Settlers Boulevard on the north side, Sunrise Boulevard on the west side, and on the immediate south edge will be the extension of Bowman Road. The first public hearing will be held October 14, 1993 at 7:00 p.m. To meet the requirements for notification, the second hearing will be a special called public hearing by the City Council at 6:00 p.m. on Tuesday, October 19, 1993. The tract of land will be divided into three separate zoning proposals: 109.709 acres SF -2 (Single family -standard lot)' 60.528 acres MF (Multi -family), and 5.001 acres C-2 (Local Commercial). A portion of this tract is set aside for a future school site. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE SETTING A DATE AND TIME FOR A PUBLIC HEARING TO BE HELD IN THE CITY COUNCIL CHAMBERS AND SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF ROUND ROCK, TEXAS; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. MOTION: Councilman Palmer moved to adopt the ordinance. Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph 214 September 23, 1993 ACTION: The motion carried unanimously. MOTION: Mayor Pro -tem Stluka moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Morgan seconded the motion. "VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. RESOLUTIONS: 10.A. Consider a resolution authorizing the closing of Harrell Parkway for the Outlaw Trail. Sharon Prete made the staff presentation. The Parks and Recreation Department requested permission to close Harrell Parkway on Saturday, October 23, 1993 from 5:00 a.m. to 6:00 p.m. for the 6th Annual Outlaw Trail 100 Bicycle Tour. This event will attract approximately 600 participants and fill 150-200 hotel rooms. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Parks and Recreation Department of the City of Round Rock has requested that a section of Harrell Parkway as depicted on the attached map be closed from 5:00 o'clock a.m. until 6:00 o'clock p.m. on October 23, 1993 for the Outlaw Trail 100, and WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That a section of Harrell Parkway as depicted on the attached map be closed from 5:00 o'clock a.m. until 6:00 o'clock p.m. on October 23, 1993 for the Outlaw Trail 100. RESOLVED this 23rd day of September, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Mayor 215 September 23,1993 Pro -tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. 14.13. Consider a resolution authorizing the Mayor to submit a grant to the Bureau of justice Assistance for fourpolice officers. Rick Thomas made the staff presentation. He requested the Council's approval to submit a grant application for four additional police officers. The program, under which these officers will be funded, is called "Community Oriented Policing Services" (C.O.P.S.). The mission of the C.O.P.S. program is to form a partnership between the community and the police, utilizing a problem solving approach toward decreasing crime and the fear of crime. C.O.P.S. is a three year grant program which will fund 75% of the officers' salaries including fringe benefits each year of the grant period. The following is a breakdown of the salaries/fringe benefits: Salary: $24,731.20 Fringes: 7.190.41 (FICA, ins., TMRS, Workman"s Comp., Professional Pay Certification, TEC, Longevity) Total: $31,921.61 4 Officers at $31,921..61= $1.27,686.44 per year Annual Expenses BJA Grant funds 75% - 95,764.83 Projected Ex,eases: Total 3 year contribution - $287,294.49 City Match funds 25% - 31,921.61 Total 3 year match - 95,764.83 It is anticipated that funding will occur in November or December of 1993. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Bureau of Justice Assistance has grant funds available to cities for various law enforcement projects, and WHEREAS, grant funds are available through the Bureau of Justice Assistance for manpower necessary to implement the Community Oriented 216 September 23, 1993 Policing Services (C.O.D.S.) program designed to form a partnership between the community and the police, utilizing a program solving approach toward decreasing crime and the fear of crime, and WHEREAS, the City Council wishes to make application for the grant to provide financial assistance for the above-described program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to make the necessary application for the above-described grant. RESOLVED this 23rd day of September, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Morgan moved to approve the resolution. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. 10.C. Consider a resolution adopting the 1993-1994 HotellMotel budget. Joanne Land made the staff presentation. The Council was provided with a copy of the proposed entire hotel/motel budget for the year 1993-1994. Staff is projecting total funds available for 1993-1994 at $209,341. Expenditures are as follows: Tourism events - $68,500 Arts Support - $11,500 Chamber of Commerce Tourism Committee - $55,000 Operations and maintenance of the Community Center - $8,000 The total expenditures - $143,000 This would leave an ending unallocated fund balance of $6+6,341. In response to Mayor Culpepper's question, Councilman Palmer said he had 217 September 23, 1993 not booked the Community Band for the Fourth of July Gala. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock collects a seven (7) percent tax on hotel/motel rooms, and WHEREAS, the tax money is to be spent for promoting tourism and the arts, and WHEREAS, a proposed 1993-1994 budget for hotel/motel tax funds is attached which provides for expenditure of the funds in a manner in compliance with Section 1.1809 of the City Code (1990 Edition), Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the attached 1993-1994 Hotel/Motel Tax Budget is hereby approved and the disbursements shown thereon are hereby authorized. RESOLVED this 23rd day of September, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tem Stluka moved to approve the resolution. Councilman Stewart seconded the motion. VCDTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. 10.17. Consider a resolution authorizing the Mayor to enter into an agreement for the water proofing of the City Hall. David Kautz made the staff presentation. Svc bids were received for the water proofing of the City Hall and Parking Garage. David Kautz introduced Mike Tolson, Spectrum Associates, the City's project manager. Tolson recommended award of the project to the low bidder, Mid - Continental Restoration Co., Inc., for $41,017.00. He added the contractor is qualified 21.8 September 23,1993 and meets all the requirements. The following breakdown of the bid is within the budget of the project. $29,968.00 Base Bid 13,348.00 Alternate No. 1 -3,299.00 Adjustment to Alternate No. 1 1.000.00 Two (2) Year Maintenance Bondat $25.00/$1,000 $41,017.00 In response to Council's questions, Tolson explained the process that would be used in the renovations. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the exterior building rehabilitation of City Hall, and WHEREAS, Mid -Continental Restoration Company, Inc, has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Mid -Continental Restoration Company, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Mid -Continental Restoration Company, Inc., for the exterior building rehabilitation for City Hall, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 23rd day of September, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Palmer moved to approve the resolution. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palaver Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION:. The motion carried unanimously. 219 September 23, 1993 lo.E. Consider a resolution concerning Municipal Water Pollution Prevention, Jim Nuse made the staff presentation. The City is required to submit an annual audit to the EPA for Municipal Water Pollution Prevention. The goals of the program are to prevent wastewater violations; maximize the use of the wastewater facilities; and ensure timely planning and financing for future facilities. Council's approval is needed to submit the audit. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has reviewed the Municipal Water Pollution Prevention (MWPP) audit, and WHEREAS, the U.S. EPA has setforth objectives and goals for Publicly Owned Treatment Works (POTW) as attached, and WHEREAS, the City Council shall implement actions necessary to comply with the MWPP on an annual basis, Now Therefore BE IT RESOL'V'ED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the MWPP is hereby recommended for submission to the region -VI, U.S. EPA office for their approval. RESOLVED this 23rd day of September, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro -tem Stluka moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. 10.F. Consider a res lution nominating officers to the Williamson Count Appraisal District -Board. David Kautz made the staff presentation. The Appraisal District requested that the City provide nominations to the Appraisal District Board 220 September 23, 1993 of Directors. The Board of Directors consist of five members, they hold two year terms of which all expire on December 31, 1993. Staff recommended due to the time constraint in submitting the nominations that the current members be nominated contingent upon their acceptance to serve. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Section 6.03(g) of the Property Tax Code provides for the governing body of each taxing unit to nominate individuals for each position to be filled on the Williamson County Appraisal District Board of Directors, and WHEREAS, the Council of the City of Round Rock wishes to nominate the following individuals♦ Juan Aguilar Cecil Calvin Llorrente Navarette Val Velasquez Jerry Dusterhoff NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council of Round Rock hereby nominates the individuals stated above for the Williamson County Appraisal District Board of Directors. RESOLVED this 23rd day of September, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution as recommended by staff. Mayor Pro -tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTIQN: The motion carried unanimously. 10.G. Consider a resolution authorizing the Mayor to enter into an agreement with the Round Rock Independent School District for -billing and 221 September 23, 1993 collection of taxes. David Kautz made the staff presentation. Staff recommended entering into a contract with the Round Rock Independent School District for the billing and collection of property taxes. The cost for the service will be $1.54 per parcel for approximately 15,024 parcels. The price per parcel is the same as last year and is included in the operating budget. The total contract price is $22,536.44. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Round Rack independent School District wishes to contract with the City of Round Rock for the collection of all taxes on behalf of the City of Round Rock, Texas, and WHEREAS, the Council of the City of Round Rock wishes to enter into said contract with the Round Rock Independent School District, Now Therefore BE IT RESOLVED BY THE COUNCII, OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a contract with the Round Rock Independent School District which provides for the collection of all City taxes, a copy of said contract is attached hereto and incorporated herein for all purposes. RESOLVED this 23rd day of September, 1993. CHARLES CULPEPPER, Mayor City of Round Rack, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Palmer moved to approve the resolution. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes. None Absent: Councilman Joseph ACTION: The motion carried unanimously. 10.H. Consider a --resolution, authorizinga_ ddi_tignal funds to be paid to the Texas Department of Transportation for lighting, sidewalk, and curb and gutter improvements for the Round Rock Avenue/Mays Street project. 222 September 23,1993 10I Consider a resolution authorizirig additional funds to be paid to the Texas Department of Trans ortation for wat r and wastewater line improvements for the Round Rock Avenue/Mays Street project. Joe Vining made the staff presentation on item 10H. and 10.I at the same time at the Council's request. As a result of higher bids being received at contract letting; additional escrow funds are needed. Staff recommended approval of the resolution and to continue with the project. Joe Vining added, "This is important to the central city and if there are cutbacks in any area of the project it will give us less than a complete project." The amount due for item 10H will be: Total bid items $233,696.55 7% Construction Engineering and Contingencies 16,358.76 Sub -total $250,055-31 7.323% Indirect Cost 18,311.55 Sub -total $268,366.86 Less Previous Deposit [193,21$.14 Balance Due $75,148.72 The balance due will be paid from interest income from street bond projects. The amount due for item 101 will be: Total bid items $366,612.96 2% Administrative Costs 7.332.26 Sub -Total $373,945.22 7.323% Indirect Cost 27,384.09 Sub -total $401,329.39 Less Previous Deposit (349,614.39) Balance Due $ 51,714.92 The balance due will be paid from the Utility Fund. Mayor Culpepper read the following resolution for item 10H. RESOLUTION NO. WHEREAS, the City of Round Rock desires the construction of lighting, sidewalks, landscaping pavers, and curb and gutter improvements for the Round Rock Avenue/Mays Street Project, and WHEREAS, the State of Texas, by and through its Department of Transportation will provide such construction in exchange for a contribution from the City of $268,366.86, and WHEREAS, the City has made a deposit to the Department of Transportation in the amount of $193,218.14 in accordance with Resolution R93 -06-08-9E, WHEREAS, additional escrow funds are needed as a result of higher bids being received at contract letting, Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to deposit additional escrow funds in the amount of $75,148.72 with the Texas Department of Transportation for the construction of lighting, sidewalk, landscaping pavers, and curb and gutter improvements as described above, said invoice being attached hereto and incorporated herein as Exhibit "A". RESOLVED this 23rd day of September, 1993. 223 September 23, 1993 .ATTEST: JOANNE LAND, City Secretary CHARLES CULPEPPER, Mayor City of Round Rock, Texas MOTION: Councilman Morgan moved to approve the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: alone Absent: Councilman Joseph ACTION: The motion carried unanimously. Mayor Culpepper read the following resolution for item 101. RESOLUTION NO. WHEREAS, the City of Round Rock desires the construction of water and wastewater line improvements for the Round Rock Avenue/Mays Street Project, and WHEREAS, the State of Texas, by and through its Department of Transportation will provide such construction in exchange for a contribution from the City of $401,329.39, and WHEREAS, the City has made a deposit to the Department of Transportation in the amount of $349,614.39 in accordance with Resolution R93-06-08-91), WHEREAS, additional escrow funds are needed as a result of higher bids being received at contract letting, Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to deposit additional escrow funds in the amount of $51,714.92 with the Texas Department of Transportation for the construction of water and wastewater line improvements as described above, said invoice being attached hereto and incorporated herein as Exhibit "A" RESOLVED this 23rd day of September, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Morgan moved to approve the resolution. 224 September 23, 1993 Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman' Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. APPOINTMENTS: 11.A. Consider 1 appointment to the Ethics Review Commission. Mayor Culpepper noted that Barry Sullivan submitted a letter of interest. Mayor Culpepper opened the floor for nominations. Barry Sullivan was nominated. MOTION: Mayor Pro -tem Stluka moved that nominations cease and appoint Barry Sullivan to the Ethics Review Commission by acclamation. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. 11.B. Consider 1 appointment to the Central Texas Library System. Dale Ricklefs made the staff presentation. Every two years the City Council has an opportunity to approve the appointment of one person to represent the City at Central Texas Library System meetings. This representative votes on issues related to state funding and regulation of the library system, of which Round Rock is a 225 September 23,1993 member. Staff recommended that Henry Lathin continue in this position which he has held for three years. He has been contacted and is agreeable to serve once more. His term will be for two years, ending August 30, 1995. MOTION:. Mayor Pro -tem Stluka moved to appoint Henry Lathin to the - Central Texas Library System by acclamation. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. 11.C. Consider 1 appointment to the Planning and Zoning Commission. Mayor Culpepper read Dianna Kocurek's letter of resignation. Mayor Culpepper opened the floor for nominations. Brian Lott was nominated. MOTION: Mayor Pro -tem Stluka moved that nominations cease and appoint Brian Lott to the Planning and Zoning Commission by acclamation. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. DISBURSEMENTS: 2 2 fo" September 23, 1993 12.A. Consider payment to Baker Aicklen & Associates. Inc. for street improvements to Gattis School Road in the amount of $7,40$.50. 12.8. Consider payment to Fisher HagoQd & Heil, Inc. for engineering services for Creekbend Boulevard imi2rgvements in the amount of $907.50. 12.0 Consider payment to H B Travis Constructors, Inc. for improvements to the Community Center in the amount of 21555.00. 12.D. Consider payment to H.B. Travis Constructors Inc. for renovati n of the Palm House in Old Settlers Park at Palm Valley. This item was withdrawn from the agenda. 12.E. Consider payment to RTG Partners for the Civic Center Feasibility Study in the amount of $539.10. 12.F. Consider payment to Round Rock Construction for improvements to Creekbend Boulevard in the amount of $52,253.00. MOTION: Mayor Pro -tem Stluka moved to approve the disbursements. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Joseph ACTION: The motion carried unanimously. NEW BUSINESS: None OLD BUSINESS: None CITY MANAGER'S REPORT: None COUNCIL COMMENTS: Mayor Pro -tem Stluka said he received a call from a concerned citizen asking if the solicitation for money or food by transients or homeless individuals was allowed on street corners under the solicitors ordinance. Sheets responded that this type of solicitation was not covered under the ordinance and we have no ordinance prohibiting that type of solicitation. He added 221 September 23,1993 there are various civic and organized groups that do basically the same thing. So if you prohibit one then you need to prohibit everyone from doing it. Councilman Morgan wished Councilman Joseph a speedy recovery. Mayor Culpepper thanked staff for all the work they did in preparing for this year's budget. EXECUTIVE SE55ION: 17.A. Executive S ssion as authorized by Article 6252-17 Section 2 Subsection e Vernon's Texas Civil Statutes relating to pending and/or—contemplated litiaation, including. but not limited to i Tal -Tex Inc. (ii) BrushCreek ML1-D rate The Council recessed into Executive Session at 8:30 p.m. and adjourned back into Regular Session at 8:55 p.m. 18.A. Consider discussion and or action one� nding litigation including, but not limited to. (i) Tal -Tex. Inc. (ii) Brushy Creek MUD rate No action was taken on these items. ADI iJRNMENT: There being no further business, the meeting adjourned at 8:56 p.m. Respectfully Submitted, Joanne Land, Assistant City Manager/ City Secretary 228 October 14, 1993 The Round Rock City Council met in Regular Session on Thursday, October 14, 1993 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro -tem Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman jimmy Joseph. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets.. APPROVAL OF MINUTES: Regular Session September 23, 1993 MOTION: Councilman Joseph moved to approve the minutes as submitted. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Councilman Palmer reported that the City of Round Rock lost one of their pioneers, Artie Mae Schooley, who passed away on Monday, October 11, 1993. She was a real active member of the community and will be greatly missed. 4.A. Steve Carrizal - Crop Walk: Mr. Carrizal informed the Council that a 10K CROP WALK was being planned by several churches and the YMCA for Sunday, October 31, 1993, from 2:00 p.m. to 4:00 p.m. The walk would begin at the YMCA on N. Mays and head north to the Round Rock Christian Church building then back to the YMCA. The CROP WALK is a fund raising event. Twenty-five percent of the funds raised would go to two local agencies, Meals on Wheels and the Round Rock Area Serving Center. 4.B. Friends of the Library: Sandy Brunswick and Diane Mackey informed the Council of events and programs sponsored by the Friends of the Library. They 229 October 14, 1993 outlined their current needs and extended an invitation to the Council to join Friends of the library. They noted the next general meeting of Friends is October 19th and their annual Mystery Night is scheduled for February 25-26, 1994. PROCLAMATIONS: 5.A. Consider a_ proclamation proclaiming Red Ribbon Week. Mayor Culpepper read the appropriate proclamation and presented it to students from C.D. Fulkes Middle School. 5.B. Consider a proclamation proclaimingQuality Month. Mayor Culpepper read the appropriate proclamation and presented it to Dale Ricklefs, Quality Manager/Library Director for the City. 5.C. Consider a proclamation proclaiming Quality Day at Tellabs. Mayor Culpepper read the appropriate proclamation and presented it to Dianna Elliott of Tellabs, Inc. PRESENTATIONS: 6.A. Consider a presentation regarding,rggWating of cable television and the Cable Act of 1992. Cheryl Rayner of the City Attorneys office made the staff presentation. Prior to 1984, the Federal Communication Commission (FCC) as well as some local governments regulated certain aspects of cable television. In 1984 Congress removed much of the regulatory power from the local governments in the hope that deregulation would foster more competition and lower rates. In response to many cable subscriber complaints Congress passed the 1992 Cable Consumer Protection Act, which provides rate review powers to local governments. The rate review power extends only to the basic service tier. Congress maintained its jurisdiction to regulate expanded service tiers, premium channels and pay-per-view. Rayner explained the process that the Council would have to take to begin regulating cable rates. Bob Bennett added that the presentation was mainly to let the Council know the status of the 1992 Cable Consumer Protection Act and the options that the Council has. He added that staff was not ready to make a recommendation to the Council at this time. Mayor Culpepper recognized the Round Rock Red Raiders for their participation in the Waco Columbus Day Soccer Tournament. He presented the 230 October 14, 1993 team with Certificates of Athletic Achievement for their efforts at the tournament. 6.B. Consider a presentation concerning health insurance. David Kautz made the staff presentation on the City's health insurance program. Currently, the City has 304 employees and 100 families on the health insurance program for a cost of $630,000 a year for health insurance.: The City's coverage is a currently a PPO (Preferred Provider Organization) with the 'TRIMED Corporation which includes Round Dock Hospital as the primary health care facility. The program is underwritten by Philadelphia American Fife. The health plan itself was designed by employees of the City to meet the needs of the employees. The plan was also designed with costs in mind and limited certain coverage to manage costs. An opportunity for further cost savings over the long run has occurred through a self- funded concept. The self -funding concept essentially "unbundles"' the traditional package of insurance as it is known. Staff feels that the PPO health care plan, while maintaining Round Rock Hospital as the primary care provided, can be improved in a variety of way, some of which are: 1. Partially self -fund the plan: Under this method, the City would pay claims incurred instead of premiums to an insurer. If claims are reduced through effective case management or wellness programs, the City pays out less and saves money. Z, Obtain catastrophic or stop -loss insurance: This provides a "safety net" for the City's self -funding in case claims exceed expectations. 3. Third Party Administrator (TPA): Retain a professional administrator to coordinate and manage the plan and process all of the claims activity. 4. Implement a managed care or specialty care referralsir tem: Under this improvement, access to specialty care or facilities would be managed by a case review or referral process. Another benefit from self -funding the insurance program is that it removes the profit component that is traditionally paid to a single insurance company. The City could possibly see a stabilization or optimistically a reduction of cost in the future through this type of program. Another motivation for looking at this type of program is that the City"s current insurer, unfortunately, is not customer oriented. They are not responsive enough to the employees needs and the City is facing a 231 October 14,1993 substantial rate increase from them. Kautz explained the financial aspect of the self - funding. After discussion the Council directed staff to proceed with the recommendation presented. PUBLIC HEARINGS: 7.A. Consider public testimony_ concerning the voluntary annexation of a 175.238 acre tract of land out of the Georwt e W. Glasscock Survey, Abstract No. 267 and the P.A. Holder Survey, Abstract No. 295, Williamson County, Texas ester Farm). Hugh Bender, Principal Planner, made the staff presentation. The applicant and owner, Charles M. Bradley, Jr., has petitioned for voluntary annexation of 175.238 acres of land. This is the first of two required public hearings. To meet the requirements for notification, the second public hearing would be held at 6:001 p.m. on Tuesday, October 19, 1993 by the City Council. The first reading of the ordinance will be November 23, 1993. This tract of land is bounded by Sunrise Road on the west and FM3406 on the north. The applicant has presented a concept plan to the Planning and Zoning Commission. The tract of land would be divided into three separate zoning proposals: 149.709 acres SF -2 (Single Family -Standard Lot), 60.528 acres MF (Multi -Family); and 5.401 acres C-2 (Local Commercial). The Planning and Zoning Commission recommended approval of the concept plan with the condition that the C-2 zoning designation be deleted. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 7.B. C resider public testimony n the proposed repair or demolition of the following properties: 1. 202 E. Austin Ave. (Blk 46A, Lot 5 S 1/2, RROP) 2. 1309 Ledbetter St. (3.66 acres, J.M. Harrell Survey) 3. 9012 Bowman Rd. (1.24 acres, David Curry Survey) 4. 1414 Sam Bass Rd. (1.51 acres, J.M. Harrell Survey) 5. 900 Clark St. (1.5001 acres, J.M. Harrell Survey) 6. 702 S. Mandell St. (Blk 3, Lot 2, Bradshaw Addition) 7. 7 Chisholm Trail Rd. (.25 acres, J.M. Harrell Survey) 8. E. Main behind 149 Moye St. (Lot 13, back PT of E 1/2, & Lot 14, back PT of W 1/2, Merrill Addition) 9. 14 Chisholm Trail Rd. (.67 acres, J.M. Harrell Survey) 101. 16 Chisholm Trail Rd. (.88 acres, J.M. Harrell Survey) 11. 203 E. Liberty Ave. (Blk 21, Lot 12, RR0_?P) Steve Sheets made the staff presentation. He recommended that this item be 232 October 14,1993 withdrawn from the agenda to allow additional time for proper notification to the property owners but if anyone was present to speak on the proposed repair or demolition of the noted properties they could do so. Mayor Culpepper opened the floor for public testimony. There being none he said the next public hearing would be held on November 9, 1943. QRDINANCES: 8.A.Consider an ordinance amending the Building Cade to require addresses on all new construction. (First Reading Hugh Bender made the staff presentation. A presentation on this item was made at the last City Council meeting. This ordinance would require all new buildings to display a clearly marked address that is visible from the street. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, BY ADDING SECTION 3.114 REGULATING VISIBILITY OF ADDRESSES OF BUILDINGS WITHIN THE CORPORATE LIMITS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MQTION: Councilman Joseph moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph. Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan 233 October 14,1993 Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 8.B. Consider an ordinance changing the name of Corridor Place to Wadley Place; Corridor Drive to Parker Drive,• and a portion of Jarrett Way -to Michael Angelo Warr. (First Reading) Hugh Bender made the staff presentation. These name changes were discussed and agreed to at the time the City entered into the tax abatement with Investex (Michael Angelos Gourmet Foods). Bender added that one of the name changes would split Jarrett Way into two streets. The owner proposes to erect a column that would designate which portion of the street would be Jarrett Way and which would be Michael Angelo Way. The Fire Department, Police Department and 9-1-1 Center were contacted and approved the name changes. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE CHANGING THE NAME OF CORRIDOR PLACE TO WADLEY PLACE; CHANGING THE NAME OF CORRIDOR DRIVE TO PARKER DRIVE; AND CHANGING THE NAME OF A PORTION OF JARRETT WAY TO MICHAEL ANGELO WAY; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTiONS. MOTION: Councilman Joseph moved to adopt the ordinance. Mayor Pro - tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 234 {October 14, 1993 MOTION: Councilman Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 8.C. Consider an ordinance amending the Traffic Code by designating the intersection of Logan Street and Lawnmont Drive as a stop intersection by addin stop ins on Logan Street. First Reading) Hugh Bender made the staff presentation. There are stop signs on Lawnmont Drive at Logan Street. Staff recommended that stop signs be placed on Logan Street at this intersection because Lawnmont Street is a heavily traveled street and is creating a traffic hazard at this intersection. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE DESIGNATING THE INTERSECTION OF LOGAN STREET AND LAWNMONT DRIVE AS A STOP INTERSECTION BY ADDING STOP SIGNS ON LOGAN STREET; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilman Palmer moved to adopt the ordinance. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph 235 October 14, 1993 Mayor Culpepper Noes: None ACTION: The motion carried unanimously. B.D. Consider an ordinance amending the Traffic Code by declaring the maximum 12rima faciespeed limit as 45 mj2h upon Redbud Lane (County Load 122 within the cor orate limits of the Cijy of Round Rock, First Reading) This item was withdrawn from the agenda. B.E. Consider an ordinance amending the restaurant permit fees a reQuested by the Williamson Count and Cities Health District. First Reading) A presentation was made at the last City Council meeting on this item. This ordinance would amend the fees being charged to restaurants for Food Purveyors Permits. The fee covers the necessary cost of performing inspections associated with the permit. In order to make the program self-sufficient the fees need to be changed. Debra Mara of the Williamson County Health District was present to answer any of the Council's questions. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 6.503, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS TO CHANGE THE FEES FOR THE INSPECTION OF FOOD ESTABLISHMENTS BY THE WILLIAMSON COUNTY HEALTH DEPARTMENT; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro -tem Stluka moved to adopt the ordinance. Councilman Palmer seconded the motion. NOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. B.F. Consider an ordinance repealing Chapter 4 Section 4.400 Massage 236 October 14,1993 Parlors Code of Ordinances 1990 Editi n. First Readingl Steve Sheets made the staff presentation. In 1980 the City Council adopted an ordinance regulating massage parlors in the City. At that time, there were no state statues regulating massage parlors. The 72nd Legislative passed House Bill 2420 which amended Article 4512k V.A.T.S. This statute extensively regulates massage therapists across the state and therefore preempts the City's ordinance. Having the ordinance remain on the books could be confusing to massage therapists and law enforcement personnel. Staff recommended adoption of the ordinance repealing massage parlor regulations in the City of Round Rock. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 4, SECTION 4.400, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, WHICH REGULATES MASSAGE PARLORS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Stewart moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Stewart moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer 237 October 14, 1993 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 9.A. Consider a resolution approving the 1993-1994 Law Enforcement Fund Budget. Chief Wolff made the staff presentation. The law requires that a budget be established for any ceased or forfeiture funds the City receives. The Council was provided with a copy of that budget. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Chapter 59 of the Code of Criminal Procedure provides for the forfeiture of contraband used in, or gained from the commission of certain criminal activity, and WHEREAS, Art. 59.064aj C.C.P. provides that a local law enforcement agency may enter into an agreement with the state's attorney setting out how the contraband and/or the proceeds from the sale thereof shall be distributed, and WHEREAS, a local agreement exists between the City of Round Rock Police Department and Williamson County District Attorney, and WHEREAS, Art. 59.06(d) C.C.P. provides for the governing body of the city to approve a budget for the expenditure of proceeds from such contraband, and WHEREAS, the 1993-94 Law Enforcement Fund Budget has been submitted to the City Council for its review and approval, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposed 1993-94 Law Enforcement Fund Budget for the expenditure of proceeds from such contraband is hereby approved. RESOLVED this 14th day of October, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman 'Stewart seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph 233 October 7.4,1993 Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.B. Consider a resolution authorizing the Mayor to sign an agreement for matching funds under the ISTEA Enhancement Program for the Facilities for Pedestrians and Bicycles project and the Landscaping project along Mars Avenue and Round Rock Avenue. Hugh Bender made the staff presentation. The City, on September 15th, submitted a pedestrian and landscaping project under Enhancement Funding through the Intermodal Transportation Efficiency Act of 1991. This project, if selected by the Texas Transportation Commission, will create a scenic entryway into downtown Round Rock. This resolution is required under this grant proposal guaranteeing that the City would pay the matching amount should the project be selected. If awarded, the City is required to provide $39,716.00 in matching funds about mid -year, 1994. There are two components to this project. The first is the completion of antique lighting along Mays Avenue (Business Loop 384) between Brushy Creek and the Missouri -Pacific Railroad tracks. Additional antique lighting on Main Street would be placed between existing antique lighting which has proven to be inadequate and a potential pedestrian safety problem at night. The second phase of this project involves the landscaping of various right-of-way areas and City property along Round Rock Avenue and Mays Street (Business Loop 384). Landscaping in the areas would include irrigation, grass small shrubs, civic identification signs, trees, benches and lighting when required. The area at Liberty and Round Rock .Avenue will include a Welcome To Round Rock sign with landscaping and lighting. The area where the well and gazebo would be relocated would also include landscaping enhancing the intersection into the downtown area. The area at Bagdad and Mays would be landscaped as a result from the closing of Bagdad with current roadway improvements. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires the construction of street lighting and landscaping improvements for the Round Rock Avenue/Mays Street area under Enhancement Funding as authorized by the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991, and WHEREAS, the State of Texas, by and through its Department of 239 October 14,1993 Transportation will provide such construction in exchange for a contribution from the City of $39,71.6, and WHEREAS, the City will deposit, as required, to the Department of Transportation the amount of $39,716 if project is selected by the Texas Transportation. Commission. BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to deposit matching funds in the amount of $39,716 with the Texas Department of Transportation for the construction of street lights and landscaping improvements as required under the Intermodal Surface 'Transportation Efficiency Act of 1991. RESOLVED this 14th day of October, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST:. JOANNE LAND, City Secretary M TION: Councilman Stewart moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.C. Consider a resolution authorizing the Mayor to enter into an engineering contract with Bury Pittman for the Southeast Water Loo Improvements. This item was withdrawn from the agenda. 9.D. Consider a resolution authorizing the Mayor to enter into an engineering contract with Bury Pittman for the Williamson Drive Water and Wastewater Improvements. This item was withdrawn from the agenda. 9.E. Consider a resolution authorizing the Mayor to enter into an agreement with Trinijy Engineering Testing Corporation for Geotechnical Engineering Services for the Gattis School Road project. Jim Nuse made the staff presentation. In order to complete the Engineering design for the Gattis School Road project, it is necessary to hire the services of a Geotechnical Engineering firm. Staff reviewed proposals from 240 October 14,1993 three firms and recommended award of the bid to Trinity Engineering Testing Corporation for $11,200. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to have geotechnical engineering services for the Gattis School Road project, and WHEREAS, Trinity Engineering Testing Corporation, has submitted an agreement to provide said geotechnical engineering services, and WHEREAS, the City Council desires to enter into said agreement with Trinity Engineering Testing Corporation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND D ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Trinity Engineering Testing Corporation for geotechnical engineering services for the Gattis School Road project, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 14th day of October, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION; Councilman Stewart moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: None DISBURSEMENTS: 11.A. Consider final payment to H B Travis Constructors Inc. for improvements to the Community Center in the amount of $6,593.00. 11.B. Consider payment to _COR Construction Company, Inc for the West Wastewater Treatment Plant Sludge Pumping Improvementin the amount of 241 October 14,1993 11.C. Consider final payment to N.G. Painting,Inc. for the repainting of the McNeil Road Storage Tank in the amount of $3,850.00. 11.1). Consider payment to Trans -Vac Systems for the grating improvements at the Water Treatment Plant in the amount of $U -50-00- 11.E. 11.E. Consider payment to Round Rock Construction for improvements to Creekbend Boulevard in the amount of 47 493.4{1. 11.F. Consider payment to COR Construction Com any, Inc. for Chisholm Trail Maintenance and Safety Improvements in the amount of $13,649.53. 11.G. Considera nt to Chasco Contracting, Inc. for the Lake Cre k Drive Drainage Improvements in the amount of $2,000.00. 11.H. Consider payment to Baiter-Aicklen & Associates, Inc. for street improvements to Gattis School Road in the amount of 19,065.80. 11.I. Consider final payment and a change order to Southwestern Underground Supp-ly Supp-1for the Northeast Round Rock Utilijy Main Inspections in the amount of $5,757.58. 11.1. Consider finalpayment to Fisher -Ha good for engineering_ services for the Lake Creek Drive Drainage Imi2rovements in the amount of $275.10. MOTION: Councilman Joseph moved to approve the disbursements. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro -tem Stluka Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. NEW BUSINESS: Nona QLD BUSINESS: None CITY MANAGER'S REPORT: Bob Bennett noted that a copy of the September Capital Project report was provided for the Council's review. 242 October 14, x993 COUNCIL COMMENTS: Mayor Pro -tem Stluka commended Councilman Palmer for his leadership on the Environmental Recycling Subcommittee. , Councilman Palmer noted the City had started taking their sludge to Austin for recycling. Since this process has produced Dillo Dirt for Austin possibly it would produce Dragon Dirt for Round Rock. Councilman Joseph congratulated Mike Thoene on his recent achievement that was reported in the Round Rock Leader. He also thanked everyone who expressed and showed their concern during his recent illness. Mayor Culpepper encouraged everyone to attend the Battle of the Sell football game on Friday, October 15, 1993, between Round Rock High School and Westwood High School. EXECUTIVE SESSIQN: 16.A. Executive Session as authorized by Article $252-17 Section 2, Subsection (e). Vernon's Texas Civil Statutes relating to pending and/or contemplated litigation, including, but not limited to. (i) Southland Corporation The Council recessed into Executive Session at 8:40 p.m. and adjourned back into regular session at 8:50 p.m. DLII BUSINESS: 17.A. Consider discussion and/or action on pending litigation including, but not limited to, (i} Southland Corporation No action was taken on this item.. ADJOURNMENT: There being no further business, the meeting adjourned at 8:51 p.m. Respectfully Submitted, J nne Land, Assistant City Manager/ City Secretary 243 October 19, 1993 The Round bock City Council met in Special Called Session on Tuesday, October 19, 1993 at 6:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Councilman Rod Morgan, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Mayor Charles Culpepper and Mayor Pro tem Stluka were absent because they were out of town on business. Also present were Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. Councilman Joseph chaired the meeting due to the absence of the Mayor and Mayor Pro -tem. PUBLIC HEARINGS: 3.A. Consider public testimoU concerning the voluntary annexatign of a 175.235 acre tract of land out of the George W Glassock Survey, Abstract No. 267 and the P.A. Holder Survey, Abstract No. 295 Williamson CounjY, Texas ester Farm). Joe Vining made the staff presentation. This is the second of two required public hearings. The applicant and owner, Charles M. Bradley, Jr., has petitioned for voluntary annexation of 175.238 acres of land. This tract of land is bounded by Sunrise Road on the west and Old Settlers Boulevard (FM3406) on the north. The tract of land would be divided into three separate zoning proposals: 109.709 acres SF - 2 (Single Family -Standard Lot); 60.528 acres MF (Multi -Family); and 5.001 acres C-2 (Local Commercial). The Planning and Zoning {Commission recommended approval of the concept plan with the condition that the C-2 zoning designation be deleted. Councilman Joseph opened the public hearing. There being no public testimony, the public hearing was closed. QRDINANCES: 4.A. Consider an ordinance vacating all of the 7.5' public utility easement located across and through Lot 1. Block "A" of the Crystal Park Subdivision. (First Reading) Joe Vining made the staff presention for items 4A, 4B, 4C and 4U. These easement vacations are being requested by the owner, Classic Automotive, Inc. The original easements were dedicated by separate instrument, and not by plat, therefore Council action is required before the easements can be vacated. These easements are located on the tract of land that was originally part of the northern end of Business 244 October 19,1993 81 before it was realigned. Councilman Joseph read the caption of 'the ordinance. ORDINANCE NO. AN ORDINANCE VACATING ALL OF THAT CERTAIN SEVEN FOOT SIX INCH (73) PUBLIC UTILITY EASEMENT LOCATED ACROSS AND THROUGH LOT 1,. BLOCK "A" OF THE CRYSTAL PARK SUBDIVISION IN ROUND ROCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilman Palmer moved to adopt the ordinance. Councilman Morgan seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Noes: None Absent: Mayor Culpepper Mayor Pro -tem Stluka ACTION: The motion carried unanimously. 4.B. Consider an ordinance vacating all of the 12' sanitary sewer and waterlineeasement located across and through Lot 1 Block "A" of the Crystal Park Subdivision as recorded by instrument in Volume 712 Pae 132 Official Records of Williamson County, Texas. (First Reading] ' Councilman Joseph read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE VACATING ALL OF THAT CERTAIN TWELVE (12') FOOT SANITARY SEWER AND WATERLINE EASEMENT LOCATED ACROSS AND THROUGH LOT 1, BLOCK "A" OF THE CRYSTAL PARK SUBDIVISION IN ROUND ROCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLIC'T'ING ORDINANCES AND RESOLUTIONS. MOTION: Councilman Palmer moved to adopt the ordinance. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez 245 October 19, 1993 Councilman Joseph Noes: None Absent: Mayor Culpepper Mayor Pro -tern Stluka ACTION: The motion carried unanimously. 4.C. Consider an ordinance vacating all of the 6' sewer or waterline easement located across and through Lot 1, Block "A" of the Crystal Park Subdivision. (First Reading) Councilman Joseph read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE VACATING ALL OF THAT CERTAIN SIX (6') FOOT SEWED. OR WATERLINE EASEMENT LOCATED ACROSS AND THROUGH LOT 1, BLOCK "A" OF THE CRYSTAL PARK SUBDIVISION IN ROUND ROCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND REPEALING C+DNFLI+CTING ORDINANCES AND RESOLUTIONS. MOTION: Councilman Stewart moved to adopt the ordinance. Councilwoman Chavez seconded the motion.. VQTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Noes: None Absent: Mayor {Culpepper Mayor Pro -tem Stluka ACTION: The motion carried unanimously. 4.D.. Consider an_ _ordinance vacating all of the 12' sanitary sewer and watterlineeasement located across and through Lot 1, Block "A" of -the Crystal Park Subdivision as recorded by instrument in Volume 714, Page 413, Official Records of Williamson County, Texas. (First Reading) Councilman Joseph read the caption of the ordinance. 1010 6 r:11-ON•I 93 AN ORDINANCE VACATING ALL OF THAT CERTAIN TWELVE {12"} FOOT SANITARY SEWER AND WATERLINE EASEMENT LOCATED ACROSS AND THROUGH LOT 1, BLOCK "A" OF THE CRYSTAL PARK SUBDIVISION IN October 19,1993 ROUND ROCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilman Palmer moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Noes: None Absent: Mayor Culpepper Mayor Pro -tem Stluka ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 6:08 p.m. Respectfully Submitted, oanne Land, Assistant City Manager/ City Secretary 247 October 28, 1993 The Round Rock City Council met in Regular Session on Thursday, October 28, 1993 at 7:.00 p.m.. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Charles Culpepper, Councilman Rod Morgan, Councilman Earl. Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Mayor Pro -tem Robert Stluka was out of town on business. Councilman Rick Stewart was absent due to illness. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets, APPROVAL OF MINUTES: Called Session October 1.9, 1993 Regular Session October 14, 1993; Special MOTION: Councilman Joseph moved to approve the minutes as submitted. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka Councilman Stewart ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Mayor Culpepper recognized Cub Scouts, Pack 157 from Deepwood Elementary. Sharon Nobles introduced the Cub Scouts. The Cub Scouts were here earning a merit badge in City government. PROCLAMATIONS PRESENTATIONS: 6.A. Consider a presgntation by Ralph Rocco of Round Rock Refuse. Ralph Rocco, Operations Manager for Round Rock Refuse, made the presentation. Mr. Rocco informed the Council that on October 9, 1993, the Texas Water Commission began enforcing their long awaited compliances for municipal Solid waste landfills otherwise known as Subtitle "I3" Rules. These compliances have significantly ! o October 28,1993 increased the overall costs of operating landfills. Surrounding landfills have already increased their rates 30-40% although Texas Disposal Systems Landfill will not increase their rate to Round Rock Refuse until January 1, 1994, and the rate will be $1.00 per home per month. The increase is derived from the landfill increase times one yard of waste generated per home. Effective date of this landfill increase would be ,January 1, 1994. Round Rock Refuse has recently changed landfills. They are currently dumping at the Texas Disposal System landfill site. Rocco assured the Council that TDS was the most competitive of the area landfills and agreed to a five year period with only a slight increase starting' the third year, in 1996. The owners of the landfill share Round Rock Refuse concerns of future needs to compost and to recycle and are willing to work with the City. Mr. Rocco thanked everyone for their cooperation. Councilman Palmer asked when it would be presented to Council for action. Bob Bennett informed the Mayor and Council the action item will be presented before January 1, 1994. Mayor Culpepper noted that October 27, 1993, was National Unfunded Mandates Day. PUBLIC HEARINGS: 7.A. Consider public testimony concerning rezoning .42 acres of land out of the J.M. Harrell Survey Abstract 284, from SF -2 (Single Family -Standard Lot) to I-1 (Industrial). Joe Vining made the staff presentation. Staff supported the rezoning request for industrial land use because it is consistent with the General Plan. The owner of the property, Capital Aggregates, has the property under contract for sale to the owner of an adjacent lot to the north (a sign company who will use the property to store materials and vehicles). The tract is located off Sam Bass Road, west of Chishom Trail and east of Gild Town Meadows Subdivision. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 7.B. Consider public testimony concerning the original zoning of District SF - 2 (Single Famil - tandard Lot on 114.71 acres of land out of the Geor e W. Glassock Survey, Abstract No 267 and the P A Holder Survey, Abstract No. 295 in Williamson County, Texas, Application No. 93-5027. jester Farm) Joe Vining made 249 October 28, 1993 the staff presentation. The owners requested original zoning of District SF -2 (Single Family -Standard Lot). Staff will present the annexation ordinance and original zoning ordinance at the November 23, 1993 meeting. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 7.C. Consider public testimony concerning the originalzoning of District MF (Multi family) on 60.528 acres of land out of the George W. Glassock Survey[ Abstract No. 267 and theP.A._ Holder_Survey, AbstractNo. 2.95 in Williamson County, Texas, Application No. 93-5028. Oester Farm) Joe Vining made the staff presentation. This site is located near a major transportation node; abuts an arterial roadway, and contains a creekside habitat. These factors support zoning as a multi- family development tract. The owners requested original zoning of District MF (Multi -Family). Staff will present the annexation ordinance and original zoning ordinance at the November 23, 1993 meeting. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: B.A. Consider an ordinance amending the Traffic Code by designating the intersection of Logan Street and Lawnmont Drive as a stop intersection by adding stosignns on Logan Street. (Second Reading] Joe Vining made the staff presentation. There were no changes since the first reading. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE DESIGNATING THE INTERSECTION OF LOGAN STREET AND LA NMO T DRIVE AS A STOP INTERSECTION BY ADDING STOP SIGNS ON - LOGAN STREET; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman Chavez 250 October 28,1993 Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka Councilman Stewart ACTION: The motion carried unanimously. 8.B. Consider an ordinance amending the restaurant permit fees as requested by the Williamson County and Cities Health District. (Second Reading} Bob Bennett made the staff presentation. There were no changes since the first reading of the ordinance. Staff recommended' approval. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 6.503, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS TO CHANGE THE FEES FOR THE INSPECTION OF FOOD ESTABLISHMENTS BY THE WILLIAMSON COUNTY HEALTH DEPARTMENT; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Morgan moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka Councilman Stewart ACTION: The motion carried unanimously. 8.C. Consider an ordinance vacating all of the 7.5"public utiliW easement located across and through Lot 1 Block "A" of the Crystal Park Subdivision. (Second Readingi Joe Vining made the staff presentation. This easement vacation is being requested by the owner, Classic AutomotiVes, Inc. The original easement was dedicated by separate instrument, not by plat, and therefore requires Council action for vacating. 251 October 28, 1993 Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE VACATING ALL OF THAT CERTAIN SEVEN FOOT SIX INCH. (7.5) PUBLIC UTILITY EASEMENT LOCATED ACROSS AND THROUGH LOT 1, BLOCK "A" OF THE CRYSTAL PARK SUBDIVISION IN ROUND ROCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Morgan seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka Councilman Stewart ACTION: The motion carried unanimously. S.D. Consider an ordinance vacating all of the _12' sanitary sewer and waterline ea ement located across and throu h Lot 1 Block "A" of the Crystal Park Subdivision as recorded by instrument in Volume 712, Page 132, Official Records of William_s_an Counter, Texas. (Second Reading) Joe Vining made the staff presentation. This easement vacation is being requested by the owner, Classic Automotive, Inc. The original easement was dedicated by separate instrument, not by plat, and therefore requires Council action for vacating. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE VACATING ALL OF THAT CERTAIN TWELVE (12) FOOT SANITARY SEWER AND WATERLINE EASEMENT LOCATED ACROSS AND THROUGH LOT 1, BLOCK "A" OF THE CRYSTAL PARK SUBDIVISION IN ROUND ROCK, TEXAS, PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer 2'52 October 28, 1993 Councilwoman Chavez Councilman Joseph i Mayor Culpepper Noes: None Absent: Mayor Pro -texas Stluka Councilman Stewart ACTION: The motion carried unanimously. S.E. Consider an ordinance vacating all of the b' sewer or waterline easement located across and through Lot 1, Block "A" of the Crystal Park Subdivision. Second Reading) roe Vining made the staff presentation. This easement vacation is being requested by the owner, Classic Automotive, Inc. The original easement was dedicated by separate instrument, not by plat, and therefore requires Council action for vacating. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE VACATING ALL OF THAT CERTAIN SIX (6') FOOT SEWER OR WATERLINE EASEMENT LOCATED ACROSS AND THROUGH LOT 1, BLOCK "A" OF THE CRYSTAL PARK SUBDIVISION IN ROUND ROCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilman Joseph moved; to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka Councilman Stewart ACTION: The motion carried unanimously. $ F Consider an ordinance vacating all of the 12' sanitary sewer and waterline easement located across and through Lot 1, Block "A" of the Crystal Park Subdivision as recorded by instrument in Volume 714 Page 413 Official Records of 253 October 28, 1993 Williamson County. Texas. (Second Reading) Joe Vining made the staff presentation. This easement vacation is being requested by the owner, Classic Automotive, Inc. The original easement was dedicated by separate instrument, not by plat, and therefore requires Council action for vacating. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE VACATING ALL OF THAT CERTAIN TWELVE (12') FOOT SANITARY SEWER AND WATERLINE EASEMENT LOCATED ACROSS AND THROUGH LOT 1, BLOCK "A" OF THE CRYSTAL PARK SUBDIVISION IN ROUND ROCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka Councilman Stewart ACTION: The motion carried unanimously. 8.G. Consider an ordinance rezoning .42 acres of land out of the I.M. Harrell Survey, Abstract 2$4 from SF -2 (Single Family -Standard Lot to I-1 (Industrial). (First Reading) Joe Vining made the staff presentation. On October 21, 1993, the Planning and Zoning Commission recommended approval of the owner's request to rezone .42 acres of land from District SF -2 (Single Family -Standard Lot) to District I-1 (Industrial). Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 17..305(2), CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO CHANGE .42 ACRES OF LAND OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, ROUND ROCK, TEXAS, FROM DISTRICT SF -2 (SINGLE FAMILY - STANDARD LOT) TO I-1 (GENERAL INDUSTRIAL). 254 October 28, 1993 MOTION: Councilman Joseph moved; to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka Councilman Stewart ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilwoman Chavez seconded the motion.' VOTE: Ayes: Noes Absent: Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayer Culpepper None Mayor Pro -tem Stluka Councilman Stewart ACTION: The motion carried unanimously. S.H. Consider an ordinance concerning original zoning of District SF -2 (Single Family -Standard Lot) on 114.71 acres Qf land out of the George W. Glassock Survey, Abstract No. 267 and the P.A. Holder Survey, Abstract No. 295 in Williamson Counter, Texas Application NQ93-5027. (jester Farm) (First Readies This item was withdrawn from the agenda: This item will be brought back to Council on November 23, 1993. 8.1. Consider an ordinance concerning the original zoning of District MF (Multi family) on 60.528 acres of land out ' of the George W. Glassock Survey,. Abstract No 267 and the P.A. Holder Survey, Abstract No. 295 in Williamson 255 October 28,1993 Couniy, Texas Application No. 93-5028. ester Farm First Reading) This item was withdrawn from the agenda. This item will be brought back to Council on November 23, 1993. RESOLUTIONS: 9.A. Consider a resolution authorizin a street closing of Hayden -Way for a Halloween Black Party in the Twin Rid- Subdivision. Joanne Land made the staff presentation. Residents of the Twin Ridge Subdivision would like to hold their second annual Halloween Block Party. The party is scheduled for Saturday, October 30, 1993 from 8:00 p.m. to 12:00 midnight. The Fire and Police Departments both have been contacted and have no problem with the street closing. Staff recommended approval. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the residents of Hayden Way have requested that a portion of Hayden Way between 911. Hayden Way and 1015 Hayden Way be closed from 6:00 o'clock p.m. until 12:00 o'clock midnight on October 30, 1.993 for a Halloween block party, and WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That a portion of Hayden Way as above-described be closed from 6:00 o'clock p.m. until. 12:00 o'clock midnight on October 30, 1993 for a Halloween block party. RESOLVED this 28th day of October, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka Councilman Stewart 256 October 28,1993 ACTION: The motion carried unanimously. 9.B. Consider a resolution authorizing -a street closing of Lancaster Gate Cove for a Halloween Block Party in the Kensington Place Subdivision. Joanne Land made the staff presentation. The Homeowner's Association of the Kensington Place Subdivision would like to hold a Halloween Block Party. The party is scheduled for Sunday, October 31, 1993 from 4:00 p.m. to 6:00 p.m. The Fire and Police Departments have been contacted and have no problem with the street closing. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the residents on Lancaster Gate Cove have requested that the entire cove between 2105 Lancaster Gate Cove to the end of Lancaster Gate Cove be closed from 4:00 o'clock p.m. until 6:00 o'clock p.m. on October 31, 1993 for a Halloween block party, and WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the entire Lancaster Gate Cove as above-described be closed from 4:00 o'clock p.m. until 6:00 p'clock p.m. on October 31, 1993 for a Halloween block party. RESOLVED this 28th day of October, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph ]Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka Councilman Stewart ACTION: The motion carried unanimously. 9.C. Consider a resolution authorizing the Mayor to submit a Texas Capital Fund Infrastructure Program Pre -Application, on behalf of a proposed retail facility. Joe Vining made the staff presentation. Staff -has been working with representatives 257 October 28,1993 of the Texas Department of Commerce and the Texas Department of Housing and Community Affairs to complete the Pre -Application for the Infrastructure Grant on behalf of Target. The grant is intended to provide necessary infrastructure improvements in exchange for the commitment by Target to provide a number of jobs that fit the State's criteria for low to moderate income families. This Target will be close to the Dell facilities. Application will be submitted on Monday afternoon. Joe Vining stated, "e are in competition with quite a few applications and in the past the State has not had enough applications to use all the funds that would go towards the Texas Capital Fund Program. The field has far exceeded the demand. With all the applications in now, if they were to try to fund all of them, they would be $5,000,000 worth of budget. The reason this item was on the agenda tonight is bacause it needs the Mayor's signature with notice of intent to submit the application." Mayor Culpepper noted that this was HUD money from the Housing and Urban Development that comes to the State. This is not local tax dollars; it is federal money that comes back to the State. Mayor Culpepper read the following resolution, RESOLUTION NO. WHEREAS, The City of Round Rock has agreed to seek an infrastructure grant from the Texas Capital Fund, and WHEREAS, the pre -application for this grant has been prepared, Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, The Mayor is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application and, if granted, the award. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Round Rock, Texas, held on October 28, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary M_Q TION: Councilman Joseph moved to approve the resolution. Councilman Morgan seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman Chavez 258 October 28,1993 Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka Councilman Stewart ACTION: The motion carried unanimously. 9.D. Consider a resolution authorizing the Mayor to enter into a rant agreement with Texas Natural Resource Conservation Commission (TNRCC) for a Used Oil Recycling Pro am. Jim Nuse made the staff presentation. The City of Round Rock received grant funding from the Texas Natural Resource Conservation Commission (TNRCC) for the implementation of a Waste Oil Recycling Program. This program will begin immediately and will continue through August 31, 1994, at which point the City may seek additional funding from TNRCC to extend the program. The following is the budget for the Waste Oil Recycling program. Supplies* $19,903 Equipment Software 1,500 Oil Units 13,475 Contractural Site Installation 4,750 TOTAL $ 39,+628 *Includes miscellaneous office supplies, written informational materials, advertising, and incentives. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to establish an Used -Oil Recycling Program ("Program"), and WHEREAS, the City has filed a grant application with the Texas Natural Resource Conservation Commission (TNRCC) for funds to establish the Program, and WHEREAS, the grant application has been approved by TNRCC, which has submitted a Contract to the City to fund and establish the Program, Now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract with TNRCC to establish an Used -Oil Recycling Program, a copy of said Contract being attached hereto and incorporated herein for all purposes. RESOLVED this 28th day of October, 1993. ATTEST: CHARLES CULPEPPER, Mayor City of Round Rock, Texas 259 October 28, 1993 JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilwoman Chavez seconded the motion. NOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka Councilman Stewart ACTION: The motion carried unanimously. 9.E. Consider a resolution authorizing the Mayor to enter into an engineering agreement for Improvements to Chisholm Trail Extension and Market At Round Rock Internal Drive. Jinn Nuse made the staff presentation. The purpose of this project is to create an additional safe entrance into the shopping center located on the southwest corner of IH -35 and FM 620. This will help facilitate access to the new grocery store. The engineering agreement is with Baker-Aicklen and they have been working with the center owners and staff recommended their firm for the design. The grand total of the project will be $96,000. The price has been revised down from $105,000. Mr. Sheets has reviewed the engineering contract and has made some modifications to it. Mayor Culpepper asked if the same traffic light would be kept. It will be a one-way out onto FM 620. Councilman Palmer asked if we did the preliminary design or if Baker- Aicklen did. Jim Nuse explained that Baker-Aicklen did the design. Mayor Culpepper read the following resolution.. RESOLUTION NO. WHEREAS, the City of Round Rock desires to have engineering services for Improvements to Chisholm Trail Extension and Market at Round Rock Internal Drive, and WHEREAS, Baker-Aicklen & Associates, Inc., has submitted an agreement to provide said engineering services, and WHEREAS, the City Council desires to enter into said agreement with Baker- 260 October 28,1993 Aicklen & Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Baker-Aicklen & Associates, Inc., for engineering services for Improvements to Chisholm Trail Extension and Market at Round Rock Internal Drive, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 28th day of October, 1993. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION- Councilman Joseph moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka Councilman Stewart ACTION. The motion carried unanimously. 9.F. Consider a resolution adoj2ting a budget for the Park Development Fund (Fund 52) for fiscal year 1993-1994. This item Was withdrawn from the agenda. 9.G. Consider a resolution adopting a budget for the Ron Sproull Memorial Fund (Fund 81) for fiscal year 1993-1994. This item was withdrawn from the agenda. 9.H. Consider a resolution adopting a budget for the Old Settlers Park at Palm Valley Fund (Fund 47 & 48) for fiscal year 1993-1994. This item was withdrawn from the agenda. APPOINTMENTS: None DISBURSEMENTS: 11.A. Consider payment to RTG Partners, Inc. _for civic center feasibility study in the amount of 5,250.00. 11.B. Consider payment of oversize fee for CAPTEX for Forest Creek Phase II 261 October A 1993 in the amount of $29,203.00. MOTION: Councilman Joseph moved to approve the disbursements. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman. Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka Councilman Stewart ACTION: The motion carried unanimously. NEW BUSINESS: 12,A. Consider acceptance of Subdivision Improvements for Forest Creep Phase 11. Jim Nuse made the staff presentation. Subdivision improvements are complete and staff recommended acceptance. MOTION: Councilman Joseph moved to approve acceptance of subdivision improvements for Forest Creek Phase II. Councilman Morgan seconded the motion. VOTE: Ayes: Councilman Morgan Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro -tem Stluka. Councilman Stewart ACTION: The motion carried unanimously. OLD BUSINESS: None CITY MANAGER'S REPORT: Bob Bennett commented on the Quarterly Report from the Public 'Works Department. There are currently two departments that give a report on a quarterly 262 October 28,1993 basis and that is Public Works and Fire. Jim Nuse and Bob Bennett are continuing to work on refining this report so that it is more easily understood. Bob Bennett suggested that everyone go through the report. The other departments are also working on quarterly reports. Jim Nuse and Bob Bennett went to TDS (Texas Disposal Systems). It was an impressive visit. Bob Bennett suggested that the relationship with TDS needed to be discussed. Joanne Land reported on the Sister City in Australia. The Australian National Sister City Association of Australia awarded their most prestigious award, the Sports Award, to Round Rock and Lake Macquerie for the basketball program last December. The City will be receiving a trophy with documentation. Land contacted the Sunrise Kiwanis Club who sponsored the tournament. COUNCIL COMMENTS: Councilman Morgan wished everyone a fun and safe Halloween weekend and for everyone to be careful. Councilman Palmer would like to see- Councilman Stewart and Mayor Pro - tem Stluka back with us soon. i Councilwoman Chavez wished a speedy recovery to Councilman Stewart. She commented on the meeting with the School Board and City Council representatives. They met on Tuesday afternoon and discussed several issues. The pool issue will be addressed by the School Board at their November 4th meeting. They will discuss whether or not it is a good idea to have a pool on school property. The parking issue is being addressed with the School District. The School District does not currently have the funds available to build a parking lot to help alleviate the parking problem along Lake Creek and in the surrounding subdivision. Councilman Joseph wished Councilman Stewart a speedy recovery and wanted everyone to have a safe and fun Halloween. Mayor Culpepper mentioned that two of our local residents, George and Jan Bold, went to Alaska. Along the way there is a place to post your city limit sign and they posted one from the City of Round Rock. Mayor Culpepper passed around pictures of the City of Round Rock city limit sign in Alaska. October 28, 1993 Mayor Culpepper commented on the Thursday's Round Rock Leader 1993 Reader's Choice Awards, the best of the best. El Matador was listed several times and Mayor Culpepper was also mentioned. Mayor Culpepper wished his wife, Kathy, a happy birthday. Mayor Culpepper thanked the Cub Scouts for attending the Council meeting and invited them back for another visit. ADIOURNMENT: There being no further business, the meeting adjourned at 7:30 p.m. Respectfully Submitted, panne Land, Assistant City Manager/ City Secretary 263 264 PAGES 264 THROUGH 300 WERE LEFT BLANK CITY COUNCIL MINUTES CONTINUE IN BOOK NUMBER 31.