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MINUTE BOOK 39 1998 July 23, 1998 The Round Rock City Council met in Regular Session on Thursday, July 23, 1998 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. Mayor Culpepper asked for a moment of silence in honor of Bill Koughan, member of the Round Rock Transportation System Development Corporation,who recently passed away. • PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Charles Culpepper, Councilman Rod Hairston, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Mayor Pro-tem Robert Stluka was absent. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: Regular Session July9, 1998 Councilman Hairston said that he had one correction to the minutes. He wanted the following sentence added to page 14, 4 h paragraph of the draft minutes. "Councilman Hairston emphasized that Mr. Powell should work with the City Planning staff and their counterparts at RRISD to solve the safety and logistical problems of a school located on a major thoroughfare." • MOTION: Councilman Joseph moved to approve the minutes as corrected. Councilwoman Chavez seconded the motion. OTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka • ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS Ken Snyder, 4406 North Ridge, Austin, signed up to speak before the Council but was not present at the meeting. Alicia D. Carlile, 104 Shady Loop, said they are making progress regarding the Blessing Redevelopment Plan. She added there are only a couple of residents that are still opposed to the 2 July 23, 1998 Plan so progress is being made. Ms. Carlile asked the Council not to forget them because they are working to resolve the concerns. They are in the process of forming a citizens committee to work with Round Rock Partners and the individuals who are still opposed to this annexation and redevelopment to try to work out the differences so that it can be brought back to the Council with a unanimous consent from the residents. • Bill Albee, 1702 Johnson Way, disclosed that he has done business with Councilman Joseph in the last 12 months. He proceeded to say, "A representative of the Newland Corporation, Mr. Jim Powell, gave a lengthy presentation at the last Council meeting about the proposed Stonewater Development tract. Included in his speech was a discussion about the Master Development Fee. Newland agreed to pay the City of Round Rock a fee of up to $2.5 million. In a phone conversation with Mr. Kautz, the City Finance Director, on Tuesday of this week he told me the money would be deposited directly into the General Fund of the City. The General Fund money belongs to the citizens of Round Rock to be used in various things such Police and Fire protection, maintenance of City buildings, street maintenance and many other things. Mr. Powell gave a very nice speech on how Newland wanted to be aco ood orate • g � citizen, `As a corporate citizen we wanted to add to the quality for all of Round Rock and we wanted to be treated the same as any developer and do something for the entire community. That is why we offered the Master Development Fee to the City.' He discussed the Ryan's and how his daughter had attended elementary school with Nolan Ryan's son. He discussed the high integrity of the Ryan family. He discussed bringing baseball to Round Rock and how it was a good wholesome family entertainment. Then he said, in conversations with the City of Round Rock, we inquired what we can do to help the City with this worthwhile project. He then discussed making available to the City of Round Rock $600,0003 $200,000 each year for the first three years, before the Master Development Fee of $2.5 million is available to the City. `We hope this $200,000 a year is a bridge until there is a • solid stream of money from the Master Development Fee and Newland is proud to be a part of the team that will bring baseball to this community.' I have a tape of the entire Council meeting and presentation. Looking at this tape at first glance I thought what a deal for Round Rock. $2.5 million Master Development Fee and a $600,000 donation. Sounded too good to be true. So I checked it out. I picked up a copy of the July 23, 1998 same Development Agreement that each Councilmember, the Mayor and City Manager had in their possession at the time of Mr. Powell's presentation and guess what I found. Please follow along with the papers that I had Mr. Bennett pass out about the Development Agreement it's just a few paragraphs from the Development Agreement." "Section 2.02 Advances of Master Development Fee. Newland agrees to advance the City up to $600,000 of the Master Development Fee if the City, on or before December 31, 1999, ,. enters into a binding commitment to construct a minor league baseball stadium within the City's jurisdiction. This advance will be paid in up to three annual installments of$200,000 each.... Section 2.03 Letter of Credit. Newland agrees to secure this obligation to provide the advances described in 2.02 by posting with the City, within 30 business days of the Effective Date of this Agreement, a letter of credit in the amount of$600,000. This letter of credit will be reduced by$200,000 annually, as each advance under 2.02 is paid to the City,... Section 2.04 Credit for Advances. Newland will receive a credit in the amount of 33% of each installment of the Master Development Fee paid to the City under 2.01 until Newland has received credits equal to the total amount advanced by Newland Under 2.02,..." • My conclusion from this is that the Newland Corporation is notivin the Ci of Round g g City Rock the $600,000. It is a loan to be spent on baseball using taxpayers General Fund money. City Manager, Mayor and Council you have repeatedly told the American Statesman, the Round Rock Leader,KVET Radio, and local TV Stations that no taxpayer money would ever be used. April 30"'Round Rock Leader, Mr. Bennett, `What we are saying is that there will be no ad valorem or sales tax from the citizens of Round Rock to be used on this stadium if it will be financed by a buy down from the team at least from the team and by Hotel/Motel-bed tax.' May l't American Statesman, `No general tax money will be spent.' June 11' American tatesman, `This will not cost the taxpayers a dime Culpepper said. June 290' Round Rock Leader, Charlie Culpepper's letter,to the.editor,. `As far as a siphon hooked up to the City's • operating budget I challenge anyone to find where the City's operating budget will be used...I just wish the people that are against the stadium -would be honest instead of presenting misinformation to confuse the public.' Mr. Culpepper, I have accepted your challenge and the proof is in front of you." 4 July 23, 1998 Mayor Culpepper said, "Have you ask anybody, after you did this after you got it, and drew your own conclusions. Have you asked any of the staff to explain what this means or are these your own conclusions?" Mr. Albee, said, "These are my own conclusions. I'm just reading from the Development Agreement." • Mayor Culpepper added, "But you don't understand and that's what you are..." Mr. Albee, said, "No, no I do understand it and I can read and understand and I understand what I am saying." Mayor Culpepper added, "Well, you understand wrong." Mr. Albee, said, "Well, let me finish. Each member of the City Council needs to publicly apologize to the citizens of Round Rock for their back room schemes to spend our General Fund dollars after countless promises that this would not happen. And finally, Mayor Culpepper, you have publicly accused me on a numerous of occasions for spreading misinformation. I am not the one spreading the misinformation. It is coming from you sitting up there and those of you who are not saying anything to correct this are just as guilty. This is a planned set up scheme to sucker the citizens of Round Rock into believing that not only do some citizens want a stadium in our town but also that corporate leaders are behind it, believe it's such a good deal, that they are willing to part with some of their business profits to see it happen. I would like to know who at the City devised this trick of deception. It's a sad statement that you want this stadium so badly that you are willing to allow the public to be deceived. I hope that the Round Rock Leader and the American Statesman will let the people know both sides of the story." John Gordon, 1007 Green Meadow, asked the following questions. 1) How many acre feet of the original 6,000 have we used up at Lake Georgetown this year? 2)How many acre feet of water does that commitment entail from the proposed MUD? It includes a golf course up there how are we going to get that. Is that going to be refuse water from the Brazos River Authority/Lower Colorado River Authority Waste Treatment Plant. Who lays the lines up there • if it's that reuse water. How many acre feet is going to go into that full development. How much are we committing to? 3) I have watched the neighborhood just the northeast of my subdivision, Mesa Village. It was put in by Continental Homes doing business as Bill Milburn and they came in and they picked up a big acreage, 451 homes. I am sure that those people asked for annexation and paid all the requisite fees and they are joining in and hopefully the requisite fees are July 23, 1998 providing the support structure for the additional water and resources to supply their needs. Why are we not asking for at least the identical support from the MUD's to the north that we would ask for anybody coming in being annexed in because, personally, I as an individual, do not want to be picking up a lion's share of the next increment of water if the people that are going to be • using the next increment are not picking up any share at all. Mr. Gordoan then made the following comments. "I am troubled on a different basis about this discussion about money going to the ballfield if there is any money that comes in from that MUD to the north; if you as a City Council do not allocate that to that water line to Stillhouse Hollow, then that would be, what I would have to consider, gross negligence because that is what we are going to have to do. We need to have that water line probably now for the population that is here, not counting that MUD to the north. And as a final statement there is a MUD just to the east of us, of my subdivision, that's Chandler Creek, has been there for years and I know it's going to take a long time before it comes in but I start getting real uneasy with the situation. Where to east of me is the Chandler Creek MUD to the north is another MUD, the west of us is Fern Bluff and Brushy Creek and the question I have to ask is we keep being generous to some developers to bring them in as MUD's. Why don't we make the simple statement, you want the resources of the City in water,join the City, come in just like anybody else just like Milburn Homes, Continental Homes or any other people developing in and around our community. Requests for annexation, I am sure that you all can work with them to help them get through there but to bring in the development resource funds to meet those incremental needs that we have to have because if this is 2-3 year dry cycle by next summer we are going to find out how little water we really actually have for this community area of 60,000 population. And that is my best words of advise." Staff was asked to respond to Mr. Gordon's questions as soon as possible. Councilman Hairston said, "John and Bill, I would appreciate it if you would, if your • presentations are not in writing, to submit a copy to the City Manager so those questions can be specifically addressed." John Moman, 1701 Johnson Way, Chairman of the Round Rock Chamber Tourism Committee read the following statement voted on by the Tourism Committee. "Round Rock Chamber of Commerce Tourism Committee at a recent regularly scheduled meeting voted eball to Round Rock. Our committee is in full support of unanimously in favor of bringing bas 6 July 23, 1998 using the hotel/motel tax as a source to finance the construction of the stadium. It is the feeling of this committee that Double-A Minor League baseball will have a positive impact on Round Rock's economy and quality of life. I want to also personally say that the agenda item that is coming up later regarding the potential purchase of the property for the statutes project I know it's been a long time I have been working on it for three years and it preceded me by a year and • I'm just real excited about that opportunity and I appreciate all the efforts that you have put in." PROCLAMATIONS: 6.A. Consider a proclamation proclaiming August 4 1998 as the 15' Annual National Night Out. Mayor Culpepper read the appropriate proclamation and presented it to Sgt. Koble. Sgt. Koble encouraged everyone to participate in this annual event. PRESENTATIONS: None PUBLIC HEARINGS: 8.A.1. Consider public testimony concerning the request to rezone 5.001 acres of land from MF (Multifamily)to PUD (Planned Unit Development) 31 (PUD 31 expansion). Staff Resource Person: Joe Vining, Planning Director. The owners of PUD 31 have acquired this 5.001 acre tract of land and desire to developthis roe with the same standards and quality of r P P rtY q tY the approved PUD 31. The Development Plan document contains the provisions of the PUD agreement incorporating the additional units for this tract. Mr. Vining briefly highlighted some of the standards of the development. This is a multi-family development with the same overall density of 20 units to the acre being maintained, 100%masonry on all the exterior walls, 25 year roofing shingles, landscaping on both the front street yard and the western boundary of the PUD. Modifications to the PUD are allowed with the approval of the Development Review Board. Applicant: Catlyn Capital Corp. Agent: Jerry Winetraub. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: • 9.A.1. Consider an ordinance to rezone 5.001 acres of land from MF (Multifamily, to PUD (Planned Unit Development 31. PUD 31 Mansion) (Eirst Reading) Staff Resource Person: Joe Vining, Planning Director. Mr. Vining recommended approval of the first reading only and the second reading will be brought back to the Council's next regular meeting. Applicant: Catlyn Capital Corp. Agent: Jerry Winetraub. July 23, 1998 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 (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 5.001 ACRES OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, ROUND ROCK, WILLIAMSON COUNTY, TEXAS FROM DISTRICT MF (MULTIFAMILY) TO PLANNED UNIT DEVELOPMENT (PUD) N0. 31. MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. 9.A.2. Consider an ordinance setting the date, time, and place for a public hearing concerning the annexation of 40 acres of land out of the J M Harrell Survey, Abstract 284 (Kouri Tract)(First Reading) Staff Resource Person: Joe Vining, Planning Director. This is a voluntary annexation petition and the request for zoning will be C-1. Second reading may be dispensed with the unanimous consent of the Council. Applicant: Tom Kouri. Agent: William S. Smalling. Councilman Hairston asked why the first 40 acres of the 220 acre tract was only being annexed. Mr. Vining responded that the tract is involved in a rather complicated purchase agreement. The owner of the tract has some serious purchasers that wish to develop the tract for a specific development as soon as possible. The tract is readily available to the Interstate and utilities are all around which lends itself to the most immediate development. The rest of the tract to the west is still being examined by the developer for a lot of options. He has communicated to staff that he has at least four plans he is looking at and examining all the possibilities. July 23, 1998 In response to Councilman Palmer's question, Mr. Vining said that TxDot has not completed their roadway plans for that area and staff does not know the alignment for Loop 1 as it intersects with the proposed SH-45 which could impact the access to the tract. The developer is working with TxDot to solve all those issues. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE SETTING A DATE AND TIME FOR TWO PUBLIC HEARINGS TO BE HELD IN THE CITY COUNCIL CHAMBERS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF ROUND ROCK, TEXAS, TO WIT: 40 ACRES OF LAND OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, WILLIAMSON COUNTY; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. MOTION: Councilman Stewart moved to adopt the ordinance. Councilman Joseph seconded the motion. VOTE: Ayes: Councilman Hairston 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. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper . July 23, 1998 Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. RESOLUTIONS: • 10.A.1. Consider a resolution authorizing the Mayor to execute Contract Amendment No. 1 to the Engineering Agreement with HDR, Inc dated April 10 1997 for backflow prevention devices at interconnects with Brushy Creek MUD. Al Wille,Assistant Public Works Director,made the staff presentation. This amendment adjusts the engineering fee due to the reduction in the scope of several items in the agreement. The major one being the surveying requirements. There were originally four sites for the back flow prevention devices and that is now being reduced to three. The one at the Woods Boulevard and Sam Bass Road on the northeast quadrant will not be installed and will no longer be a connection between the systems. This proposed amendment decreases the fee from$23,000.00 to $17,100.00. In response to Councilman Stewarts question,Mr. Wille said staff will look at the p q , schedule again the first part of September to see if the devices can be installed. Currently,the weather conditions have not be right for the installation of the devices. Councilman Hairston asked when the disconnection at Hairy Man Road and the Woods would be done. Mr. Wille said the agreement only addresses the closing of the valve at that location. The area that is fenced in is owned by Brushy Creek MUD. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an agreement ("Agreement") with HDR Engineering, Inc. for engineering services for backflow preventors at various Brushy Creek MUD interconnects, and WHEREAS, HDR Engineering, Inc. has submitted Amendment No. 1 to the Agreement to decrease the fee for the project, as more particularly described in the attached Amendment No. 1, and WHEREAS, the City Council desires to enter into said Amendment No. 1 to the Agreement with HDR Engineering, Inc.,Now The. refore 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 Amendment No. 1 to the Agreement with HDR Engineering, Inc., to decrease the fee for the project, as more particularly described in the attached Amendment No. 1. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of July, 1998., . CHARLES;CULPEPPER, Mayor 10 July 23, 1998 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: Councilman Hairston ston • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. 10.A.2 Consider a resolution authorizing the Mayor to execute a License Agreement with Dell Computer Corporation, Inc. for communication conduits to be installed in the Greenlawn Boulevard. and Dell Way right-of-waX. Al Wille, Assistant Public Works Director, made the staff presentation. This license agreement is for the installation of communications conduits at three locations. Two on Greenlawn Boulevard and one on Dell Way. Steve Sheets added that negotiations were completed on this agreement late this afternoon. Paragraph 6 was added which allows the City to remove the.conduits in the event they in any way threaten the health, safety and welfare of the public. The City has the right of immediate removal. In paragraph 7 originally it was stated that if there was any interference with the street or any public utility that Dell was required to remove the conduits on 10 days notice. In exchange for allowing the City to remove the conduits immediately, in an emergency, it was agreed that Dell would be allowed to remove the conduits in 45 days in the event of interference which is adequate on the City's part. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS,Dell USA L. P. owns property located within the City Limits, and WHEREAS, Dell USA L. P. desires to use a portion of the City's right-of-way under Greenlawn Boulevard and Dell Way for computer communications conduit, and WHEREAS, the City Council desires to enter into a License Agreement granting Dell USA L. P. the right to install and maintain three (3) underground conduit crossings under the July 23, 1998 City's right-of-way at the 2300 and 2400 blocks of Greenlawn Boulevard, and at the 300 block of Dell Way,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 License Agreement with Dell USA L. P., a copy of such agreement being attached hereto and incorporated herein for all intents and purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting • was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of July, 1998. 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. OTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer 40 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. 10.A.3. Consider a resolution authorizing the Mayor to execute Contract Amendment No. 1 to the Professional Services Survey Agreement with Baker-Aicklen & Associates Inc , dated May 14. 1998, for the boundary and topographic survey of the 95 acre Telander Tract Al Wille, Assistant Public Works Director, made the staff presentation. This amendment will extend the limit of the survey to include the area between the west boundary of the 95 acre tract • and the west side of Harrell Parkway from Highway 79 north to Chandler Creek. This amendment increases the contract amount by $7,000.00 for a current contract amount of $30,200.00. In response to Councilman Palmer's question, Mr. Bennett said the area is plus or minus 10 acres. 12 July 23, 1998 Councilman Hairston asked if this information will be used to facilitate the construction of the sports complex for the park or a combination. Mr. Wille said it would a combination of the two. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an agreement ("Agreement") with Baker-Aicklen & Associates, Inc. for survey services for the 95 acre Telander Tract located on Highway 79 near Old Settlers Park at Palm Valley, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted Amendment No. 1 to the Agreement to extend the limit of the survey, as more particularly described in the attached Amendment No. 1, and WHEREAS, the City Council desires to enter into said Amendment No. 1 to the Agreement with Baker-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 Amendment No. 1 to the Agreement with Baker-Aicklen & Associates, Inc., to extend the limit of the survey, as more particularly described in the attached Amendment No. 1. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of July, 1998. 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 Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: Councilman Hairston • Absent: Mayor Pro-tem Stluka ACTION: The motion carried with 5 ayes and 1 no. 10.A.4. Consider a resolution authorizing the Mayor to execute a contract with Setpoint Builders. Inc. for the additions and alterations to the Public Works Building at 2008 Enterprise Dr. Al Wille,Assistant Public Works Director,made the staff presentation. Six general contractors bid the project on July 14th with a range in price from$524,000.00 to $584,084.00. 13 July 23, 1998 Setpoint Builders is the low bidder with$524,000.00. Mike Tibbetts of Arkitex Studio, architects for the project along with Larry Madsen of the City have reviewed the qualifications of Setpoint Builders and recommend their approval for the project. This project includes approximately 5,560 square feet of addition, as well as remodeling of the existing office space. Bob Bennett added that the bid came in$84,000 over budget. Staff proposed to go ahead and award the bid and take$84,000 out of the contingency account to fund the project and bring the necessary budget amendment back to the Council in August. The budget amendment would, also, include provisions for sidewalks in the Phase 2 Sam Bass Road Project. The first phase was the turn lane at Sam Bass Road and Chisholm Trail. The third phase which has been funded by the issuance of Certificates of Obligation by the Council in the past,will be accomplished in about a year to a year and a half. Phase three includes a five lane road from first entrance into Old Town Meadows at Meadows Drive and going east to the Interstate which will require some right-of-way acquisition. At that time the new cross section which will be built in about a year and a half. Sidewalks will be added to that portion of the project so that there will be a complete sidewalk system from the Interstate to the western most entrance of Old Town Meadows which is Meadows Drive. Councilman Hairston said, "I appreciate staff s time in addressing the concerns of the citizens and the businesses located on that portion of Sam Bass Drive. It's no secret that basically I live back in that area and this has been going on 9 years for me and sidewalks are needed. It will help the businesses and it will help cut down on the amount of traffic where people have to use cars. Where they will be able to walk to Chisholm Trail and use the Cleaners and the Shopping Center rather than take their cars. The sidewalks, as I am very aware, all throughout the City are needed but I appreciate staff researching this issue and coming back with a positive answer." Mayor Culpepper read the following resolution.. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the additions and alterations to the Public Works Building at 2008 Enterprise Drive, and WHEREAS, Setpoint Builders, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Setpoint Builders, 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 Setpoint Builders, Inc,;,..for the,,additions .and alterations to the Public Works Building at 2008 Enterprise Drive. The City Council hereby finds and declares that written notice of the date, hour,place and , 14 July 23, 1998 subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of July, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. 10.B.1. Consider a resolution amending the 1997-1998 Hotel/Motel Budget Staff Resource Person: David Kautz, Finance Director. The purpose of this item is to provide funding for the acquisition of property adjacent to Brushy Creek and Chisholm Trail as a site for the Chisholm Trail Cattle Drive statues. Acquisition of the site is expected to cost less than $300,000. The following is the Hotel/Motel Tax Fund#71 Fund Balance Analysis: Estimated Fund Balance 10/1/97 $342,000 Less Reserves (*1) (62,000) Estimated Revenue(FY 1997-1998) 386.000 Total Funds Available 666,000 Requested Expenditures (FY 1997-1998) (665,901) Estimated Unreserved Fund Balance 9/30/98 $ 99 *1 -Reserves are established in accordance with operating reserve policies. Mayor Culpepper read the following resolution: RESOLUTION NO. WHEREAS, the City Council has previously adopted by resolution a 1997-98 budget for the expenditure of hotel tax funds, and WHEREAS, the Council wishes to amend said budget in accordance with the attached proposal,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 15 July 23, 1998 That the 1997-98 budget for the expenditure of hotel tax funds be amended as set forth in Exhibit "A" attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of July, 1998. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Palmer moved to approve the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph • Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. 10.C.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Joyce Clark and the Estate of Lenzo Clark for the purchase of 0.22 acres of land. Staff Resource Person: Sharon Prete,Parks and Recreation Director. This property is one of the four tracts of land on the west side of Chisholm Trail between Brushy Creek and Hwy. 620, which will be used to expand the Round Rock Memorial Park. It will be used for the construction of the cattle drive statues going down into Brushy Creek. The purchase price is $84,666.66 and • the source of the funds is the Hotel Occupancy Tax. In response to Councilman Hairston's question,Ms. Prete explained the project will be done in stages as the funds are available. She proceeded to describe what was being proposed. She added that the exact scope of the project had not been completed. She added that anyone wishing to contribute funds to this project should contact the Chamber of Commerce Tourism Committee. 16 July 23, 1998 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Joyce Clark and the Estate of Lenzo Clark owns 0.22 acres of land on the west side of Chisholm Trail between Brushy Creek and Hwy. 620, and WHEREAS, Joyce Clark and the Estate of Lenzo Clark have offered to sell said property to the City of Round Rock, and WHEREAS, the City would like to purchase said property for park and tourism purposes, 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 Real Estate Contract with Joyce Clark and the Estate of Lenzo Clark, for the purchase of the above described property, a copy of said contract being attached hereto as Exhibit"A". The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of July, 1998. 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'Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. 10.C.2. Consider a resolution authorizing the Mayor to execute a Real Estate • Contract with Claraetta Campbell and the Estate of Verly Campbell for the purchase of 0.22 acres of land. Staff Resource Person: Sharon Prete, Parks and Recreation Director. This is one of the four tracts of land on the west side of Chisholm Trail between Brushy Creek and Hwy. 620, which the City is interested in purchasing for park and tourism purposes. The purchase price is $84,666.66 and the source of the funds is the Hotel Occupancy Tax. a; 1 July 23, 1998 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Claraetta Campbell and the Estate of Verly Campbell owns 0.22 acres of land on the west side of Chisholm Trail between Brushy Creek and Hwy. 620, and WHEREAS, Claraetta Campbell and the Estate of Verly Campbell have offered to sell said property to the City of Round Rock, and • WHEREAS, the City would like to purchase said property for park and tourism purposes, 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 Real Estate Contract with Claraetta Campbell and the Estate of Verly Campbell, for the purchase of the above described property, a copy of said contract being attached hereto as Exhibit"A". The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at`a11 times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of July, 1998. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Palmer moved to approve the resolution. Councilwoman Chavez • seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. 10.C.3. Consider a resolution authorizing the Mayor to execute a Real Estate • Contract with Al Robinson and Evelyn Robinson for the purchase of 0.22 acres of land This is one of the four tracts.of land on the west side of Chisholm Trail between Brushy Creek and Hwy. 620,which the City is interested in purchasing for park and tourism purposes. The purchase price is $84,666.66 and the source of the funds is the Hotel Occupancy Tax. Staff Resource Person: Sharon Prete,Parks and Recreation Director. 18 July 23, 1998 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Al Robinson and Evelyn Robinson own 0.22 acres of land on the west side of Chisholm Trail between Brushy Creek and Hwy. 620, and WHEREAS, Al Robinson and Evelyn Robinson have offered to sell said property to the City of Round Rock, and WHEREAS, the City would like to purchase said property for park and tourism purposes, • 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 Real Estate Contract with Al Robinson and Evelyn Robinson, for the purchase of the above described property, a copy of said contract being attached hereto as Exhibit"A". The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of July, 1998. 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: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. APPOINTMENTS: • 11.A. Consider 1 appointment to the Development Review Board Staff Resource Person: Joanne Land,Assistant City Manager. Mr. Moody submitted a letter of interest for the position on the Development Review Board. Mr. Moody fills the requirements for the engineering position on the Board. MOTION: Councilman Palmer moved to appoint John Moody to the Development Review Board by acclamation. Councilwoman Chavez seconded the motion. 19 July 23, 1998 VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez • Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. 1 LB. Consider appointing the Planning and Zoning Commission as the Capital Improvements Advisory Committee. Staff Resource Person: Joe Vining,Director. The Texas Local Government Code Section 395.058 sets out requirements when a City wants to review their impact fees. The Council appoints a Capital Improvements Advisory Committee composed of not less than five members,prior to the adoption of land use assumptions, a capital improvements plan and impact fees. The Code gives the option of appointing the Planning and Zoning Commission to act as the advisory committee if the commission includes at least one representative of the real estate, development, or building industry who is not a city employee or official. The current Planning and Zoning Commission meets this criteria. Councilman Hairston asked how long the Capital Improvements Advisory Committee will meet. Mr. Vining said they will meet about 2 to 3 times and will be sitting as the Advisory Committee. Councilman Hairston suggested that perhaps next year or in the future to recruit different citizens from throughout the community,not to constitute a majority,but to give them that experience to get involved on this particular type of committee. Mayor Culpepper pointed out that members of the Capital Improvements Advisory Board would need some type of knowledge concerning this matter because everyday language is not • used. Mr. Vining added that review of the impact fees is required every three years. MOTION: Councilman Joseph moved to appoint the Planning and Zoning Commission as the Capital Improvements Advisory Committee. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart 20 July 23, 1998 Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper - Noes: None • Absent: Mayor Pro-fern Stluka ACTION: The motion carried unanimously. 1 l.C. Consider two additional appointments for Ad Hoc members to the Capital Improvements Advisory Committee. Staff Resource Person: Joe Vining, Director. The Local Government Code stipulates that if an impact fee is to be applied in the extraterritorial jurisdiction,the advisory committee membership must include a representative from that area. MOTION: Councilman Hairston moved to table the appointments and to advertise the positions. Councilman Joseph seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. 1 LD. Consider 1 appointment to fill an unexpired term on the Advisory Board for the Aging. Staff Resource Person: Joanne Land, Assistant City Manager. Mary Jane Willms submitted a letter of interest for the position on the Advisory Board for the Aging. MOTION: Councilman Hairston moved to appoint Mary Jane Willms to the Round 'J Rock Y Councilwontn3avez seconded the motion. OTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez 21 July 23, 1998 Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka • ACTION: The motion carried unanimously. DISBURSEMENTS: 12.A.1. Consider payment of$49,480.26 to Baker-Aicklen&Associates, Inc for engineering services associated with the Greenlawn Boulevard Extension/Greenlawn-IH-35 .th Interchange. The current contract price is $399,284.52 and the project is funded from Economic Development Sales Tax. 12.A.2. Consider payment of$5.197.92 to Borah Inc for Water Systems Improvements Pressure Plan No. 4-Dell Area. The current contract price is $281,333.00.00 and the project is funded from Water System Construction Funds. 12.A.3. Consider payment of $26.994.63 to Martinez, Wright & Mendez, Inc for engineering services for Street and Drainage Improvements and Intersection Modifications for • Sam Bass Road and Chisholm Trail. The current contract rice is $99 910.00 and the project is p � p J funded from 1997 Certificates of Obligation. 12.A.4. Consider payment of$17.315.06 to Rust Environment & Infrastructure Inc for engineering services Master Transportation Plan. The current contract price is $252,063.20 and the project is funded form 1997 Certificates of Obligation. MOTION: Councilman Joseph moved to approve the disbursements. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer • Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. 22 July 23, 1998 NEW BUSINESS: None CITY MANAGER'S REPORT: None COUNCIL COMMENTS: The Council expressed their condolences to the Bill Koughan family. Councilman Hairston said he placed third in the Frontier Days Celebrity Fast Draw • Contest. Councilman Joseph wished a belated birthday to his wife, Bettie and also his son. He added that he received many compliments on the bus trip that went to San Antonio to see the baseball game. Councilman Joseph noted that his computer will not be working for a week, so anyone that wishes to contact him would need to do so by other means. He added that his grandson will be starting pre-kindergarten this year. Mayor Culpepper said anyone who missed the trip to San Antonio missed a wonderful time. He added there were 500 people who took the trip. Mayor Culpepper wished Police Chief Kuhlmann a speedy recovery. ADJOURNMENT: There being no further business,the meetingad'ourned at 8:03 m. • J p ectfully Submittd, PAVIIIJ Joanne Land,Assistant City Manager/ City Secretary 23 July 30, 1998 The Round Rock City Council met in a Special Called Session on Thursday, July 30, 1998 at 7:00 p.m. in the City Council Chambers, 221 E. Main Street. ROLL CALL: Those members present were Mayor Pro-tem Robert Stluka, Councilman Earl M. Hairston, Councilman Earl Palmer and Councilwoman Martha Chavez. Mayor Charles • Culpepper and Councilman Jimmy Joseph were absent. Councilman Rick Stewart arrived during item 4AL Also present were City Manager Bob Bennett and Assistant City Manager/City Secretary Joanne Land. ORDINANCES: 3.A.1. Consider an ordinance annexing 32.37 acres of land adjacent and contiguous to the City of Round Rock and located at the northeast corner of Royston Lane and IH 35 (Second Reading). Staff Resource Person: Joe Vining,Planning Director. This annexation is at the request of the property owner. The first reading of the ordinance was approved on May 14, 1998. The property owners have completed the purchase contract to acquire the right-of-way for the Greenlawn Loop extension. Applicant: Leif Johnson Ford, Inc. Agent: G.W. Broesche, Property Manager. • Councilman Hairston asked why the property owner was asking to be annexed. Mr. Vining said that the property owner wants to be in the city limits primarily because he would have assurance that the utilities will be extended to his property if he does the property infrastructure extension. Mayor Pro-tem Stluka read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 32.37 ACRES OF LAND OUT OF THE WILLIAM BRATTON SURVEY NO. 103, ABSTRACT NO. 100, AND THE W. DRUMMOND SURVEY NO. 109, ABSTRACT NO. 233, IN TRAVIS COUNTY; 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; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Palmer moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Hairston 24 July 30, 1998 Councilman Palmer Councilwoman Chavez Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper • Councilman Stewart Councilman Joseph ACTION: The motion carried unanimously. PRESENTATIONS: 4.A.1. Consider a presentation of the Planning and Design Workshops by the consultant J. D. Wilson and the workshop participants. Staff Resource Person: Joe Vining, Planning Director. Mayor Pro-tem Stluka said the presentation will cover the challenge and work the team accomplished over the last several months. The presentation will be a blueprint for developing the goals and objectives for revising the City's General Plan. Mayor Pro-tem encouraged the Council study the recommendations because this will be addressed at the Council's work session on August 7th. He thanked everyone who participated for the time they took to work on the • process. He added he received very good reports concerning the progress of the workshops and the seriousness of the task. Mayor Pro-tem Stluka said he looked forward to the challenge that was brought before the Council and he looked forward to the team's continued involvement. Joe Vining explained that the process began with the City Seminars which showed citizens how the City works. From that group there were people who committed to working with staff on a Saturday on a particular topic that had their interest. These citizens gave staff a rank order of what they were really interested in and everybody got their first or second choice. Results of those sessions are in the Workshop Summary Reports. Mr. Vining also thanked the participants for their dedication. Dennis Wilson and Ed Wallace consultants for this project were present. Mr. Wilson • presented an overview of the four workshops held during June and July. Mr. Wilson used slides as part of his presentation. He said there were four separate workshops. The themes of the workshops were created as a result of the surveys and comments that were made regarding issues in the City. Those were Community Identity and Appearance, Adjacent of Land Uses to Single 25 July 30, 1998 Family Development, Transportation/Roadway Implications for Development and Housing Opportunities. Mr. Wilson outlined the Vision Statements the four workshops created. He said what you really see in the vision statements is a commonality. You see identity, City's identity, family • oriented,historic, livable. These are the themes and the threads that have woven throughout the workshops. Every one of the workshops hit one of these threads. City identity in terms of making Round Rock different than Austin and ' make people realize it's different than Austin. People like the idea of a high tech image but they also wanted an image of the City that is a livable one that people think of Round Rock not just as an einpkym ent opportunity but this is a great place to live. Livable quality people talked about systems of parks and trails connected around the City so people can circulate within the community. Local retail and services that people could walk to. People wanted to be able to have some small groceries stores and coffee shops and services near where they live and not have too drive to far. Also a variety of housing types and making sure there is housing that will be affordable so when the kids grow up and look for a place to live they can afford to live and want to live in Round Rock. That there are both housing opportunities and • activities for the young, old, and family. The visual quality of the community kept coming up in every session. Things like we need roads but lets make them attractive roadways as we drive through. They should be good front doors to the community. They want good municipal codes concerning trash and outdoor storage,but also combined with strong code enforcement and make sure we enforce the code we have. The City needs some good minimum standards for development. Standards for signage, site layout and development, landscaping, architectural standards in some circumstances and incentives for existing developments to become more in tuned with the standards of the community. People have a feeling that the economy is good. "Growth is coming so how do we • respond to that. Do we let growth occur as it will or do we take control of it. It's not a matter of just struggling to get economic development and jobs in the community. It's going to happen and is happening and happening at a rapid pace and,thus,the sense of urgency of the community is growing so fast we have got to get control of it and start to direct this ship. It takes 12 miles to turn a battle ship under steam and Round Rock is a battleship under steam. Development is y' coming. Things are happening and it's a matter of jumping in and getting control." 26 July 30, 1998 Jan Kirschman and Fred Ord gave an overview of Workshop No. 1 - Community Identity and Appearance. Focus topics for the workshop were: • Landmarks,Views, and Entries • Architectural Standards • Site Layout • Landscaping • Signs • Thoroughfares • Special Districts/Historic Preservation • Public Works-Drainage,Utilities and Parks. Mr. Wilson showed slides pertaining to some of the issues that were addressed at the workshop and what some communities have done with respect to those issues. Dennis Sustare and Grace Young gave an overview of Workshop No. 2 -Adjacency of Land Uses to Single Family Development. The workshop was structured into three focus topics: • Identify Issues Relating to Adjacencies • Possible SolutionsIncludin • � g Slides) • Ideas and Conclusions. Mr. Wilson showed slides pertaining to some of the issues that were addressed at the workshop and'what some communities have done with respect to those issues. Harold Patterson and Rilla Chaka gave an overview of Workshop No.3 - Transportation/Roadway Implications for Development. This workshop focused on: • Site Access along Major Roadways • Buffering Residential from Major Roadways • Roadway Designs • Transit Stop in Round Rock Mr. Wilson showed slides pertaining to some of the issues that were addressed at the • workshop and what some communities have done with respect to those issues. Debbie Nagle and Larry Hathorn gave an overview of Workshop No. 4-Housing Opportunities. Focus topics were: • Housing Choices and Design • Housing for the Young and:Old ;i27 July 30, 1998 • Affordable Housing Mr. Wilson showed slides pertaining to some of the issues that were addressed at the workshop and what some communities have done with respect to those issues. Mr. Wilson thanked all the participants of the workshops, Joe Vining,Amelia Sondgeroth and Susan • Brennan for all their support. Mr. Vining noted that this is a part of a process and that there are a lot of things that need to be addressed which cannot be addressed overnight. In response to Councilman Palmer's question,Mr. Vining said that members of the p q g workshops did not review the current Code of Ordinances. Councilman Palmer added that the recommendations that were made will cost a lot of money and can not be accomplished immediately. Councilman Stewart thanked all the participants for all the work they did. He said that as long as he is on the Council he will work to achieve those things as set out. Councilman Hairston thanked the participants for sharing with Round Rock their values, life experiences, imagination and passion for community service. He said that the core of a • democracy is not just that the elected officials are elected but it's actually the citizens. This process is a beginning and not an end. It's not a static process, it's a continuance process of improvement. He told the participants that their job is not over so be prepared to continue. Councilwoman Chavez thanked the participants for all the hard work they accomplished. Mayor Pro-tem Stluka said the Council will take the recommendations seriously. There will a lot of thought and effort put into what they have done. This is a working document and will always be the foundation for what is done for the City. Mayor Pro-tem Stluka reminded everyone that there will be a public meeting on Tuesday, August 4, 1998 from 6:30 p.m. to 9:00 p.m. in the City Council Chambers to update the citizens on the Transportation Master Plan Study. He noted that this is also the same evening of the • Annual National Night Out and if anyone's neighborhood does not have a planned activity to stop by Chisholm Valley and attend their National Night Out. ADJOURNMENT: There being no further business, the meeting adjourned at 8:46 p.m. Rpqectfully submitte , JcUme Land,Assistant City Manager/ City Secretary 28 August 6,7, 8, 1998 The Round Rock City Council met in Work Session on August 6-7, 1998 at the Lago Vista Club and Resort, 1918 American Drive, Lago Vista, Texas. CALL WORK SESSION TO ORDER- 8:00 P.M. ROLL CALL: Those members present were Mayor Charles Culpepper,Mayor Pro-tem Robert Stluka, Councilman Earl M. Hairston, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha A. Chavez and Councilman Jimmy Joseph. Also present were Bob Bennett, City Manager, Joanne Land,Assistant City Manager/City Secretary, David Kautz, Finance Director, Joe Vining, Planning Director, Jim Nuse,Public Works Director, Sharon Prete, Parks and Recreation Director, Teresa Bledsoe,Human Resources Director,Dale Ricklefs, Library Director,Police Chief Buster Kuhlmann, Fire Chief Lynn Bizzell and Will Hampton, Communications Director. WORK SESSION: 3.A. Consider a presentation on Transportation Issues. Tom Word briefly summarized the public meeting that was held on Tuesday, August 4, 1998 regarding the Transportation Master Plan. He outlined the concerns that were expressed by the residents. He added that staff will evaluate all the alternatives andro osals that were • p p suggested by the residents. In response to the residents concerns that there was not enough notification time or information concerning the meeting, an additional public meeting was scheduled for September 9'b. The documents and information on the date and time of the next public meeting will be available 10 days before the meeting. Additional public meetings will be held by staff and consultants on October 14"'and October 28'at the Planning and Zoning Commission meeting. The Master Plan is scheduled to go before the Council at their first meeting in November. Special notices will be sent to the Neighborhood Associations. Two main issues of concern from the majority of the residents who attended the public meeting were SH-130 and Wyoming Springs. Mr. Word outlined the strategies that will be used • for Wyoming Springs. He added that a series of models will be conducted. A cost estimate will also be provided with the models. Staff will make a recommendation on the roads that have the most flexibility. This will allow the-Council to look at all the alternatives and choose the best route. 29 August 6, 7, 8, 1998 Input that staff received concerning SH-130 was that the residents,that were in attendance at the meeting, did not want SH-130 evaluated as an option to go through Round Rock. The residents also did not want the City to evaluate or to discuss a City street or boulevard on the MKT right-of-way. They did suggest that Greenlawn Boulevard be extended north to • US79. Mr. Word said that models will also be conducted with a cost estimate for SH-130. Mr. Word and the Council gave a brief update on SH-45 and South Mays improvements. Mr. Word said there was also a lot of opposition to the Plan being targeted to the ultimate size of the City. RECESS WORK SESSION: There being no further discussion, the meeting recessed at 9:10 p.m. RECONVENE WORK SESSION FRIDAY, AUGUST 7 1998 - 8.30 A.M. Assistant City Attorney Charlie Crossfield was present for this portion of the Work Session. Joe Vining outlined the process that will be used to set the General Plan goal. He introduced Lou Fox and Frank Perry of who led this portion of the meeting. • Mr. Fox and Mr. Perry gave a brief outline of their background. The first portion of the meeting was creating a list of Round Rock's Strengths, Weaknesses, Opportunities and Threats. Those are: STRENGTHS • Strong Economic Base • Wide variety of housing stock • Dell Computer • Water Infrastructure/Capacity • Recreational opportunities • Family oriented community • Strong City Government Administration Team • Educated population • Diverse population • Respected School District • Civic Pride- an identity • • Central Texas Location • Proactive Government-Leadership • "Can do"spirit • Welcoming attitude for"new"residents • Natural beauty • Flexible Government Structure • Rich History • Strong religious base of all faiths WEAKNESSES • Close to Austin •' The County-What does it do? 30 August 6,7, 8, 1998 • Issues Us vs. Them • No local media WEAKNESS Continued • Transportation/congestion • Mobility • Growth-responding to demands • No regional Mall • Water apathy • Physical Charm lacking • • Public disengagement • Inconsistency in Historic District Business • Lack of interaction with new communities • "CAVE/NE\4BY/BANANA"-Vocal Community • School District -High Taxes -Overlapping jurisdiction -Lack of collaberation -Too big THREATS • Voter apathy • Resistance to communication • State Legislation-Re: Annexation • State Government as a whole • Closemindness Win/Lose vs. Win/Win • "Me first" attitude • Decline of civic participation lack of"civism" • • TxDot funding speed • One industry domicile • Decline in technology industry and economy in the whole • Mueller moving to Bergstrom • Unsettled relationship with MUD's-Brushy Creek • Lack of control over outside influences -The economy and infrastructure • Pressure from growth • Aging population • "Shot Clock" getting faster • One size does not fit all anymore OPPORTUNITIES • More citizen participation in planning process - "Open communication" • Tourism • Growth • • Greater identity • Strategic partnerships • Expanding corporate headquarters location/business profile • Economic diversification •Maintain optimistic attitude • Awareness of condition/environment which exists • IH-35 issues • Baseball park 31 August 6, 7, 8, 1998 The next phase of the meeting was the development of the following Vision Statement for the General Plan. "Round Rock is a diverse,historic, friendly, family oriented community with a distinct identity. It is a desirable place to live and work. Residents, government and businesses are • committed to working together in building a more viable community." The Council and Department Heads proceeded to the next phase of the work session and developed the following goals that would achieve the Vision Statement. 1. Maintain a development policy that enhances historic preservation and provides for diversity in new growth areas. 2. Increase and diversify the employment base so we are less affected by business cycles. 3. Mobility/traffic calming- This was combined with No. 7. 4. Continue improvement of infrastructure and develop water supply. 5. Encourage voter participation in issues facing our city. 6. Provide and maintain safe environment. - This was combined with No. 7. 7. Identify and develop community and public safety services to meet the needs of a growing and diverse population(i.e. community policing) 8. Identify and market the industries which will help diversify our economy. - This was combined with No. 2. 9. Continue community policing program for citizens. - This was combined with item No. 7. 10. Promote Round Rock as a diverse community. 11. Develop policies that sustain residential,historic and business communities. 12. Make citizens (input) believe they are more part of the process.-This was combined with item No. 15. • 13. Develop policy which will encourage proliferation of Round Rock's identity. 14. Develop a tourism plan to generate funds for planned activities. 15. Develop and implement strategies to instill an attitude of trust and believability in information provided to the citizen. 16. Adhere to strong development standards to reduce future maintenance cost. 17. Implement the Transportation Master Plan in an appropriate and timely fashion. 32 August 6, 7, 8, 1998 18. Reaffirm our commitment to develop housing opportunities. 19. Continue to develop amenities which enhance life. 20. Develop better communications to citizens on all city activities. -This was combined with item No. 15. 21. Develop a plan to educate and train skilled workforce. • 22. Develop a"reuse"water facility. 23. Plan and build an Expo Center. 24. Improve communication between School District officials and City. - This was combined with item No. 36. 25. Provide quality customer service. 26. Insure the city workforce represents population we serve. 27. Actively engage the public in government/public affairs. 28. Developan ordinance to encourage xerisca in to conserve water and foster low g p g maintenance. 29. Develop policies which build strong Homeowners Associations. 30. Develop diversified/greater retail opportunities. 31. Selectively recruit industries with telemarketing opportunities. 32. Develop partnership with other jurisdictions for environmental protection. 33. Maintain reputation by providing strong law enforcement. 34. Provide leadership in the development of SH 45 and SH130 35. Develop better visual entrances to city. 36. Seek collaboration opportunities with local government and institutions. 37. Recruit TV/Radio station to Round Rock. 38. Provide leadership in developing regional water system. 39. Continue acquisition of open spaces (i.e. creeks and drainage areas) for parks and green belts. 40. Develop new partnerships with local industries to further community needs. 41. Improve relationship with Georgetown. - This was combined with item No. 36. 42. Continue to provide good customer service.- This was combined with item No. 7. 33 August 6,7, 8, 1998 The following are the top ten goals that were developed to achieve the Vision Statement. 1. Implement the Transportation Master Plan in an appropriate and timely fashion. 2. Instill an attitude of trust and believability in information provided to the citizen. 3. Provide leadership in developing regional water system. • 4. Continue improvement of infrastructure and develop water supply. 5. Increase and diversify the employment base so we are less affected by business cycles. 6. Maintain a development policy that enhances historic preservation and provides for-diversity in new growth areas. 7. Develop policy which will encourage proliferation of Round Rock's identity. 8. Identify and develop community and public safety services to meet the needs of a growing and diverse population(i.e. community policing) 9. Encourage voter participation in issues facing our City. 10. Seek collaboration opportunities with local government and institutions. The next item that was addressed was the Council's discussion list. 1. 20 year retirement option(Joseph) - Currently there is no policy formula for this option but$50-60,000 was included in the budget for this item. Staff is prepared to made a presentation on this during the budget process. Staff was asked to conduct a comparison with other cities concerning this option. 2. Full-time person at Senior Center(Joseph) - Staff recommended that this be delayed until the Clay Madsen Recreation Center is completed. Rick Atkins will manage both the Senior Center and Recreation Center. Staff will review the option of a full-time person at that time. 3. Add "sunroom" to Senior Center(Joseph) - Staff does not have a cost estimate on this improvement to the Community/Senior Center and recommended that this be • delayed until the long term plans for the property next to the Center are finalized. 4. Political sign ordinance-take down provision(Stewart) - Councilman Stewart recommended that the ordinance be changed from 30 days to 3 days. He added that this was brought up during the General Plan workshops. Mayor Culpepper asked if that could be changed to a week..;;Councilman Stewart agreed. The Council discussed various options for enforcement of the sign ordinance. Staff 34 August 6, 7, 8, 1998 was directed to review the ordinance on political and illegal signs and combining the political sign ordinance with the existing sign ordinance. 5. Downtown parking(Stluka) -The Council discussed options of either the senior citizens or police academy helping in the enforcement of the parking limits. 6. Corrizo aquifer(Stluka) -Jim Nuse gave a brief update on the City's well • production, Water Treatment Plant,Brushy Creek situation, status of Stillhouse Hollow,water supply, conservation, and water leakage. Councilman Hairston asked staff to provide the Council with a copy of the answers to the questions that John Gordon raised at the July 23, 1998 Council meeting. The Council discussed the option of a Capital Recovery Fee credit for regulated sprinkler systems. 7. Water issues in general(Stewart/Stluka) -This item was included in the discussion for item No. 6. 8. Re-evaluate our Sexually Oriented Business ordinance vs. County's ordinance (Stluka) -The Council asked that a side by side comparison be conducted between Round Rock's ordinance and the County's ordinance. 9. City entrances (gateways) (Stewart) -This was previously discussed. 10. Transportation Plan briefing(Stluka) -An update was made on the first day of the Work Session. 11. General Plan briefing (Stluka) - This item will be addressed at a later date. 12. Home &Business alarms (Chavez) - Staff said that there has been a 14%increase in alarm calls. There are over 3,000 business and residential homes that have alarms. Currently, the Williamson County and the City of Austin have a permit concerning alarms. Staff was directed to bring back a recommendation concerning alarm permits. 13. Capital Recovery Fees (Stewart) -This item was previously discussed. • 14. Affordable housing to include Blessing(Hairston) - Councilman Hairston said a lot of planning has to go into this issue because we need to be careful how the HUD money is used. 15. General Plan as an on-going process (Hairston) - Councilman Hairston asked that staff keep in touch with the resources and participants of the workshops. 35 August 6,7, 8, 1998 16. Human Resources policies (Hairston) - Councilman Hairston asked that a written acknowledgment be created that states there is no policy concerning Department Heads living outside the city limits. Mr. Bennett said the City cannot require Department Heads to live in the City. • Mayor Pro-tem Stluka encouraged the Department Heads to become more involved in community activities. He said this will help the community spirit by bringing staff and the citizens come closer together. He added that a statement from the City Manager can be added to the Human Resource Benefit and Information package that says we p encourage g y g participation patron m our community. 17. Code enforcement- Single-family(Hairston) - Councilman Hairston expressed his concern that the structure,painting, etc. of single family rental houses were not being kept up throughout the City and asked if this can be addressed in the Health Code. 18. Board and Commission appointment process (Hairston) - Councilman Hairston said he would like to see other residents serve on the Boards and Commissions rather than the same people. 19. Tourism(Hairston) - Councilman Hairston asked if staff has established some form of action to attract tourism. Mayor Pro-tem Stluka said that tourism is an official function of the Chamber of Commerce. Joanne Land said the Chamber is working on new promotional programs. As soon as she receives the information she will provide a copy to the Council. 20. Interlocal cooperation(Hairston) - Councilman Hairston encouraged cooperation with the other entities. 21. Annexation(Hairston) - Councilman Hairston will meet with Joe Vining to discuss this. • 22. Briefing on the Transportation Plan especially with SH45 and SH130 (Hairston) - This was addressed at the beginning of the Work Session. 23. Briefing on the Water Plan with respect to anticipated demand and growth (Hairston) -This item was included in the discussion for item No. 6. 36 August 6,7, 8, 1998 24. Road Repair and Maintenance schedule(Hairston) - Councilman Hairston asked that more publicity be given when road repairs or maintenance are on a schedule. This information can also be included on the City's web page. 25. Blair Street facility(Joseph) - Staff is looking at acquiring the property adjacent to this site in about 3 years. The existing facility will be repaired for PARD's use. • Staff is reviewing the option of the property being the location of the PARD and Municipal Court facility. 26. Motorcycle Patrol (Joseph) - The Council discussed the option of having the officers purchase the motorcycle and the City will reimburse the employee. If the employee owns the vehicle they will take better care of it. Councilman Stewart asked that a mid-year recommendation be brought forward for this item. 27. Police Uniforms (Joseph) - Staff is looking into purchasing fire resistant uniforms. The uniforms are currently being wear tested. 28. Xeriscape for commercial property(Joseph) -This item is to be explored. 29. Right-of-way acquisition process (Joseph) - Staff will develop new written policies for the purchase right-of-way to be consistent. • g Y 30. South Mays Road Improvements (Palmer) - This was addressed earlier in the Work Session. 31. City interaction with social service providers (Culpepper) - Staff was directed to meet with Pat Patterson of the Volunteer Center for options since WBCO no p longer provides ovides bus service in the City. 32. Possibility of intra-city bus service(Culpepper) -It was the consensus that there is a need for an intra-city bus service for social services. Options of funding from ATS, a cooperation agreement between the adjacent communities to provide this service to the low income and elderly, or contracting with a local cab services I were briefly discussed. This concluded the Council's items of disucssion. In response to Councilwoman Chavez's question, Ms. Prete said that the part for the cemetary fence has been ordered to complete the improvements. Mayor Pro-tem Stluka encouraged the Council and Department Heads to attend the SDIC Training that will be held on August 17, 18, 19, 1998. 37 August 6,7, 8, 1998 Bob Bennett informed the Council that there are$750,000 of uncommitted funds for the Council to spend on anything they desire except for Operation and Maintenance. ADJOURNMENT: There being no further business the session scheduled for Saturday,August 8, 1998 was • canceled and the meeting adjourned at 4:05 p.m. R �ectfully submitted '6( J e Land,Assi an Manager/ City Secretary • • 33 August 13, 1998 The Round Rock City Council met in Regular Session on Thursday,August 13, 1998 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Charles' Culpepper, Councilman Earl M. Hairston, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha • Chavez and Councilman Jimmy Joseph. Mayor Pro-tem Robert Stluka arrived during item 5. 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 2323, 1998 Special Called Session July 30, 1998, Special Called Work Session AugList t 7-8, 1998 Councilman Hairston corrected the draft minutes of July 30, 1998. He said on page 6, the 5th paragraph, third sentence should read, "It's not a static process, it's a continuing process of improvement." MOTION: Councilman Joseph moved to approve the minutes as amended. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Hairston • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Councilwoman Chavez introduced Sherry Blackett the new Principal of Round Rock High School. Ms. Blackett offered her assistance to the Council and City. The Round Rock 9 and 10 year old Mustang Slow Pitch Girls National Champions Softball Team were recognized at the meeting. Team members introduced themselves to the Council. • Shelia Coatsman and Nancy Sheppard, representatives of the Round Rock Dolphin Swim Team, introduced the Northwest Swim Circuit Champions. Members of the team introduced themselves to the Council. Ms. Coatsman thanked Sharon Prete and the Parks and Recreation Department for all their support and assistance to the swim team. She asked the Council to remember the swim team in future plans for the City. 39 August 13, 1998 Posey McClung, 1603 Karen Cove, invited the Council to the Senior Center's 5' Anniversary party on August 18, 1998. Ms. McClung outlined the activities that were being planned for the day. Tommy Nobles, 1410 E. Logan, expressed his view and concerns regarding the baseball • petition drives that Round Rock recently experienced and why the Council did not just go ahead and call an election. He also questioned how the wording regarding baseball got into the Stonewater Development contract. Mayor Culpepper responded that the Council cannot initiate an election for the expenditure of Hotel/Motel Tax Funds. The Council is only allowed to call elections for certain issues and this was not one of them. The Council had to wait until a petition was initiated for such an ordinance so the Council could respond. John Gordon, 1007 Green Meadow, thanked Mr.Nuse for the answers to the questions he brought up at the last Council meeting. Mr. Gordon had additional questions regarding the capacity of Lake Georgetown. He asked if the additional 10,000 acre feet of water the City contracted for was a reallocation of Georgetown's supply on a temporary basis. "Did an engineer • certify that there is a reliable standard amount of acre feet that can be drawn from the Lake each year?" Has it increased or is it this year's supply since there was a wet first half of the year? He added that if the City makes a decision on the proposed MUD, they will need to back that decision up with a guarantee of a certain amount of water, supplies and facilities. If that occurs then he would like to see the City receive a 10% payment to cover a portion of the Stillhouse Hollow waterline. Mr. Gordon's asked, "What is the contribution to that incremental capacity that we are going to receive from this MUD up front to help us build that incremental capacity so we can back their demand?"He added that a strongly worded contract with the MUD was needed to protect the interest of the citizens because they don't pick up the additional incremental cost to serve the MUD. Mr. Gordon also asked, "Who has certified more than 13,200 acre feet and • where did we get the extra 3,900 acre feet?" Mr. Nuse responded that there is about 13.5 million gallons a day available. Round Rock and the City of Georgetown each had 6 million gallons per day. The balance was for conservation. The 10,401 acre feet was a temporary agreement with the City of Georgetown and was based on the amount of time that the Stillhouse line would be constructed, what Georgetown and Round Rock would each need. The additional amount that has not been allocated is available 40 August 13, 1998 for use. Mr. Nuse added that this would delay the Stillhouse line which would benefit Georgetown. Mayor Culpepper asked if a model was done that included the Nash Ranch for the next 20 Y to 30 years. Mr. Nuse said that area has been part of the City's master plan since 1985. The master plan has different segments that are divided up for mixed uses but as for commercial and • industrial use that is hard to determine until a final user comes in. Nettie Brown, 3805 Prairie,Northridge Acres, expressed her concern that the residents of Northridge Acres were not informed that the Council would be addressing Northridge Acres at this meeting. Ms. Brown proceeded to express her concern and opinion of the water and wastewater situation in the Northridge Acres Subdivision. Bill Albee, 1702 Johnson Way, addressed the $600,000 item from Newland. He said he picked up a copy of the Development Agreement the day after the Council meeting when it was discussed by Newland. He asked Mr. Sheets if he had reviewed the contract before the Council received it. Mr. Sheets said he had reviewed several versions. Mr. Albee said he picked up a copy of pages 2 and 3 from the Stonewater Development Agreement this morning and the $600,000 advance is still in the agreement but all the references to the baseball stadium have been deleted. He added that he spoke with Mr. Bennett about the $600,000 advance from Newland to the City and asked if the $600,000 advance was going to be spent for road improvements to Highway 79 from the stadium site to County Road 122. "He told me it probably was." Mr. Bennett said he said that"would be staff's recommendation to the Council and it was up to the Council to spend the money since it was unallocated it would go into the General Fund to be used for any lawful purpose. Mr. Albee said he heard Mayor Culpepper on the radio say that the Newland money was for the road out there. Mayor Culpepper said that is what he wants to use it for since the road has been in the City's Transportation Master Plan for quite a while and he would rather use the Newland money to upgrade it whether a stadium is built or not. • Mr. Albee said he asked Mr. Bennett if the increase in sales tax was going to pay for the rest of the improvement and was told it was . Mr. Bennett said it was not a part of the 4B Capital Improvements Projects at the moment and that recommendation had not been taken to the Corporation for action. Mr. Albee asked where the money would be coming from to improve the road. Mr. Bennett said he didn't even know if the State was going to support the project. He N 41 August 13, 1998 added that staff is trying to get the project moved along faster than what it would normally occur because of what was discovered through the Transportation Plan process and the traffic problems at County Road 122 and US79. Mr. Albee read the following letter from the City of Round Rock to Mr. Garbade of • TxDot dated July 17, 1998. "The City of Round Rock is proposing that the Texas Department of Transportation (TxDOT)partner with the City and Williamson County to reconstruct US79 from County Road 195 to County Road 110. We are proposing that the design of the highway within these limits be changed from the current four lane poor boy design to a four lane divided highway. This highway is designated as a trunk system highway by TxDOT. We are requesting the project be funded and expedited for the following reasons. Minor league baseball is coming to Round Rock. The stadium will be located on US79 within the limits prescribed above. We are anticipating that approximately 70 home games will be played each season with projected average attendance of 5,500 people beginning in April 2000. The facility will also include a conference meeting center and will also host many other events each year. The average daily traffic on US79 exceeds 15,000 vehicles per day in this area because of the high volumes and • high speeds on US79 safety in the area will be greatly enhanced and congestion reduced by the construction of the divided highway and left turn lanes to the stadium parking lots. The intersection of US79 with County Road 122 has become the site of numerous accidents and a major safety concern. The combination of the offset in alignment of County Road 122 north and south of US79 and the lack of a left turn lane on the US 79 creates serious operational and safety problems for this location. The City of Round Rock and Williamson County are each currently working on transportation plans. County Roads 122 and 110 will both be significant arterials in the transportation network for the area. The highway intersections for both these important roads need to be improved to safely handle traffic which they are expected to handle. We would like to approach this very necessary project as a partnership between the City, County and TxDOT." • Mr. Albee said he asked Mr. Bennett if this was a priority on the road improvement projects and he said it was way down the list. Mr. Bennett said, "it is way down on the State's list. It is on their trunk system and we are trying to do everything we can to speed up the project. We would very much like to have that project in place to accommodate the traffic that is on 79 now and in the future." 42 August 13, 1998 Mr. Albee said, "the City of Round Rock's contribution to this project is $1,244,000. Williamson County is contributing $605,000 and TxDOT is being asked to contribute $4,405,000 for a total of$6,254,000. This proposed funding results in a local funding share in the project of$1,849,000 or almost 30% under TxDOT's normal funding requirements for this type of project. The local share would normally be approximately $570,000 or about 9% of the • project, therefore, this proposal represents a local project contribution of $1,279,000 over and above TxDOT's normal funding requirements. It looks like it's baseball to me." Mayor Culpepper said, "if the area is developed for a baseball stadium, apartments, or factory's, 79 needs to be improved." Williamson County Commissioner Mike Heiligenstein, 502 Oaklands, said he was surprised to see an item on the agenda concerning Northridge Acres and appreciated the call from the City Manager regarding this item but it didn't give him a whole lot of time to prepare the type of presentation that the Council deserved. Mr. Dale Rye, Assistant County Attorney explained exactly what Williamson County and county government's role is in a situation like Northridge Acres. Mr. Rye, explained that the Northridge Acres situation has successfully gotten worse for a number of years and finally • reached a point a few years ago where the Health District, which is an independent unit of government, and the County were confronted with two alternatives. The first alternative would be to follow a strict interpretation of the law which would be to red tag every failing septic system in the subdivision and require the people to move out of their homes. The County did not like that alternative. Mr. Rye said, "The other alternative was to try and do whatever we could to improve the situation with the residents out there. As the County began looking into that, they quickly came up against the problem that Round Rock is aware of which is that a governmental unit can only do what is, in the case of the City, it's Charter, or in the case of the County, the State General Law, permits them to do. Simply because some thing is a good idea, serves the public interest, or • protects public safety and welfare does not give them the power to act in areas where their legislative mandate doesn't cover. In the case of the County, a county in Texas cannot provide water and sewer services no matter how much they want to. So there was no way for the County to directly correct either.the water problem or the sewer problem. The County began looking into various alternatives." 43 August 13, 1998 "One was the possibility of obtaining State grant funds to install a unified sewer treatment system in Northridge Acres. They discovered that in any given county at any given time the county can't have but one project under way at a time. Williamson County was already involved in a project in Copeland so they couldn't go to that source." • The alternative was the STEP Program which is currently underway. The STEP Program unfortunately requires a substantial component of assistance from the neighborhood itself. The people in the neighborhood have to pull together and do a substantial proportion of the work that is involved in the project. The County is doing everything within it's legal power to assist the situation. They simply can't directly provide services and Round Rock is in the same situation. They can't give someone a sewer system." "Another alternative is to set up another unit of government, a MUD, or equivalent that would provide services or the subdivision can contract with one of the two adjacent cities but again the City just can't give them a water or sewer system. Northridge Acres and Copeland are in a very bad situation because they have really major sanitary problems. There are major public health problems not only for the people who live in the subdivision but also for the people • adjacent to the subdivision. The County has been trying to do all that they can in connection with this situation but the only vehicle they have to provide these services requires the cooperation of the neighborhood not only with the County but with each other." Commissioner Heiligenstein introduced James Conquest, the consultant that the County hired to pursue the original grant, and Cynthia Viejo from the Texas Department of Community Affairs. Mr. Conquest gave an update on the status of the grant submittal, STEP Program and the County's involvement. Cynthia Viejo, Texas Department of Community Affairs, thanked the Council for working with them, the City of Austin and the County. She said that a Water Supply Corporation • was created and is in place. Currently, they are in the process of finishing some surveying for easements. Since the department does not have funds to acquire the easements they are depending on the donation of the easements from the residents. They are also working with TNRCC on the plans and approval process for a very small portion over the Edwards Aquifer Recharge Zone. 44 August 13, 1998 Councilman Joseph asked, "since a portion is over the Edwards Aquifer Recharge Zone, was there any kind of emergency funds to help out?" Ms. Viejo said no; the TNRCC does not have funding dollars. Commissioner Heiligenstein said there has been many changes in the last couple of years since Nettie Brown and her group worked hard in the initial phase to try to get something done. • Commissioner Heiligenstein introduced Patti Erickson, President of the Water Supply Corporation. Commissioner Heiligenstein concluded that there has been ample opportunity for the County to exit this program and move on to another projects but they decided to stay with it as long as they can to see this project completed. Councilman Hairston said, "As long as I have been on this Council and I remember the first time Mr. Snyder came down and talked about Northridge, I knew of the area and the other Councilmembers knew of the area. My concern was my decision to do this resolution. I am accountable for not informing everyone involved. Perhaps people were informed at a later date but this document has gone through several drafts. We looked at what it was the City of Round Rock could do within it's current capacity as well as within it's current budget. Utilizing the skills of Jim Nuse and the very talented Bob Bennett, we basically are asking ourselves, am I my brothers keeper. No they are not in the ETJ. There are a lot of rules and regulations that stem from the State Legislature but this is something that we think we can do. I am happy that the County is involved and the City of Austin and all the other entities and surely we will somehow find a way around all these obstacles to give these people the water and wastewater resources they so badly need." William Camp, 2310 Stirrup, asked if it is legal under the ruling of the Texas Legislature to use Hotel/Motel Tax monies specifically for a baseball park. Steve Sheets responded that would have to be determined by a District Judge. Mayor Culpepper said it can be used for a coliseum. "Is a baseball stadium a coliseum?" Steve Sheets said the word coliseum is in the definition of convention centers. He added • that the City got an Attorney General's opinion that said it is legal to do what is being proposed by the City of Round Rock. Mr. Camp expressed his concern regarding the traffic problems associated with a baseball stadium and of alcoholic beverages being sold during baseball games and people driving after they have consumed those beverages. 45 August 13, 1998 PROCLAMATIONS: 6.A. Consider a proclamation recognizing the Senior Center on it's 5"' Anniversary Mayor Culpepper read the appropriate proclamation and presented it to Posey McClung. PRESENTATIONS: • 7.A.LConsider a presentation concerning the Clay Madsen Recreation Center. Staff Resource Person: Sharon Prete,Parks and Recreation Director. Bo Spencer presented an overview of the floor plan, elevations and revised development schedule. He provided two renditions of the exterior of the building. He asked the Council for feedback on the two drawings. He described the materials that were being considered for the two renditions. The Council gave their preference of the two but with different materials. The Council discussed various options for the exterior of the building and costs of the two and maintenance costs. Mr. Spencer said at the Council's direction,he was going to bring back a drawing incorporating their concerns. 7.B.1. Consider a presentation on the proposed Operating Budget and the proposed Property Tax Rate for Fiscal Year 1998-1999. Staff Resource Person: David Kautz, Finance Director. The City Manager's Budget for the 1998-1999 fiscal year was provided to the Council. • The operating budget includes the spending plan for the City's General Fund which is responsible for funding activities of the general government such as police protection service, fire protection service,parks and recreation,public works, streets maintenance, the Library system, Community Planning and Development, Municipal Court and other general government functions. It also includes a spending plan for the General Obligations Debt Service Fund and the Water and Wastewater Utility Fund and its related debt service. The budget maintains a high level of service. It provides additional funding in response to the tremendous growth that we have seen over the past year and expect to continue the next fiscal year as well. Kautz offered the following highlights of the budget. "Thirty-eight and a half equivalent jobs were created in this budget. That includes 6 police officers, 12 firefighters,public works personnel ranging from • building inspectors to engineering support to maintenance personnel, additional personnel in the parks and recreation specifically in parks maintenance. In the General Fund spending is up 10%. It is up 2% for the General Debt Service Fund and 4% for the utilities system for a combined increase of 6.6% overall. The combined budget is approximately$52 million." "In addition to that, there is a capital project component to the budget. The City will spend nearly$23 million next year on Capital Improvement Projects which include completion 46 August 13, 1998 of the new Library, $8 million for residential streets,neighborhood parks improvements, a new recreation center, a new fire station, and new fire trucks. The main source of funding of these capital projects are voter authorized general obligation bonds that were authorized by the voters in 1996 and they were issued in two components. The first in 1996, the second component was issued this year, 1998. In addition to those voter authorized General Obligation Bonds, • Certificates of Obligation were issued for additional recreation center funding." "As far as the revenue component of the operating budget there are no increases required for water and wastewater service. This makes it the 7th year in a row that we have not increased the water and wastewater fees to fund the utility operations and there is no proposed increase for the garbage rate." "On the property tax, staff is proposing the effective rate for the operating component of the property tax. There is an operating component and a debt service component to the property tax. The effective rate for the maintenance and operation side is sufficient to fund the operations of the City's General Fund, however, staff is proposing a moderate increase in the debt component of the property tax rate to pay for additional debt service associated with the issuance of the General Obligation Bonds, as well as the Certificates of Obligation issue this year. Annual • debt service has increase by$600,000 this year. The proposed property tax rate that staff recommends is 38.5 cents per$100 valuation compared to 37.7 cents for the prior year. The proposed property tax rate is increasing to pay for debt service on the issuance of voter- authorized General Obligation Bonds and Certificates of Obligation in 1996. The tax assessor collector has calculated the property tax rates for the City as required by law." Mr. Kautz outlined an illustration of how the property tax actually affects the average residential tax payer. In compliance with the State Law,because the tax revenue to the City is increasing, the Council will be asked to set the date, time, and place for a public hearing on the proposed 38.5 %property tax rate. Mr. Kautz concluded, "The Council is not being asked this evening to vote on the tax rate but simply to place this proposed rate on the agenda of a future • meeting specifically the first regular Council meeting in September. 7.C.1.Consider a presentation concerning the request for qualifications of architects for the planned new fire station at Deepwood. Staff Resource Person: Jim Nuse, Public Works Director. The request for qualifications process is something staff goes through for professional services. By law if the City is going to hire professional services the first step is to select the firm 'r. 47 August 13, 1998 that you want to negotiate with and create a contract and bring it back to the Council for approval. For the fire station a team of four members from both the fire department and the public works department was established. Three architectural firms were asked to provide information of qualifications and scope of services. The three firms were Architecture Plus (Mac • Ragsdale), Opus Three Architects (Keith Hickman), and J. Michael Faulk Architects (Mike Faulk). The qualifications were reviewed and staff recommended that the City consider J. Michael Faulk Architects for this project. Councilman Joseph asked for a footprint so that future fire stations could be reproduced at a cheaper rate and with xeriscape to keep the maintenance low. 7.C.2. Consider a presentation concerning the engineering analysis for evaluation of north-south water transmission capability. Staff Resource Person: Jim Nuse, Public Works Director. The engineering study as proposed by HDR, Engineering,Inc. will evaluate storage requirements,pipeline routes, and associated improvements. This is a continuation of the water modeling that they have done. This project has been in the plan for a number of years and now we have to work out the details of it. Probable construction costs for the preliminary • improvements will be developed. The cost of the proposed services is $20,700.00. Ken Haney of HDR gave an overview of the study. The purpose of the study is to look at definitive routes and decide exactly what size the line should be to meet the long terms needs of the City and to establish what the cost estimate is for the construction of the facility. The schedule to accomplish that is about 7 weeks of work to be accomplished upon notice to proceed from the city. 7.D.LConsider discussion of a petition to amend the City Charter per Chapter 9 of the Local Government Code. This item is on the agenda at the request of Councilman Hairston. Mike Sheppard, 2137 Green Oaks Circle, said a petition was issued to the City calling for single member districts for Councilmembers. Still electing at large the Mayor and Mayor Pro- tem. "It will split the City into 7 districts each with it's own Councilmember. This petition contained over 1,650 signatures. Their goal is to make sure that all parts of the City are well represented, that all the needs and concerns of every portion of the City are well represented and we want to bring local government closer to the citizens and we feel having single member districts will allow us to do that." He concluded, "there is a consensus that citizens want this and want to have an opportunity to speak about it." 48 August 13, 1998 Councilman Hairston asked the City Manager to discuss the housekeeping activities that would accompany this petition. Each one of the petitions that the City has received requires a certain type of diligence on the part of staff in accordance with State Law. Other than hearing from the citizens on this for discussion item it was his concern that staff articulate the housekeeping activities that would accompany this type of petition where the city staff would • take the lead and inform the public using daily publications. Mr. Bennett said Joanne Land counts and certifies the individual petitioners to make sure the registered voters are qualified. She is trying to arrange her time so that can be done in the most expeditious manner. Steve Sheets said once the petition is'certified as having the required number of voters then Joanne will certify to the Council and the Council will order an election at the first authorized uniform election date. This is set out in Section 9.004 of the Local Government Code. A notice of the election is published in the newspaper. The notice must include a substantial copy of the proposed amendment be published on the same day in two successive weeks with the first publication occurring before the 14th day of the election. The election has to be called 45 days before November 3rd. • PUBLIC HEARINGS: None ORDINANCES: 9.A.1.Consider an ordinance proposed by initiative petition to prohibit the expenditure of any city funds on a professional sports facility without specific voter approval. a. Consider Certificate of City Secretary regarding the Initiative Petition filed bX William George Albee, Jr., Pamela (Verschuuer Albee, David Thomas Oatman, Rosemary Oatman and Marsha(Getchell)Bradish. b. Pursuant to §7.06, of the City Charter consider either (1) adoption of the proposed initiative ordinance or(2) calling for an election on the proposed ordinance Staff Resource Person: Joanne Land, Assistant City Manager. On Friday, June 26, 1998 five • citizens filed an affidavit to commence initiative proceedings stating that they would constitute a petitioners committee and be responsible for circulating the proposed initiative ordinance as follows. "City of Round Rock shall not expend any Hotel/Motel, property or any other form of tax money any form of bond money or any other city funds for any professional sports facility whether attached or unattached to a civic/convention center without specific voter approval." On 49 August 13, 1998 Monday, June 29, 1998 the appropriate petition blanks were issued to the committee and returned completed on Monday, July 27, 1998. On Friday, July 21, 1998 Ms. Land certified to the sufficiency of the petition. There were a total of 470 names on the petition of which 437 were certified as being qualified voters. 318 names were needed in order for the petition to be valid. • According to the Charter the next step of the process is to present the certification to the Council. A copy of the certification was included in the Council's packet. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE ADOPTING THE INITrIATIVE ORDINANCE PROPOSED BY WILLIAM GEORGE ALBEE, JR., PAMELA (VERSCHUUER) ALBEE, DAVID THOMAS OATMAN, ROSEMARY OATMAN, AND MARSHA (GETCHELL) BRADISH, SAID INITIATIVE ORDINANCE PROHIBITING THE EXPENDITURE OF ANY CITY FUNDS FOR A PROFESSIONAL SPORTS FACILITY WITHOUT SPECIFIC VOTER APPROVAL. MOTION: Councilman Palmer moved to adopt the ordinance. Councilman Hairston seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka • Councilman Hairston 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph • Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.B.1.Consider an ordinance to rezone 5.00 acres of land from MF (MultifamiW to PUD (Planned Unit Development, 31. PUD 31 expansion) (Second Reading) Staff Resource Person: Joe Vining,Planning Director. This tract was not included in the original PUD 31. It was acquired by the owner after the PUD was approved. This tract complies with the development 50 August 13, 1998 regulations that were approved on the original portion of PUD 31. The primary development factor was that Mr. Winetraub dedicated right-of-way for SH-45 on this tract and in exchange the development rights that he had in that land have been transferred to the main body of this tract. The Planning and Zoning Commission recommended approval. First Reading of the ordinance was approved on July 23, 1998. Applicant: Catlyn Capital Corp. Agent: Jerry Winetraub. • 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 (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 5.00 ACRES OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, ROUND ROCK, WILLIAMSON COUNTY, TEXAS FROM DISTRICT MF (MULTIFAMILY) TO PLANNED UNIT DEVELOPMENT (PUD) N0. 31, MOTION: Councilman Stewart moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka • Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.B.2.Consider an ordinance amending the official zoning map b, zoning� _32.37 acres of land located at the northeast corner of Royston Lane and IH 35 as District C-1 (General Commercial). (First Reading). Staff Resource Person: Joe Vining, Planning Director. This original zoning is requested by the City. This tract was recently annexed and have now completed the negotiations with the landowner. The public hearing concerning this original zoning was held on May 14, 1998 by City Council. The Planning and Zoning Commission recommended adoption of District C-1 zoning at the April 15, 1998 meeting. Second reading • may be dispensed with the unanimous consent of all the Councilmembers present. Applicant: Leif Johnson Ford, Inc. Agent: G.W. Broesche,-Property Manager. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF f Y 51 August 13, 1998 ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 32.37 ACRES OF LAND OUT OF THE WILLIAM BRATTON SURVEY NO. 103, ABSTRACT NO. 100, AND THE W. DRUMMOND SURVEY NO. 109, ABSTRACT NO. 233, IN TRAVIS COUNTY, TEXAS, AS DISTRICT C-1 (GENERAL COMMERCIAL). • MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.C.1. Consider an ordinance adopting Amendment No 2 of the 1997-1998 Operating Budget. The Operating Budget includes the General Fund the General Debt Service Fund and the Water/Wastewater Utility Fund.(Efirst Reading) Staff Resource Person: David Kautz, Finance Director. This is an amendment to the current operating budget which fiscal year ends September 30, 1998. The purpose of the proposed budget revision is to provide funding for additional operating and capital costs that have been incurred or anticipated to be incurred due to the substantial growth the City has under gone this year. Highlights of the proposed revision were provided to the Council. Funding for these items is provided by increased sales tax and • growth related general revenue. There are the creation of some positions to handle the additional work load in departments such as the Police Department, the Public Works Department, and the general government area. One of the most significant items on the proposed revision is the transfer to the Capital Projects Fund of$750,000 and that would be for the purpose of providing funding for capital improvements; some of which would include, improvements for sidewalks on Sam Bass Road from Meadows east past Meadows west. Additional sidewalks for additional sites in the City, 52 August 13, 1998 additional construction costs on the public works administration building for $84,000 and other projects as approved by the Council. These funds would be transferred to the Capital Projects Fund and available for improvements in the City. The General Fund, the Debt Service Fund, and Water and Wastewater Utility Fund are adequately funded to handle these items that we are requesting approval of. • Councilman Hairston said he is delighted to see the additional,sidewalks for Sam Bass Road. He said the sidewalks will be a welcomed addition not only to the cemetery but to the businesses in that area. It will not only improve their business but also the traffic. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO. 2 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 1997-98. MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Hairston seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. The second reading of this ordinance will be held at the Council's next meeting. 9.D.1. Consider an ordinance adopting the Stonewater Development Agreement. (First Reading) Staff Resource Person: Charlie Crossfield, City Attorney's Office. Bob Bennett said when staff began meeting with Jim Powell about the Stonewater Development the City had a number of things in mind it was trying to accomplish. Those were: to pull growth to the north along the Interstate. It is staff's opinion that growth is, in part, demand driven and if the demand can be refocused to the north it will help pull some of the growth off of the east side of town. Staff wanted to expand the City in the most cost effective manner. With the advent of the half • cent sales tax for ad valorem tax reduction and half cent sales tax for transportation the financial complexion of growth has changed in the City. It is the case now where a single family resident in Round Rock provides 25 cents in ad valorem taxes and demands a dollars worth of services. That is why it is so important to have commerce so we can receive sales tax and that we try to 53 August 13, 1998 generate industrial properties. The industrial properties typically generate$3.00 of ad valorem and demand$1.00 worth of services. The City wanted to help facilitate a higher quality of growth than normal standard development process and the MUD can help us do this. We wanted to allow growth to pay it's • way with no direct or indirect subsidizes from the citizens of Round Rock. We will not be providing services typically funded out of the General Fund to the MUD. They will have their own Board and will be providing those kinds of services. Staff negotiated a substantial contribution in utility infrastructure to the City's utility and a substantial development fee of $2.5 million from the District to the City, over time, of which$600,000 would come to the City initially over the first three years, secured by a letter of credit in$200,000 increments and that money is to be used by the City for any lawful purpose. Charlie Crossfield went over the following summary of the Newland Development Agreement. 1. Property:.Newland has purchased or has under contract a total of 1,181 acres in Round Rock's ETJ and 374 acres in Georgetown's ETJ. This Agreement only governs development of the portion of the project within Round Rock's jurisdiction. The Agreement will assure the City that the development will be of a uniform,high quality over the term of its development and provide the developer with the ability to obtain the financial commitments that are necessary for a project of this scope. 2. Master Development Fee. A master development fee of 8% of the construction costs that are bonded by the proposed municipal utility districts, up to a maximum of$2,500,000,will be paid to the City as a master development fee. The developer will fund up to $600,000 of this fee in the form of annual advances of $200,000 each for 3 years, and these advances will be secured by the developer's • posting of a letter of credit with the City. This use of this fee income is not restricted. 3. Concept Plan. The Planning and Zoning Commission has approved the Concept Plan for this project and certain exceptions to the Subdivision Ordinance that are shown on the Concept Plan,which is attached to the Agreement. As noted by the Planning Staff,most of these exceptions are either standard for development 54 August 13, 1998 projects or are changes that the Staff believes will be incorporated into the City's ordinances as they are updated. The Agreement affirms the approval of the Concept Plan, and that plats complying with the Plan will be approved by the City. The Agreement provides for administrative approval of changes to the Concept Plan that do not result in a change in density or an increase in utility • requirements,but major changes will be subject to the full City review process. 4. Business Park. The developer intends to create a public improvement district over the commercial portion of the land adjacent to IH35. The land within this business park will be annexed as improvements are completed,which will assure that a substantial tax base is in place before the City is obligated to provide City services to the area. 5. Municipal Utility Districts. The developer intends to create 2 municipal utility districts over the residential areas of the project, to finance the internal water, wastewater and drainage improvements and the major utility infrastructure required to extend water and wastewater service to the project boundaries. This agreement provides for the City's consent to the creation of those districts, and requires the districts to contract with the City for wholesale water and wastewater service at cost-of-service rates. These districts will be sized to facilitate quicker build-out, and to assure a size that can more easily be annexed by the City in the future. A district may be annexed by the City when it has built utility improvements to serve 90% of the developable property within its boundaries, and either the developer has been reimbursed or, if the City wants to annex sooner, the City agrees to reimburse the developer. (City reimbursement for developer-constructed facilities within a district that is annexed is already required by law.) 6. Utilities. The developer has presented a preliminary plan for extending City water • and wastewater facilities to the project, including oversizing, that has been accepted by the Utility Department. Under the Agreement, the City will participate in the cost of certain offsite facilities that will be oversized to serve areas that the City intends to serve in the future. These offsite facilities will be conveyed to the City. If additional oversizing is required due to a change in the p� 55 August 13, 1998 utility requirements of the project, or an error by the developer's engineer, then Newland will be responsible for that additional oversizing. 7. Parks. The Stonewater project will include substantial park and recreational amenities that are described in the Agreement, including a golf course. The Agreement provides for a credit for these park facilities against the City's parkland dedication requirements. The Agreement also provides that the fees for daily play at the Stonewater golf course cannot be less than the fees at the City's Forest Creek course. 8. Authori1y. This Agreement contemplates that the City will designate this project as an industrial district under 42.044 of the Local Government Code, which provides the City with the legal ability to enter into enforceable contracts such as this Agreement. This industrial district is not a legal entity,but is only a designation that provides the City with"enabling legislation" to contract. 9. Vested Rights. This Agreement provides the developer with assurances as to development regulations and its ability to continue development,which are • necessary due to the scope and built-out time required for the project. 10. Term. The Agreement provides for a 15-year term. .Extensions must be approved by the City. The Agreement may also be terminated by written agreement of the developer and the City. 11. Default. The City may enforce the Agreement by court action or, if the developer fails to cure a default after notice from the City,may terminate the Agreement. Councilman Hairston expressed his concern of when the City annexes the Mud and if there is any debt what would be the estimate of that debt per household. Garry Kimball, Financial Advisory for the MUD, said on the potential of a$50 million debt over the entire financing for all the infrastructure that is involved with the project as a whole and 3,200 homes which the developer is estimating is about$15,000 a home but this is at ultimate built out. More practically speaking the City would go through an analysis for a triggered annexation to make sure that once annexed the debt service for household will match the City's existing tax rate. If it didn't do that then the City would not annex. Councilman Hairston asked what option would the developer have if the agreement was not accepted. Mr. Crossfield said if the City fails or refuses to give consent to the creation of the 56 August 13, 1998 MUD on mutually agreeable terms between the City and the MUD,within 90 days after the developer requests the consent, then he can petition the City and request water/wastewater service to the area. After 120 days after the developer submits the petition, if the City fails to contract with the property owner then that failure constitutes a consent to the MUD. Then after the City has failed to consent or failed to provide them with a reasonable contract for water and wastewater service, the property owner will petition the TNRCC for the creation of the MUD. The TNRCC will allow the creation of the MUD if they find that the City either doesn't have the reasonable ability to serve the MUD or has failed to contract to provide water and wastewater service at a reasonable cost. Councilman Hairston asked what the disadvantage would be to the City if that occurred. Jim Powell of Newland responded that they anticipate 180 acres being devoted to a Golf Course and trail system, 40 plus acres for parks and open space are being set aside that could be eligible for development so that density times another 300 acres at the least could be used for development. In response to Councilman Hairston's question, Mr. Nuse said the water capacity plan that he presented at the Council retreat took into consideration the area in the ETJ and the • Stonewater Development. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, DESIGNATING A DISTRICT UNDER SECTION 42.044 TEXAS LOCAL GOVERNMENT CODE; AUTHORIZING AND APPROVING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH THE OWNERS OF LAND WITHIN THE DISTRICT• PROVIDING TERMS AND CONDITIONS; PROVIDING AN EFFECTIVE DATE; AND WAIVING NOTICE AND PROCEDURAL REQUIREMENTS ALONG WITH WAIVING CERTAIN SUBSTANTIVE ORDINANCE REQUIREMENTS. MOTION: Councilman Palmer moved to adopt the ordinance. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Y Y Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 57 August 13, 1998 MUD on mutually agreeable terms between the City and the MUD,within 90 days after the developer requests the consent, then he can petition the City and request water/wastewater service to the area. After 120 days after the developer submits the petition, if the City fails to contract with the property owner then that failure constitutes a consent to the MUD. Then after • the City has failed to consent or failed to provide them with a reasonable contract for water and wastewater service, the property owner will petition the TNRCC for the creation of the MUD. The TNRCC will allow the creation of the MUD if they find that the City either doesn't have the reasonable ability to serve the MUD or has failed to contract to provide water and wastewater service at a reasonable cost. Councilman Hairston asked what the disadvantage would be to the City if that occurred. Jim Powell of Newland responded that they anticipate 180 acres being devoted to a Golf Course and trail system, 40 plus acres for parks and open space are being set aside that could be eligible for development so that density times another 300 acres at the least could be used for development. In response to Councilman Hairston's question, Mr.Nuse said the water capacity plan • that he presented at the Council retreat took into consideration the area in the ETJ and the Stonewater Development. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, DESIGNATING A DISTRICT UNDER SECTION 42.044 TEXAS LOCAL GOVERNMENT CODE; AUTHORIZING AND APPROVING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH THE OWNERS OF LAND WITHIN THE DISTRICT; PROVIDING TERMS AND CONDITIONS; PROVIDING AN EFFECTIVE DATE; AND WAIVING NOTICE AND PROCEDURAL REQUIREMENTS ALONG WITH WAIVING CERTAIN SUBSTANTIVE ORDINANCE REQUIREMENTS. MOTION: Councilman Palmer moved to adopt the ordinance. Councilman Stewart seconded the motion. • VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 58 August 13, 1998 10.A.1.Consider a resolution authorizing the Mayor to execute an agreement with Pena Swayze and Company for the annual audit for the fiscal year ended September 30, 1998. Staff Resource Person: David Kautz, Finance Director. The City's Charter requires an annual audit of the financial records to be performed by an independent certified public accountant. The cost of the audit will be approximately $43,500 and is included in the operating budget. Staff • recommended that Pena Swayze be retained to the City's audit. He added that through their assistance and expertise they have been instrumental in helping the City obtain and maintain it's award from the Government Financial Officers Association for excellence in financial reporting for the past 11 years. He noted that it was extremely important to retain Pena Swayze for this year because the City is in the mist of a major financial services computer system conversion to upgrade the technology and prepare for the year 2000. This firm if familiar with the City's existing system as well as the new system. 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 & Company has submitted an agreement to provide said audit for the fiscal year ending September 30, 1998, 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 Pena Swayze & Company to conduct said audit, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 13th day of August, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 59 August 13, 1998 10.A.2.Consider a resolution authorizing the Mayor to execute an agreement with Interactive Computer Designs Inc. for utility billing software, software support and certain equipment. Staff Resource Person: David Kautz, Finance Director. This is the last of three major software installations that the City is currently working on. The other two are the Financial . Accounting system installation and Human Resources and Payroll software installation. This agreement has been funded by a revision to the Operating Budget approved by the Council and is for $125,354. Staff recommended Interactive Computer Designs, Inc. for the utility software, software support and equipment. The City's computer systems consultant concurred with staff's recommendation. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City has a need for utility billing software, software support and equipment, and WHEREAS, Interactive Computer Designs, Inc. has submitted an agreement to provide the needed software, software support and equipment, and WHEREAS, the City Council desires to enter into said agreement with Interactive Computer Designs, 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 Interactive Computer Designs, Inc. for utility billing software, software support and equipment, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 13th day of August, 1998. CHARLES CULPEPPER, Mayor ATTEST: 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 Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried,unanimously. 60 August 13, 1998 10.A.3. Consider a resolution which places a proposal to adopt the City of Round Rock property tax rate on the agenda of a future Council meeting and sets a date, time and place for a public hearing on the proposed property tax rate. Staff Resource Person: David Kautz,Finance Director. A presentation was made on this item earlier in the meeting. In response to Councilman Hairston's question earlier in the day,Mr. Kautz said he • contacted the City's Tax Assessor Collector and received the following estimates of what,other taxing entities are proposing. The City is considering a property tax rate of 38.5 cents per$100 valuation, Round Rock Independent School District is considering $1.74.9 tax rate and Williamson County is considering a 34.6 tax rate. In compliance with Truth-in-taxation Law, if the City's proposed tax rate will raise more property tax revenue than the preceding year, the Council must vote to place the proposal to adopt the rate on the agenda of a future meeting. The proposed property tax rate is 38.5 cents per $100 valuation compared to 37.7 cents for the prior year. The proposed property tax rate is increasing to pay for debt service on the issuance of voter-authorized General Obligation Bonds and Certificates of Obligation in 1998. This is not a vote on the tax rate but rather setting the date for a public hearing and consideration of the tax rate the first Council meeting in September. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Chapter 26 of the Property Tax Code [Vernon's Texas Codes Annotated, Tax Code, Sections 26.01 et. seq.] requires taxing units to comply with truth-in-taxation laws in adopting their tax rates, and WHEREAS, the City of Round Rock's 1998 proposed tax rate will raise more property tax revenue (1998 proposed taxes) than the preceding year(1997 property taxes), and WHEREAS, it is mandatory in such case for the governing body of the City of Round Rock to vote to place the proposal to adopt the rate on the agenda of a future meeting as an action item on which a record vote will be taken, and WHEREAS, it is necessary for the City Council to set a date, time, and place for the holding of a public hearing on the proposed property tax rate, and WHEREAS, the proposed property tax rate is 38.5 cents per $100 valuation compared to 37.7 cents for the prior year, and WHEREAS, the proposed property tax rate is increasing to pay for debt service on the issuance of voter-authorized General Obligation Bonds and Certificates of Obligation in 1998, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposal to adopt the 1998 proposed property tax rate be placed on the agenda of the September 10, 1998 meeting of the Round Rock City Council as an action item on which a record vote will be taken and recorded. That a public hearing on the 1998 proposed property tax rate be held on the 10th day of the month of September, 1998, at 7:00 o'clock p.m. at 221 E. Main Street, Round Rock, Williamson County, Texas. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the 61 August 13, 1998 Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 13th day of August, 1998. CHARLES CULPEPPER, Mayor ATTEST: 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 Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.B.1.Consider a resolution authorizing the Mayor to execute a contract with Ballou Construction Co. Inc. for the Street Maintenance Program Phase 1 /Micro-Surfacing Staff Resource Person: Jim Nuse, Public Works Director. Two bids were received on July 28, 1998 for the Street Maintenance Program Phase 1/Micro-Surfacing project. Ballou Construction Co. • Inc. Submitted the lowest bid of $228,267.80. This contract will follow up the Waterline Replacement Program in the Oaklands and Oakcreek Subdivisions. The funding source is the General Fund Street Maintenance Program. Staff recommended acceptance of the bid from Ballou Construction. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Street Maintenance Program Phase I/Micro-Surfacing, and WHEREAS, Ballou Construction Co., Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Ballou Construction Co., 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 Ballou Construction Co., Inc., for the Street Maintenance Program Phase I/Micro- • Surfacing, a copy of said contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 13th day of August, 1998. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: 62 August 13, 1998 JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.B.2.Consider a resolution authorizing the Mayor to execute a contract for the purchase of right-of-way from Leif Johnson. Staff Resource Person: Jim Nuse, Public Works Director. There is 2.89 acres of land that will be used for the Greenlawn Boulevard extension. The sale price is $135,000 and was established by an appraisal conducted by Gardner and Associates at $1.07 a foot. Staff recommended execution of the real estate contract for the purchase of the property from Leif Johnson. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City desires to purchase a 2.892 acre tract of land as additional right of way to facilitate the extension of Greenlawn Boulevard from Louis Henna Boulevard to the IH 35 East Frontage Road, and WHEREAS, Leif Johnson Ford, Inc., the owner of the property, has agreed to sell said property to the City,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 Real Estate Contract with Leif Johnson Ford, Inc. for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 13th day of August, 1998. 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 63 August 13, 1998 Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • 10.B.3. Consider a resolution authorizing the Mayor to execute Contract Change Order No. 1 to Nelson Lewis,Inc. for the Oaklands/Oak Creek Waterline Replacement Project. Staff Resource Person: Jim Nuse,Public Works Director. The Oaklands/Oak Creek Waterline Replacement Project is completed. This is the first,pilot project that has been done under the settlement of the lawsuit with Shell Oil Company for the blue tubing. This change order provides for the adjustment of the contract quantities to reflect the actual construction and provides for extra work items outside the original contract work. This change order decreases the contract amount by$15,272.99 making the current and final contract amount at$335,008.01. Staff will bring an action item for Council's approval concerning the Greenslopes Subdivision project on September 24, 1998, South Creek on October 22nd, and the Woodson • November 24th. The same process will be followed as in the Oakland/Oakcreek Project. All The water lines will be replaced that have not been replaced and next spring or early summer repair to the roads will be done. The contract is generally about 90 to 120 days. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Nelson Lewis, Inc. for the Oaklands/Oak Creek Waterline Replacement Project, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 1,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 Contract Change Order No. 1 to the Contract with Nelson Lewis, Inc. for the Oaklands/Oak Creek Waterline Replacement Project. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the • subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 13th day of August, 1998. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary y 64 August 13, 1998 MOTION: Councilman Joseph moved to approve the resolution. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez • Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.C.1.Consider a resolution authorizing the Mayor to execute an agreement with the Williamson County Humane Society for public pound services. Staff Resource Person: Buster Kuhlmann, Police Chief. This agreement describes the services and fees that the Williamson County Humane Society will provide for public pound services. The annual cost of this agreement is $20,000 a year and is included in the Operating Budget. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain public pound services, and WHEREAS, Williamson County Humane Society has submitted an agreement to provide • said services, and WHEREAS, the City Council desires to enter into said agreement with Williamson County Humane Society,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 Williamson County Humane Society for public pound services, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 13th day of August, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None 65 August 13, 1998 ACTION: The motion carried unanimously. 10.D.1. Consider a resolution authorizing the Mayor to execute a license agreement with SDC StoneyBrook Partners, L .P. for the construction and maintenance of a monument sign landscaping, related irrigation and paving in the public right of way located along Sandy Brook • Drive at the entry to the Stoney Brook Subdivision Staff Resource Person: Joe Vining,Planning Director. This developer has agreed to the City's standard license agreement for placing a monument sign in the public right-of-way. This sign will be at the intersection of Sandy Brook Drive and Chandler Road. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas, is the owner of the public right-of-way located along Sandy Brook Drive, and WHEREAS, SDC StoneyBrook Partners, L.P., the owner of the real property located adjacent to the right-of-way, desires to exercise certain rights and privileges upon the unpaved portion of the public right-of-way located along Sandy Brook Drive,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 License Agreement with SDC Stoney Brook Partners, L.P. for the right and responsibility to install, construct, operate, maintain, replace, upgrade, and repair an approved Area Identification • Sign, and landscaping and irrigation systems in and upon the public right-of-way located along Sandy Brook Drive, a copy of which is attached hereto as Exhibit "A". The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 13th day of August, 1998. 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 Hairston • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. I O.E.LConsider a resolution amending the 1997-1998 Hotel/Motel Budget. Staff Resource Person: Sharon Prete,Parks and Recreation Director. The purpose of this item is to 66 August 13, 1998 transfer$3,700.00 from the SPORTSFEST account to the Outlaw Trail 100 Bicycle Tour account due to an anticipated increase in participation. Staff is anticipating 700 cyclist and these funds will be used to purchase additional supplies such as t-shirts and water bottles. These expenses will be off-set by increased revenues of the event. Mayor Culpepper read the following resolution. • RESOLUTION NO. WHEREAS, the City Council has previously adopted by resolution a 1997-98 budget for the expenditure of hotel tax funds, and WHEREAS, the Council wishes to amend said budget in accordance with the attached proposal,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the 1997-98 budget for the expenditure of hotel tax funds be amended as set forth in Exhibit "A" attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 13th day of August, 1998. 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.F.1.Consider a resolution concerning Northridge Acres. This item is on the agenda at the request of Councilman Hairston. Councilman Hairston briefly outlined the changes that were made to the original resolution. • Mayor Pro-tem Stluka asked Councilman Hairston, "given what you heard this evening from the Northridge Water Development Corporation, the Texas Department of Housing and Community Affairs and Commissioner Heiligenstein, do you feel differently about proposing the resolution?" u,µ4 „+ 67 August 13, 1998 Councilman Hairston said, "No I don't. Basically,this is a resolution that does not address what other entities have been doing and it is not a criticism of their performance or past meetings or whatever. I know that a staff meeting has occurred today and it was one that occurred a couple days ago right before we went to the retreat. What I am trying to do here is • basically put it in writing for all the world to see that Round Rock is prepared,with it's "can do" attitude,to help out it's neighbors to the south in the Northridge Acres Subdivision. It is an unusual situation that we have a subdivision that is not in our ETJ, it is outside of our Certificate of Convenience and Necessity,however,because I know that we have a caring attitude we can try to use those resources that are in our power basically to help out our neighbor. This does not require any additional cost in our budget. Basically,we are doing what is in our capacity to do. We also asked the City of Austin to participate in a wastewater interceptor adjacent to Northridge which could serve a portion of that subdivision. It will be important for the regional development. Basically, we are trying to look forward,we are trying to be pro-active. This is not a criticism of any of the other entities.Basically, it's just stating that Round Rock is prepared to serve in this capacity as a good neighbor." • Mayor Pro-tem Stluka asked Ms. Erickson and Ms. Viejo, "As far as this resolution is concerned does it help you in anyway?What does this do for you?" Ms. Erickson responded that it simplifies the situation because of all the entities involved. It spells out everybody's role in the situation. Mayor Pro-tem Stluka said Commissioner Heiligenstein informed him that he was receptive to this resolution as it was rephrase. Mayor Culpepper asked Councilman Hairston that in the future before he starts asking things of other governmental entities for him to get with them and talk to them so they are not caught by surprise because Travis County and Williamson County were not aware of the resolution. • Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Northridge Acres Subdivision, ("Northridge") has reported problems with drinking water and wastewater, and Northridge has asked for assistance from Round Rock in solving these problems; and WHEREAS, Northridge is in the Extraterritorial Jurisdiction ("ETF) of Austin and is outside of the ED of the City of Round Rock, and is outside of the City of Round Rock's Certificate of Convenience and Necessity("CCN") area and jurisdiction; and WHEREAS,Northridge is located in the counties of Travis and Williamson; and WHEREAS, utility lines have been sized to meet the needs of the area inside the Round 68 August 13, 1998 Rock CCN and ETJ,but have not been sized to meet the needs of Northridge; and WHEREAS, at the present time there is limited unused capacity in a wastewater interceptor adjacent to Northridge that could serve a portion of the subdivision; and WHEREAS, the City of Round Rock is willing to enter into an acceptable interim agreement for this capacity with the City of Austin so that Austin could provide service to this area on a temporary basis until Northridge and Austin can provide permanent service; and WHEREAS, it will be the responsibility of Northridge to install necessary internal lines; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, • TEXAS, That it is the Council's request to the City of Austin, the Texas Department of Housing and Community Affairs, and the governing bodies of Travis County and Williamson County that those respective bodies collaborate with the Northridge Acres Water Supply Corporation to sponsor a project in fiscal year 1999 which will empower Northridge residents and create the needed infrastructure; and That the City Council encourage the City of Austin to enter into a participation agreement with the City of Round Rock for the construction of the Southwest Round Rock Wastewater Interceptor; and That, so long as the limited unused capacity in a wastewater interceptor adjacent to Northridge remains available, the City of Round Rock is willing to consider a request from Austin to enter into an interim wastewater agreement with Austin to provide service to Northridge. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 13th day of August, 1998. CHARLES CULPEPPER,Mayor • ATTEST: City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilman Hairston moved to approve the resolution. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: 11 A.Consider 1 appointment to the Transportation System Development Board to fill an • unexpired term. Staff Resource Person: Joanne Land, Assistant City Manager. Two letters of interest were submitted by Ruth Koughan and Tommy Nobles for the position. Tommy Nobles asked to address the Council. Mr. Nobles said he had just learned that Mrs. Koughan has submitted a letter of interest for the position and, with respect, he withdrew his letter for consideration. 69 August 13, 1998 MOTION: Councilman Joseph moved to appoint Ruth Koughan by acclamation to fill the unexpired term on the Transportation System Development Corporation. Councilman Hairston seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. DISBURSEMENTS: Mayor Pro-tem Stluka disclosed that he has a consulting contract with HDR. It is a contractual arrangement and does not have anything to do with item 12.8. 12.1.Consider payment of$11,140.30 to Arkitex Studio. Inc. for architectural services associated with the Public Works Expansion Project. The current contract price is $18.200.00 and the project is funded from General Construction Funds. 12.2. Consider payment of $45,500.00 to Allied Consultants, Inc. for professional • services associated with the implementation of the Finance Department Computer System Software and technical supportThe current contract price is $355,000.00 and the project is funded from 1997-1998 General Operating Budget Revision No. 1. 12.3. Consider payment of $30,390.16 to Baker-Aicklen & Associates, Inc for engineering services associated with the Greenlawn Boulevard Extension/Greenlawn-IH-35 Interchange. The current contract price is $399,284.52 and the project is funded from Economic Development Sales Tax. 12A.Consider payment of $13,384.00 to Baker-Aicklen & Associates, Inc for the boundary and topographic survey of the Telander Tract. The current contract price is $23,200.00 and the project is funded from 1997-98 Hotel/1V4otel Budget Revision • 12.5.Consider payment of $180,442.05 to CP Snider Construction Co., Inc for the Public Library Expansion Project. The current contract price is 2,860,000 00 and the project is funded from 1996 General Obligation Bonds. 12.6. Consider final payment of $150,633.14 to Chasco Contracting for the Public Works and Vehicle Maintenance Facility. The current contract price is $1,493,326.43 and the project is funded from General Operating Fund Advance to be reimbursed by 1998 G O Bonds 70 August 13, 1998 12.7. Consider payment of $94,022.32 to Chasco Contracting for the Eggers Acres Street Improvements The current contract price is $990,725.10 and the project is funded from 1996 General Obligation Bonds and Blue Pipe Lawsuit Proceeds. 12.8. Consider payment of 16 600.00 o HD p ym $ t R Engineering for Water System Improvements. The current contract price is $534,400.00 and the project is funded from Water • System Construction Funds. 12.9. Consider payment of $20,000.00 to Hellmuth, Obata and Kassabaum, Inc. for professional services on the preliminary design for a multi-purpose stadium. The current contract price is$25,000.00 and the project is funded from 1997-1998 Hotel/Motel Budget Revision. 12.10. Consider final payment of$8,035.00 to Schroeder Construction Company for the Maxserve Wastewater Extension. The current contract price is$51,550.00 and the project is funded from Wastewater System Construction Funds. 12.11. Consider final payment of $89,938.01 to Nelson Lewis, Inc. for the Oaklands/ Oakcreek Waterline Replacement. The current contract price is $335,008.01 and the project is funded from Water System Construction Funds (Blue Pipe Lawsuit Settlements • MOTION: Councilman Joseph moved to approve the disbursements. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. NEW BUSINESS: 13.A.1. Consider reimbursement of$19,864.00 to SDC Stoney Brook Partners L P for oversizing utility lines in Stoney Brook Section 3-A Subdivision Staff Resource Person: Jim • Nuse, Public Works Director. The subdivision work is complete. The funding source is the water and wastewater oversize account. Staff recommended approval. MOTION: Councilman Joseph moved to approve the reimbursement. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston 71 August 13, 1998 Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.A.2. Consider reimbursement of$10,670.40 to Milburn Homes for oversizing utility • lines in Remington Heights Section One-A Subdivision. Staff Resource Person: Jim Nuse, Public Works Director. The subdivision work is complete. The funding source is the water and wastewater oversize account. Staff recommended approval. MOTION: Councilman Joseph moved to approve the reimbursement. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • CITY MANAGER'S REPORT None COUNCIL COMMENTS: Councilman Joseph thanked Carla Campos and Robert Scheid of Dell Computers for fixing his computer so quickly. He wished a Happy Anniversary to Mayor Woods and his wife Vivian. Mayor Culpepper said that Dale Ricklef s father-in-law passed away and relayed that the Council's thoughts and prayers are with the Ricklef family. ADJOURNMENT: There being no further business,the meeting adjourned at 9:51p.m. Respectfully Submitted WLL) 411X� • Janne Land, Assistant City Manager/ er/ City Secretary 72 August 27, 1998 The Round Rock City Council met in Regular Session on Thursday, August 27, 1998 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Pro-tem Robert Stluka, Councilman Earl M. Hairston, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha • Chavez and Councilman Jimmy Joseph. Mayor Charles Culpepper 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. APPROVAL OF MINUTES: Regular Session August 13. 1998 Councilman Hairston corrected page 43,paragraph 4 of the draft minutes by inserting the following sentence. "Councilman Hairston responded, Thank you Mayor, I will take that under advice." MOTION: Councilman Joseph moved to approve the minutes as amended. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka .Noes: None Absent: Mayor Culpepper ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Judy McLeod, 307 Gladeview, acknowledged that a petition was collected in support of the baseball team coming to Round Rock. She added that this is an exciting event for the community. There has been much enthusiasm expressed as a wonderful opportunity for the children, families, and a positive effort for the community and the community is very fortunate to have the opportunity. She noted that there were 35 petitioners who worked in securing the signatures. She asked the official petitioners,who were present at the meeting, to stand. • Ken Snyder, 4406 Northridge, thanked the Council for the resolution they approved concerning his subdivision. He distributed a petition of signatures in support of the program for Northridge Acres Subdivision. Nettie Brown, 3805 Prairie Lane, resident of Northridge Acres, read the following prepared statement. "To Mayor Culpepper and all the Councilmembers. The property owners and 1 73 residents of Northridge Acres would like to express their thanks and appreciation to the Mayor and all City Council members and especially Place 2 Councilmember Earl Hairston for passing a resolution to help Northridge Acres. Round Rock has offered to sponsor Northridge for water and sewer through the Texas Department of Housing and Community Affairs. We would like to • present a petition of property owner's to show our support of this program. There are 75 property owner's on this petition. Our health, safety and lives are being jeopardized by unsafe water and septic waste. We are depending on this program and hope that progress can begin as soon as possible. Thank you very much." David Pruett, 1711 Amber Skyway, said he wished to speak under item 9AL Mayor Pro- tem Stluka informed Mr. Pruett that item 9A1 was not a public hearing and if he wished to speak this was the time allotted for that. Mr. Pruett chose not to come forward. Richard Wells spoke against the charter amendment to establish single member districts. He gave a brief history of the creation of the City's Home Rule Charter. He noted that he was a member of the Charter Study Committee which unanimously recommended to the City Council that the City go to a Home Rule Charter. The Council called an election to elect members to a • Home Rule Charter Commission of which he was Chairman of not only this Commission but of the first two Charter Review Commissions. He noted that the Commission reviewed over 75 Charters, interviewed Mayors and City Managers across the State and worked with the Texas Municipal League. They found that single member districts have a tendency to be less fair to the City as a whole. The Charter Commission unanimously agreed that the Mayor and Council be elected at-large because it was the best form of government and the fairer of the two. Mr. Wells gave scenarios of how single member districts can be unfair for the City as a whole. He concluded that it would be a sad mistake to turn back on what was a unanimous decision to go to a Home Rule Charter with elected at-large officials and switch where you have individual precincts with people fighting for their own good and not for the good of the City. • PROCLAMATIONS: None PRESENTATIONS: 7.A. 1. Consider a presentation concerning the creation of a Round Rock Historic Society 501(c)(3). Staff Resource Person: Joe Vining, Planning Director. One of the goals of the Historic Preservation Commission (HPC) has been to bring forth a recommendation about a 74 August 27, 1998 501(c)(3) Historic Society that members of the City can join at-large to strengthen the Commission and also help people get more involved with their community. Bob Brinkman, Chairman, presented the HPC's proposal to establish a non-profit citizen based society for the purposes of educating citizens about Round Rock's historic places, buildings, promote preservation of historic landmarks and structures, and facilitate the • preservation and acquisition of historic properties in Round Rock as well as conducting and raising funds for the Annual Christmas Homes Tour and other projects. Mr. Brinkman noted that this year's Homes Tour will be December 12th and will be the last one the HPC proposes to conduct. The increased level of planning and,public participation required to conduct the tour does not allow the HPC to focus on it's official responsibilities delegated by the City Council. Mr. Brinkman asked the Council for their support of this organization. The Council expressed their support of the Historic Preservation Commission's proposal. Mayor Pro-tem Stluka noted that this will give a community wide opportunity to do a lot in regards to the City's historic preservation. Councilman Hairston asked Mr. Brinkman how people interested in the non-profit organization or who want to get involved with the historic society can get more information. Mr. • Brinkman said they can call the City's Planning Department. He added there will be a kick-off event, fund-raiser and membership drive at Christmas Family Night on December 11th and anyone who is interested should call to volunteer for the Homes Tour. 7.B.1. Consider a presentation concerning the Certificate of City Secretar3� regarding the Initiative Petition filed by John Gordon and other citizens to amend the City Charter by restructuring the current system of City government. Staff Resource Person: -Joanne Land, Assistant City Manager. On August 13, 1998 a group of Round Rock citizens submitted a petition containing 1,660 signatures to the City for verification and certification. This petition was circulated in order to require the City Council to call an election to amend the Round Rock City Charter by structuring the City Council (quoting from the paper work submitted by the • petitioners) "the restructuring would consist of creating the office of Mayor Pro-tem, adding a seventh (7) Councilmember electing the Councilmembers by district rather than at-large, defining the initial district boundaries for the seven districts and providing for the transition of the new City Council structure." 3 75 According to Chapter 9 of the Local Government Code the petitioners had to have at least 5% of the total qualified voters which equates to 1,173 qualified signers of the City in order to validate theetition. Over 1 173 were verified ed as qualified voters thus making the petition sufficient. • 7.B.2. Consider a presentation concerning the Certificate of City Secretary regarding the Initiative Petition filed by Charles H Fishbeck, Gail Hester Danny R Thompson, Mike Heiligenstein, Nicole Ryan, Aaron Hees. Patricia M. Kautz, Joseph Edwards Lehane; Tamako Urbanski Mike Robinson John S Moman Fred D Nettle, Mark E Gold A William Waeltz, r. Clarence J Kellerman, T Nyle Maxwell Ernest E Gordon, John J Manbeck, Jr., Tggy Hutchens Rod Morgan Bobby Earl Bitner, Jr Franklin Baker Charles Culpepper Judy L McLeod, Reid Ryan, Thomas C Nielson Erik A Ulland, Carolyn Nielson, Phil Brewer, Glenn King, ce A King, Claire Wolff, Keith A Hickman,Mary A Kubacak, and Whitney Turner to propose an initiative ordinance which would approve the expenditure of Hotel Occupangy Tax for a multi-purpose facility/baseball stadium. Staff Resource Person: Joanne Land,Assistant City Manager. On Tuesday, August 4, 1998, 35 citizens filed an affidavit to commence initiative • proceedings stating that they would constitute a petitioners committee and be responsible for circulating a proposed initiative ordinance as follows. "An ordinance approving the expenditure of Hotel Occupancy Tax for a multi-purpose facility/baseball stadium." On Tuesday, August 4, 1998 the appropriate petition blanks were issued to the committee and returned completed on Friday, August 21, 1998. On Monday, August 24, 1998.Joanne Land certified to the sufficiency of the petition and sent by registered mail a copy of the certification to each committee member. There were a total of 1,773 names on the petition of which more than 400 were certified as being qualified voters. 318 signatures of qualified voters were needed in order for the petition to be certified. According to the City Charter the next step of the process is to present the certification to the Council which Ms. Land did. • 7.C.1. Consider a presentation on the Government Finance Officers Association Distinguished Budget Presentation Award for the 1998 Operating Budget. Staff Resource Person: Jerry Galloway,,Assistant Finance Director. A panel of reviewers of the Government Finance Officers Association completed it's examination of the City's current fiscal year budget document. The panel voted to award the document the Distinguished Budget Presentation Award for the current fiscal year only. This award is the highest that an organization can receive 76 August 27, 1998 and reflects the continued committment of the Council and the staff to meeting the high standards of reporting. This marks the 5th consecutive year the City has received the award. Statewide only 7% of cities receive the award and nationwide it's less than 2%. This achievement represents a multi-year combined effort by all the City departments, especially the Finance Department, for the significant time and effort in the development of the document. The • Finance Department staff consist of Cindy Demers, Elaine Wilson, Lynn Olsen, Becky Martinez, Theresa Potts, Margie Lopez,Denise Vasseur, Judy Morris, Jerry Galloway, and David Kautz. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan and as a communications device. Mayor Pro-tem Stluka thanked the Finance Department for all the work they do and appreciate the extent they go through to get this award. 7.D.1. Consider a presentation concerning the Clay Madsen Recreation Center. Mayor Pro-tem Stluka dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and delayed this item until Mr. Spencer's arrival. The following items were addressed. • PUBLIC HEARINGS: None ORDINANCES: 9.A.L Consider an ordinance calling an election for November 3 1998 to consider an ordinance approving the expenditure of Hotel Occupancy Tax for a multi-purpose facility/baseball stadium. (First Reading) Staff Resource Person: Joanne Land, Assistant City Manager. Steve Sheets made the staff presentation. He said the petition was certified as having sufficient signatures. Under the Charter the Council can either adopt the ordinance as proposed by the petitioners or put it forward for an election to the voters. The ordinance will not have any affect if the Council adopts the ordinance. The only way for it to have an affect is for it to go to • an election and have the voters approve the ordinance. This ordinance calls the election for November 3, 1998 which is the General Election date for the State of Texas. It will be on the General Election ballot if approved by the Council. The ordinance contains the early voting dates locations and judges. The wording for Proposition No. 1 is as follows. PROPOSITION NO. 1 5 5 ' Y 77 PROPOSED INITIATIVE ORDINANCE ORDINANCE APPROVING THE EXPENDITURE OF HOTEL OCCUPANCY TAX FOR A MULTI-PURPOSE FACILITY / BASEBALL STADIUM. "FOR THE ORDINANCE" () "AGAINST THE ORDINANCE" () • Councilman Hairston asked, "What instrument does the Council use to establish the budget for the expenditure?" Mr. Sheets said it was up to the discretion of the Council. Councilman Hairston added, "Certain items on a ballot state the amount of money for the ` proposed project. This one doesn't. It just authorizes whether the voters will or will not decide on what they want to spend the Hotel Tax for." Mayor Pro-tem Stluka responded that the Council reviews the budget for the expenditure of the Hotel/Motel Occupancy Tax and what it is dedicated to. Since this is not a bond issue there is not a dollar amount that would normally be related to the ballot language. In response to Councilman Joseph's request, Mr. Sheets outlined Sections 2 and 3 of the proposed ordinance. • Councilman Hairston said, "This is a good petition because it will allow the people to vote on an issue that many different parties feel strongly about. So I am going to support it and get it on the ballot, because I want to see people turn out and finally let the Council know what we want to do with respect to a Double A Team. My concern was that normally when you are expending funds with such a project of this sort, of this magnitude, that normally there is a dollar amount. Normally, I have seen a stated amount. We've had a budget that we have been discussing in the construction of the stadium and we have also taken into consideration what it will take for the road in that area which could be directly or indirectly tied into the stadium. So that is my concern,just the actual budget." Mayor Pro-tem Stluka said, "The first petition spoke very specifically about whether or not there should be an ordinance that would initiate a process for people to vote on such activity • as spending Hotel Occupancy Tax. That first petition also spoke to the fact that if there was an ordinance that the voter would come to vote whether or not to expend Hotel Occupancy Tax and the second petition said the same thing. That is all we are seeking to do right now is get the public's approval. Are we allowed to expend Hotel Occupancy Tax on the construction'of a baseball stadium or multi-sports facility. If the ordinance is approved then the Council can expend the money then there are several steps the Council will have to go through to issue the 78 August 27, 1998 bonds and it would be a process through which those dollar amounts will come back to the Council and we then vote on what is appropriate dollar wise for these expenditures as the constructionP roceeds. Mayor Pro-tem Stluka read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE CALLING A SPECIAL ELECTION ON THE INITIATIVE ORDINANCE PROPOSED BY CHARLES H. FISHBECK, GAIL HESTER, DANNY R. THOMPSON, MIKE HEILIGENSTEIN, NICOLE RYAN, AARON HEES, PATRICIA M. KAUTZ, JOSEPH EDWARDS LEHANE, TAMAKO URBANSKI, MIKE ROBINSON, JOHN S. MOMAN, FRED D. NETTLE, MARK E. GOLD, A. WILLIAM WAELTZ, CLARENCE J. KELLERMAN, T. NYLE MAXWELL, ERNEST E. GORDON, JOHN J. MANBECK, JR., TERRY HUTCHENS, ROD MORGAN, BOBBY EARL BITNER, JR., FRANKLIN BAKER, CHARLES CULPEPPER, JUDY L. McLEOD, REID RYAN, THOMAS C. NIELSON, ERIK A. ULLAND, CAROLYN NIELSON, 'PHIL BREWER, GLENN KING, JOYCE A. KING, CLAIRE WOLFF,KEITH A. HICKMAN, MARY A. KUBACAK, AND WHITNEY TURNER, SAID INITIATIVE ORDINANCE APPROVING THE EXPENDITURE OF HOTEL OCCUPANCY TAX FOR A MULTI-PURPOSE FACILITY/BASEBALL STADIUM. MOTION: Councilman Stewart moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer • Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper 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 Hairston seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None • Absent: Mayor Culpepper ACTION: The motion carried unanimously. 9.A.2. Consider an ordinance calling an election for November 3, 1998 to amend the City Charter by(1)restructuring the current system of City government,• and 2, amending the minimum requirement for the number of signers on a petition for recall (First Reading) Staff Resource Person: Joanne Land, Assistant City Manager. Steve Sheets made the staff presentation. This petition has been brought forward by the citizens and has been certified as 7 79 August 27, Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper ACTION: The motion carried unanimously. 9. .2. Consider an ordinance calling an election for November 3 1998 to amend the • Ci1y Charter 1 restructuring the currents stem of Ci1y government; and 2 amending the minimum re ui ment for the number of signers on a petition for recall. irst Reading) Staff Resource Person: anne Land,Assistant City Manager. Steve Sheets made the staff presentation. This pets 'on has been brought forward by the citizens and has been certified as sufficient by Joanne Lan e uires the Council to set the Charter amendment for an election. This petition provides for, as ' s,restructuring of the City government and requiring single- member districts. It is subject to e V ting Rights Act, specifically, Sections 2 and Section 5 which requires the petition to be su fitted to the Justice Department for preclearance and approval. A lot of constitutional issues be addressed concerning the fairness and constitutional mandate of one person-on te. I reviewing the petition and Charter amendments to the petition, the City Attorne 's ffice realized that this was going to be a complex issue that was going to take a lot o stu equired expertise. In conjunction with the City Manager, Mr. Sheets checked with the Tex s cipal League, other City Attorney's across the State and other attorneys that are involved " cal government to find out who in the State was considered the imminent expert on Single mem tricts. The response Mr. Sheets received each time was Bickerstaff,Heath, Smiley,Po ever&McDaniel L.L.P. and Robert Heath as their expert. Robert Heath agreed to study th posa of single member districts in an objective manner and inform the Council on some o al issues. Mayor Pro-tem Stluka noted that Mr. Heath will provide rtise counsel in terms of all the issues involved and was not here to promote any one particular n on the Council's part. • Mr. Heath outlined some of the major issues. Those were: Basic RedistrictingIssues 1. Section 2 of the Voting Rights Act 42 USC §1973 -Avoid diluting minority voting strength _ /1 2. Section 5 of the Voting Rights Act 42 USC § 1973c -Avoid retrogression in minority voting strength 80 August 27, 1998 sufficient by Joanne Land. It requires the Council to set the Charter amendment for an election. This petition provides for, as it states, restructuring of the City government and requiring single- member districts. It is subject to the Voting Rights Act, specifically, Sections 2 and Section 5 which requires the petition to be submitted to the Justice Department for preclearance and approval. A lot of constitutional issues need to be addressed concerning the fairness and • constitutional mandate of one person-one vote. In reviewing the petition and Charter amendments to the petition, the City Attorney's office realized that this was going to be a complex issue that was going to take a lot of study that required expertise. In conjunction with the City Manager,Mr. Sheets checked with the Texas Municipal League, other City Attorney's across the State and other attorneys that are involved in local government to find out who in the State was considered the imminent expert on Single member Districts. The response Mr. Sheets received each time was Bickerstaff,Heath, Smiley, Pollan, Kever&McDaniel L.L.P. and Robert Heath as their expert. Robert Heath agreed to study the proposal of single member districts in an objective manner and inform the Council on some of the legal issues. Mayor Pro-tem Stluka noted that Mr. Heath will provide some expertise counsel in terms of all the issues involved and was not here to promote any one particular decision on the Council's part. Mr. Heath outlined some of the major issues. Those were: Basic Redistricting Issues 1. Section 2 of the Voting Rights Act 42 USC §1973 -Avoid diluting minority voting strength 2. Section 5 of the Voting Rights Act 42 USC § 1973c -Avoid retrogression in minority voting strength -All changes must be precleared 3. Shaw v Reno -Avoid race-based decision making • 4. One person- one vote -Draw districts with relatively equal population 5. State law/general Section 5 81 August 27, 1998 1. Special election date will need to be"precleared"by Department of Justice or by Three- Judge District Court in the District of Columbia. 2. The change to a single member system,the boundaries.of the districts,the expansion of the Council, and the change in terms will also need to be precleared. • 3. If the Department of Justice option is chosen, as is normally the case, it generally takes 60 days to get an answer. The Attorney General can expand the answer period by an additional 60 days by asking for additional information. 4. The issue before the Department of Justice is whether the plan has the purpose or effect of discriminating against racial or language minority groups. For the purpose of Section 5, discriminatory effect is measured by a retrogression standard. One Person- One Vote • Districts must be of relatively equal size • Districts are drawn on the basis of population • For this type of district, a total deviation of less than 10%is presumptively valid. • A plan with a total deviation of more than 10%is presumptively invalid. • The decennial census is almost always used to measure one person-one vote issues and is presumptively valid. • It is possible to use non-census data,but a jurisdiction has a heavy burden of demonstrating the accuracy of the numbers. The numbers must be developed in a systematic,not an ad hoc basis. They must be clear, cogent, and convincing. They must display a high degree of accuracy. Determining Total Deviation Assume a jurisdiction with 400 persons and 4 single-member districts: Ideal District Size: Total Population - 400 = 100 Number of Districts - 4 District Persons Deviation • 1 103 +3.0% 2 102 +2.0% 3 100 0.0% 4 95 -5.0% Deviation Under the 1990 Census District 1 5,701 30.4% District 2 3,628 -17.0% District 3 6,928 58.4% District 4 1,330 -69.6% District 5 5,288 20.9% 82 August 27, 1998 District 6 1,933 -55.8% District 7 5,806 32.8% Total Population: 30,614 Ideal District Size: 4,373 Overall Deviation: 128% Source: City Planning Staff-Based on 1990 Census. Deviation Under the 1997 Estimates • (Traffic Serial Zones) District 1 6,913 -0.5% District 2 5,754 -17.2% District 3 8,205 18.1% District 4 9,160 31.8% District 5 8,679 24.9% District 6 3,766 -45.8% District 7 6,165 -11.3% Total Population: 48,461 Ideal District Size: 6,949 Overall Deviation: 77.6% Source: City Planning Staff- Based on ATS traffic signal serial zone population estimates. Deviation Under the 1998 Estimates (Housing Stock) District 1 6,662 -7.01% District 2 6,237 -12.94% District 3 7,757 8.28% District 4 7,538 5.22% District 5 8,130 13.48% District 6 6,464 -9.77% District 7 7,359 2.73% Total Population: 50,147 Ideal District Size: 7,164 Overall Deviation: 26.4% Source: Housing Units from petitioners' press release and average household size from City Staff. Caution: Housing stock numbers have not be verified and appear to include housing units that are not now completed and occupied. Combination of All 3 Methods • 1990 Census 1997 Estimates 1998 Estimates (Traffic Zones) (Housing Stocks) District 1 30.4% -0.5% -7.01% District 2 -17.0% -17.2% -12.94% District 3 58.4% 18.1% 8.28% District 4 -69.6% 31.8% 5.22% District 5 20.9% . 24.9% 13.48% District 6 -55.8% -45.8% -9.77% District 7 32.8% =11.3% 2.73% t 83 August 27, 1998 Overall Deviation: 128% 77.6% 26.4% Conclusions From Population Analysis • The districts are grossly out of balance under the 1990 Census. • The districts are significantly out of balance under the 1997/1998 estimates. • • The districts would be subject to a lawsuit claiming the plan violated the one person-one vote guarantees of the constitution. With the deviations shown on any of the three analyses the districts would almost certainly be found to be unconstitutional. • The difference in the 1997/1998 estimates underscores the difficulty in estimating post- censal population in a manner that is sufficiently accurate to overcome the presumption of correctness enjoyed by the census. • The difference in the estimates also accentuates one reason why the Department of Justice has a very hard time dealing with non-census based plans when it reviews them under Section 5. Structural Issues Affecting Deviation of Future Plans Section 3.05(c)(3)would require districts to have no more than 16% and no less than 12% of the • city's population. This produces a potential deviation range of 28%-far above the 10%total deviation range that is acceptable. Deviation Smallest Possible District: 12% -16% Ideal District Size: 14.286% of City population Biggest possible District: 16% 12° Total Deviation: 28% Structural Issues Affecting When New Plans Become Effective 0 Section 3.05(a)requires district boundaries must be adjusted within two months after: (a) receipt of the census, • (b) annexation of a heavily populated area, or (c) a determination that a single district is significantly overpopulated(about 140% of the ideal district size). 0 It is possible to redistrict in two months,but it is an aggressive schedule. Since Section 276.006 of the election code requires a five month period between the adoption of a 84 August 27, 1998 redistricting plan and the election at which it is used,the early adoption of a redistricting plan will generally not operate to permit an early election. Summary 1. Round Rock may choose to have a single-member district election system. The law neither requires the City to keep the existing at-large system nor requires it to adopt • single-member districts. 2. Although time has not permitted a full analysis of all voting rights issues,we do not anticipate that the proposed plan would violate the Voting Rights Act. 3. The proposed plan is out-of-balance under one person-one vote principles and would almost certainly be found to be unconstitutional. 4. The proposed charter amendment creates a system that contains structural problems. - The amendment authorizes a 28 percent population deviation which is almost three times what a court would permit. - The amendment requires use of current population estimates which are very difficult to defend either in court or in the Department of Justice. - The amendment provides a very short redistricting process which reduces the • opportunity for public input,yet does not permit the redistricting plan to be implemented any sooner than a process that afforded substantial opportunities for public participation. Mr. Sheets outlined several maps that depicted the districts as described in the proposed Charter amendment. He noted there was a map that was provided with the petitioners submission but the map itself was not part of the proposed Charter amendment. The proposed Charter amendment contained specific language which attempts to define or set out by descriptive purposes an outline of the districts. He described some potential problems with the map and possible legal issues with respect with the way the districts are drawn out. Mr. Sheets outlined areas of the proposed Charter amendment that were not consistent with areas of the City's • Charter. Mayor Pro-tem Stluka said the Council has been presented with a petition that calls for restructuring the current government and single member districts and that is what the Council has to take to the voters. Mr. Heath responded in the affirmative. .`: 85 August 27, 1998 Mayor Pro-tem Stluka asked what the process would be if the ordinance is approved by the voters. He asked if the Justice Department upon their approval draws the lines for the districts. Mr. Heath said the City submits the Charter amendment to the Department of Justice and they will need various information. They receive it and have 60 days in which to impose an • objection. If they don't do anything within 60 days then it's approved. They always do something within 60 days. They do not deliberately go beyond the 60"'day. They will say yes or no. They may ask for additional information in which case there is another 60 days. That is the maximum time period for consideration. They will look and determine if the proposed changes have the purpose or effect of discriminating. If there is an unbalance in one person-one vote that is not something that necessarily will cause the Department of Justice to object because that is not an issue that is within their authority. They don't look at it to give it a blessing under the 14"' Amendment of the Constitution which is the authority of one person-one vote. If they approve it, then the Council is able to implement the plan. A new Council election cannot be held until they approve the Charter provision. Councilman Joseph asked if they don't approve it and return it as not acceptable what is the next step. Mr. Heath said it depends on what they don't approve. If it's the lines of the districts then it is returned for the Council to draw the lines and submit because the Department of Justice does not draw lines. Councilman Hairston said, "So the Department of Justice is going to be concerned with the 14"Amendment."Mr. Heath said they are going to be concerned with Section 5 of the Voting Rights Act. They are not concerned with the one person-one vote aspect of the 141' Amendment. Councilman Hairston asked, "Who would be concerned with the constitutionality other than a resident of Round Rock that may challenge it?"Mr. Heath said no one other than a resident of Round Rock and it would need to be a resident who resides in a district that is larger than the ideal district size rather than someone in a small district. Councilman Hairston asked • what is the cure for instance the typos or clarifies language. Mr. Sheets said that would be the responsibility of the Charter Review Commission. Councilman Joseph added that if it does pass and somebody decides to challenge it, it could be tied up in court 2 to 4 years, then could the elections still be held. Mr. Heath said it depends on the court but a challenge on constitutionality is not a complicated case. It is pretty open and shut. r ss August 27, 1998 Mr. Sheets said the Council has no discretion at this point. Once the petition is filed and it is certified under Chapter 9 of the Local Government Code, the Council must either call an election or the court will order the Council to do so. Councilman Hairston said Councilman Stewart pointed out that we are dealing with a potential unconstitutionality issue. Does the Department of Justice look at what was passed and • do they dissect it. How do they cure it?Mr. Heath said the Department of Justice, if they object, will advise the City of what portion they object to. As far as the unconstitutionality of it, that typically is not something they look at under Section 5. Councilman Hairston asked if rejection in the past has been partial or total. Mr. Heath said they can object to the whole plan but they will tell you what they object to. Councilman Hairston asked if the Council could not touch the plan before the election can they touch it after the election?Mr. Sheets responded that the Council cannot amend a Charter. It takes the vote of the citizens to amend the Charter. Mayor Pro-tem Stluka thanked Mr. Heath for the information he provided. Mr. Sheets noted that the ordinance before the Council calls an election on November 3rd, lists the early voting dates, locations and judges. The ballot language is as follows: PROPOSITION NO. 2 PROPOSED CHARTER AMENDMENT AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS RESTRUCTURING THE CURRENT SYSTEM OF CITY GOVERNMENT BY (1) ABOLISHING THE CURRENT SYSTEM OF ELECTING COUNCIL MEMBERS AT LARGE, AND INSTEAD REQUIRING THE ELECTION OF COUNCIL MEMBERS BY DISTRICT; (2) CREATING AN ADDITIONAL ELECTIVE OFFICE OF MAYOR PRO-TEM, AND REQUIRING A SPECIAL ELECTION TO FILL SAME; (3) CREATING AN ADDITIONAL ELECTIVE OFFICE, THAT BEING A SEVENTH COUNCIL MEMBER, AND REQUIRING A SPECIAL ELECTION TO FILL SAME; (4) ! FIXING BOUNDARIES FOR DISTRICTS . FROM WHICH COUNCIL MEMBERS WILL BE ELECTED; (5) ORDERING WHEN AND HOW DISTRICT BOUNDARIES SHALL BE CHANGED IN FUTURE; (6) CHANGING THE MINIMUM REQUIREMENT FOR NUMBER OF SIGNERS ON A PETITION FOR RECALL; AND (7) CONFORMING ALL AFFECTED SECTIONS IN THE CURRENT CHARTER TO REFLECT THIS PROPOSED RESTRUCTURING OF THE CITY COUNCIL. • Shall the above described Charter Amendment be adopted? Yes () No O Councilwoman Chavez asked what the cost of the previous elections and this election will be. Ms. Land responded that normally the May election cost approximately$7,000. This election is estimated to cost a little over$17,000 because of the additional polling places,judges, 87 August 27, 1998 clerks because we are using the County precincts. The printing cost of the ballot will be more because it will be a two sided ballot. Mayor Pro-tem Stluka asked if the difference between$7,000 and$17,000 is not necessarily due to the City's particular proposed amendment?Ms. Land said no it wasn't. • Mayor Pro-tem Stluka read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE CALLING A SPECIAL ELECTION FOR SUBMISSION TO THE VOTERS OF A CERTAIN PROPOSED AMENDMENT TO THE HOME RULE CHARTER FOR THE CITY OF ROUND ROCK, TEXAS. MOTION: Councilman Stewart moved rto adopt the ordinance. Councilman Hairston seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper ACTION: The motion carried unanimously. MOTION: Councilman Hairston 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper ACTION: The motion carried unanimously. 7.D.1. Consider a presentation concerning the Clay Madsen Recreation Center. Staff Resource Person: Sharon Prete, Parks and Recreation Director. Bo Spencer presented a revised • rendition of the Recreation Center. The revised design incorporated the use of splitface concrete masonry units with an emphasis on the material. A shaded ban near the ground of a different color concrete masonry unit is proposed all of which will be predominately splitface. The upper portion will be the limestone color of the splitface. The drawing in general terms is the proposed scheme for the building. Mr. Spencer briefly outlined the schedule for the Recreation Center. 88 August 27, 1998 Councilman Stewart asked if a tin roof was being proposed. Mr. Spencer said the seam metal roof and whether it's refinished or galvanized is et to be proposal is for a standing p g y decided. Councilman Hairston asked about the maintenance and construction cost. Mr. Spencer said the final design development cost is expected this week but feels it is still within the budget • that was approved by the Council. He added that the design has a very good maintenance value and is better than the limestone veneer. It virtually has a maintenance free exterior. Mr. Spencer also explained why the bidding process for the construction of the Center was delayed until the beginning of next year. Councilman Joseph asked if the opening in the foyer was still in the design to let in the natural light. Mr. Spencer said it did. V 9.B.1. Consider an ordinance adopting_Amendment No. 2 of the 1997-1998 Operating Budget. ,Second Readinel Staff Resource Person: Jerry Galloway, Assistant Finance. The first reading of the ordinance was approved on August 13, 1998 and there have been no changes since the first reading of the ordinance. Mayor Pro-tem Stluka read the caption of the ordinance. • ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO. 2 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 1997-98. MOTION: Councilman Palmer moved to adopt the ordinance. Councilman Joseph seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper ACTION: The motion carried unanimously. 9.C.1. Consider an ordinance adopting the Stonewater Development Agreement (Second Reading) Staff Resource Person: Charlie Crossfield, City Attorney's Office. The first reading of the ordinance was approved on August 13, 1998. The only change to the document is on page 5 the word ordinance was changed to resolution which is pursuant to statute because the Council will be asked to approve a resolution consenting to the Municipal Utility District as opposed to an ordinance. 89 August 27, 1998 Mayor Pro-tem Stluka read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, DESIGNATING A DISTRICT UNDER SECTION 42.044 TEXAS LOCAL GOVERNMENT CODE; AUTHORIZING AND APPROVING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH THE OWNERS OF LAND WITHIN THE DISTRICT; PROVIDING TERMS AND CONDITIONS; • PROVIDING AN EFFECTIVE DATE; AND WAIVING NOTICE AND PROCEDURAL REQUIREMENTS ALONG WITH WAIVING CERTAIN SUBSTANTIVE ORDINANCE REQUIREMENTS. MOTION: Councilman Stewart moved to adopt the ordinance. Councilman Joseph seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper ACTION: The motion carried unanimously. 9.D.1. Consider an ordinance setting the date, time and place for a public hearing concerning the annexation of 40 acres of land out of the J.M. Harrell Survey, Abstract 284 and • repealing Ordinance G-98-07-23-9A2. (Kouri Tract) (First Reading) Staff Resource Person: Joe Vining,Planning Director. This item was previously brought forward but due to a computer malfunction the notice was not published so the process needs to begin again. The first public hearing will be held on Tuesday, September 22, 1998, and the second public hearing will be held at the regular Council meeting on September 24, 1998. The second reading of this ordinance may be dispensed with the unanimous consent of the Council. Applicant: Tom Kouri. Agent: William S. Smalling. Mayor Pro-tem Stluka read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. G-98-07-23-9A2; AND SETTING A DATE AND TIME FOR TWO PUBLIC HEARINGS TO BE HELD IN THE CITY COUNCIL • CHAMBERS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF ROUND ROCK, TEXAS, TO WIT: 40 ACRES OF LAND OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, WILLIAMSON COUNTY; 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 Hairston Councilman Stewart 90 August 27, 1998 Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper 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: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper ACTION: The motion carried unanimously. RESOLUTIONS: 10.A.1. Consider a resolution granting the consent of the City of Round Rock Texas, to the creation of Williamson County Municipal Utility Districts Nos 10 and 11 within the City's extraterritorial jurisdiction. Staff Resource Person: Charlie Crossfield, City Attorney's Office. This is Exhibit F to the Development Agreement where the City has agreed to the consent to the creation of the two MUD's. Mayor Pro-tem Stluka read the following resolution. RESOLUTION NO. A RESOLUTION GRANTING THE CONSENT OF THE CITY OF ROUND ROCK, TEXAS, TO THE CREATION OF WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICTS NOS. 10 AND 11 WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION. WHEREAS,the City of Round Rock received a Petition for Consent to the Creation of(i) a MUNICIPAL UTILITY DISTRICT (to be known as Williamson County Municipal Utility District No. 10) for 447.561 acres located in the City's extraterritorial jurisdiction, a copy of which petition is attached as Exhibit F-1 and (ii) a MUNICIPAL UTILITY DISTRICT (to be known as Williamson County Municipal Utility District No. 11) for 447.800 acres located in the City's extraterritorial jurisdiction, a copy of which petition is attached as Exhibit F-2; and WHEREAS, Section 54.016 of the Texas Water Code and Section 42.042 of the Local • Government Code provide that land within a city's extraterritorial jurisdiction may not be included within a district without the city's written consent;NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That the City Council of the City of Round Rock, Texas, gives its written consent to (i) the creation of Williamson-County Municipal Utility District No. 10 on 447.561 acres of land, as described in the attached petition and the consent conditions attached thereto, and(ii) the creation of Williamson County Municipal Utility District No. 11 on 447.800 acres of land, as described in the petition and the consent conditions attached thereto. PASSED AND APPROVED on the 27th day of August, 1998. CHARLES CULPEPPER,Mayor 91 August 27, 1998 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: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper ACTION: The motion carried unanimously. Jim Powell of Newland thanked the Council and staff for the support that gave for his development. Councilman Hairston thanked Mr. Powell for all the information he supplied. He added Mr. Powell answered a lot of hard questions regarding the water and water reuse issues and information that was requested was readily available. Councilman Hairston noted his • appreciation of the work Mr. Powell's staff did with the school district concerning the elementary school and the efforts of Mr. Powell setting aside additional land for potential schools that may be built in the subdivision. He concluded that Mr. Powell made it easy to approve a subdivision and a Municipal Utility District making him a good corporate neighbor. 10.B.1. Consider a resolution authorizing the Mayor to execute an interlocal governmental agreement between Williamson County and the City for election services relative to the November 3, 1998 election. Staff Resource Person: Joanne Land, Assistant City Manager. This agreement outlines the responsibilities of the Williamson County Elections Administrator and the City for the November 3, 1998 election. Mayor Pro-tem Stluka read the following resolution. RESOLUTION NO. • WHEREAS, the City of Round Rock wishes to enter into a contract with the Williamson County Elections Administrator to administer the November 3, 1998 election, and WHEREAS, the Williamson County Elections Administrator has submitted a proposed Election Services Contract("Contract")to administer the November 3, 1998 election, and WHEREAS, the City Council desires to approve this contract with Williamson County, 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 the Election Services Contract with the Williamson County Elections Administrator to administer the November 3, 1998 election, a copy of said Contract being attached hereto and incorporated herein for all purposes. 92 August 27, 1998 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 27th day of August, 1998. CHARLES C PEPPE UL R,Mayor ATTEST: City of Round Rock, Texas • JOANNE LAND, City Secretary MOTION: Councilman Palmer moved to approve the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper Councilman Joseph was out of the room when the vote was taken. ACTION: The motion carried unanimously. 10.C.1. Consider a resolution adopting the 1998 Child Safety Fines Budget.. Staff Resource Person: Jim Nuse, Public Works Director. There is a statute which designates that all • revenues that are received from school zone offenses be placed in a special account to be used for school zone improvements. The account has a current balance of$12,000. Staff proposed that $10,000 be allocated for the replacement of four (4) current school zone signs with four (4) school zone flashing lights. The school zone flashing lights will be place Bluebonnet Elementary School and Round Rock High School. Staff also proposed that a $1,500 contingency fund for routine replacement and/or repair of existing school zone improvements leaving a balance of $500. It is staff's goal to replace all current school zone signs with flashing lights. Councilwoman Chavez asked if this was the last time the City will be able to utilize funds from the Child Safety Fines because the State Legislature is proposing to eliminate this provision for cities. Mr. Nuse said that was correct, the option will no longer available. Ms. Land added • that the Texas Municipal League will work toward getting this provision reinstated during the Legislature Session. Mayor Pro-tem Stluka read the following resolution. RESOLUTION NO. WHEREAS, the Council wishes to adopt a 1998 budget for the expenditure of child safety fines in accordance with the attached proposal,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, x r`s 93 August 27, 1998 That the 1998 budget for the expenditure of child safety fines be adopted as set forth in Exhibit "A" attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 27th day of August, 1998. • 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper ACTION: The motion carried unanimously. • 10.C.2. Consider a resolution authorizing the Mayor to execute an additional services authorization to the engineering services ageement with Baker-Aicklen & Associates, Inc for the Lee Summit Street project. Staff Resource Person: Jim Nuse, Public Works Director. Staff met with the adjacent neighborhood to inform them of the proposed project and to receive input. The residents expressed concerns about the design and function of the bridge. The main objections were that the bridge was going to be too wide, have sidewalks on both sides, the proposed road improvements would encourage additional and faster traffic, and be an eye sore. Staff contracted with a landscape architect to provide a concept design of the area incorporating the input from the neighborhood. The driving surface will.be reduced from 30 feet to 22 feet wide. This will naturally slow the traffic as they cross the bridge. The sidewalk.on the eastside of the bridge will be eliminated to reduce foot traffic onto private property on the northeast side. The revised schematic was approved by the neighborhood. This authorization for additional services for certain design changes of the project, based on neighborhood input, is for $4,000.00 which makes the current total amount for engineering services on this project $148,715.00. Councilman Palmer said the schematic illustrated railings on each side of the bridge. He asked how debris will be prevented from getting caught in the railings. Mr. Nuse said that staff is 94 August 27, 1998 reviewing two options instead of the railings. One is a cable system that will break away in the onset of storm damage and it can be easily cleaned. The other option is the installation of stout posts with 4"by 4"wood posts in between the stout posts that can break under a large amount of water. Mayor Pro-tem Stluka read the following resolution. • RESOLUTION NO. WHEREAS, the City of Round Rock previously entered into an agreement for engineering services ("Agreement")with Baker-Aicklen&Associates, Inc. for the Lee Street and Summit Street Road Improvements project, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted an Additional Services Authorization to the Agreement to provide for the re-design of certain aspects of the project based on neighborhood input, and WHEREAS, the City Council desires to approve said Authorization with Baker-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 Additional Services Authorization with Baker-Aicklen & Associates, Inc., to provide for the re- design of certain aspects of the project based on neighborhood input, a copy of said Authorization being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. • RESOLVED this 27th day of August, 1998. 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: Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper Councilman Hairston was out of the room when the vote was taken. • ACTION: The motion carried unanimously. 10.C.3. Consider a resolution authorizing the Mayor to execute Contract Change Order No. 3 to Bay Maintenance Company, Inc. for the Mesa Ridge Channel Improvement Project Staff Resource Person: Jim Nuse, Public Works Director. This change order, in the amount of $748.00, provides for the adjustment of the final quantities and makes the final contract amount $46,880.20. The project is complete and functioning along very well. '4 . . 9.5 August 27, 1998 Mayor Pro-tem Stluka read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Bay Maintenance Co.,Inc. for the Mesa Ridge Channel Improvements, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 3,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 Contract Change Order No. 3 to the Contract with Bay Maintenance Co., Inc. For the Mesa Ridge Channel Improvements. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 27th day of August, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper ACTION: The motion carried unanimously. 10.C.4. Consider a resolution authorizing the Mayor to enter into an agreement with HDR Engineering, Inc. for preliminary study of north-south water transmission main, on west side of Round Rock. Staff Resource Person: Jim Nuse,Public Works Director. Mayor Pro-tem Stluka disclosed that he has a business arrangement with HDR Engineering outside any business with the City. Mr.Nuse noted that a presentation was made at the last Council meeting which illustrated • the need for the transmission improvements. HDR is the firm that has done the water model for the City and is currently working on the Water System Improvements Project that is underway for the three water tanks. HDR is the firm that is the most qualified to do this work. The purpose of this study is to evaluate the feasibility of delivering water more efficiently to the Chisholm Valley standpipe. The engineering fee is $20,700.00. 96 August 27, 1998 Councilman Palmer asked if the transmission will be able to move water to the eastside of the City. Mr. Nuse said it will. There are two sides on the transmission main one on each side of the Interstate. The one on the west side of the Interstate is the most critical. This study will enable staff how to make these connections and to know exactly how the different components go through the system. • In response to Councilman Hairston's request, Mr. Nuse explained how this project would deliver water efficiently to the Chisholm Valley Standpipe. Mayor Pro-tem Stluka read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for a preliminary study of north-south water transmission on the west side of Round Rock, and WHEREAS, HDR Engineering Inc. has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with HDR Engineering 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 HDR Engineering Inc., for a preliminary study of north-south water transmission on the west side of Round Rock, a copy of said contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 27th day of August, 1998. CHARLES CULPEPPER' Mayor ATTEST: City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None • Absent: Mayor Culpepper ACTION: The motion carried unanimously. 10.D.1. Consider a resolution authorizing the Mayor to execute a lease/purchase financing program agreement for City equipment with Koch Financial Corporation. Staff Resource Person: Jerry Galloway, Assistant Finance Director. Each year the City acquires a portion of its heavy equipment and rolling stock through a tax-exempt leasing program. The 97 August 27, 1998 recommended financing program for the current fiscal year totals $250,000, financed at an effective interest rate of 4.91%,has a three year payback.. This year the financing is meant to provide reimbursement for seven(7) fully equipped Police car interceptors at$185,000 and a John Deer backhoe for the Street Department at$65,000 for a total of$250,000. • Mayor Pro-tem Stluka 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, Koch Financial Corp. 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 Koch Financial Corp., 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, subject to the City Manager's and City Attorney's approval of the final language and terms, a financing program agreement with Koch Financial Corp., to lease/purchase various equipment, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 27th day of August, 1998. • 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper ACTION: The motion carried unanimously. • 10.E.1. Consider a resolution authorizing the Mayor to appoint 5 members to a Local Law Enforcement Block Grant Advisory Board. Staff Resource Person: Police Captain Rick Thomas. The resolution authorizes the Mayor to appoint members to a Local Law Enforcement Block Grant Advisory Board in compliance with the U.S. Department of Justice requirements for the disbursement of$20,046 in grant funds awarded to the City. These funds will be directed to equipment, technology and other material directly related to basic law enforcement functions. 98 August 27, 1998 Members of the Board are clearly outlined in the Department of Justice requirements and must be from the Police Department, local Court, local prosecutor, local school district, and community volunteer organizations. Staff recommended that Rick Thomas,Police Department, Tracie Glaeser,Municipal Court, Cary Bovey,Prosecutors Office,Robert Carlin,Round Rock Independent School District, and Judy McLeod community volunteer be appointed to the Law Enforcement Block Grant Advisory Board. Mayor Pro-tem Stluka read the following resolution. RESOLUTION NO. WHEREAS, the U. S. Department of Justice has awarded grant funds to the City of Round Rock for various law enforcement projects, and WHEREAS, grant funds have been awarded through the Bureau of Justice Assistance's Office of Justice Programs for funds to procure equipment, technology and other material directly related to basic law enforcement functions, and WHEREAS, the City Council wishes to comply with federal requirements regarding the disbursement said grant funds,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to appoint members to a Local Law Enforcement Grant Advisory Board. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the • Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 27th day of August, 1998. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilwoman Chavez moved to approve the resolution. Councilman Joseph seconded the motion. VOTE: Ayes: Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper • ACTION: The motion carried unanimously. APPOINTMENTS: None DISBURSEMENTS: Mayor Pro-tem Stluka disclosed that he has a contractual arrangement with HDR Engineering. 5 � 4 99 August 27, 1998 12.1. Consider final payment of$6,276.70 to Bay Maintenance Company for the Mesa Ridge Channel Improvements. The current contract price is $46,880.20 and the project is funded from Regional Detention Funds. 12.2. Consider payment of $163,530.00 to Garney Construction for the alternate • waterline feed at the Water Plant. The current contract price is $181,700.00 and the project is funded from Water System Construction Funds. 12.3. Consider payment of $26.395.00 to HDR Engineering for Water System Improvements. The current contract price is $534,400.00 and the project is funded from Water System Construction Funds. 12.4. Consider final payment of$1,619.93 to T F Harper Construction Company for the Police Department Renovation. The current contract price is $787,168.38 and the project is funded from 1996 General Obligation Bonds. 12.5. Consider payment of $23,655.60 to RJN Group, Inc. for engineering services associated with the Sanitary Sewer Evaluation Study (SSES), The current contract price is $501,733.00 and the project is funded from Wastewater System Construction Funds. • 12.6. Consider payment of$48.364.28 to Rodriguez & Huggins, Inc. for en ing eering services associated with the Park Valley Drive roadway schematic. The current contract price is $126,239.92 and the project is funded from 1997 Certificates of Obligation. 12.7. Consider payment of$11,800.00 to Rust Environment & Infrastructure, Inc for engineering services associated with IH-35 turnarounds at FM1325 & Hester's Crossing. The current contract price is $328,000.00 and the project is funded by 1997 Certificates of Obligation. 12.8. Consider payment of$11.865.00 to Spencer Godfrey Architects for architectural services associated with the design of the Clay Madsen Recreation Center. The current contract price is $290,000.00 and the project is funded by 1996 General Obligation Bonds. • 12.9. Consider payment of $9,000.00 to Trident Underground Utilities, Inc for the Southeast PID 16"waterline. The current contract price is $340,119.20 and the project is funded by Water System Construction Funds. 12.10. Consider payment of$11,222.00 to Trinity EngineeringTesting CoMoration for geotechnical services associated with the multi-purpose stadium facility. The current contract 100 August 27, 1998 price is $11,222.00 and the project is funded by reimbursement from Hotel Occupancy Tax financing. This is the final payment under this contractual commitment. MOTION: Councilman Palmer moved to approve the disbursements. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Hairston • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper ACTION: The motion carried unanimously. NEW BUSINESS: None CITY MANAGER'S REPORT: Bob Bennett noted that Councilman Hairston brought up questions about the multi-purpose stadium that is under design. As of tonight the last disbursement was made on the project to Trinity Engineering Testing Corporation so as of now staff is spending no more money. The City's contracts have expired with HOK. Economic Resource Associates did an analysis for the City to see if the project was feasible, any spending to them has stopped. It's unfortunate that the termination of the spending occurred at the time it did because what we are on the verge of working on was the budget for the stadium so we can't tell you precisely what anything costs with that facility just now. If the electorate approves the election then the Council will come back and ask HOK to continue to work on the project. In the mean time we hope RSR Sports would pick that up but that remains to be seen. The Council will also give the go ahead to Economic Resource Associates to develop an Official Statement for the City. Most of you are aware of how the City goes into debt. We get an Official Statement, which is the "gut" of what we take to market. It tells the prospective purchaser of the paper what the likelihood of the City, through this particular means is of paying that paper back. In this case it would be a non-recourse debt issue that is to say the stadium lives or dies on the merits of revenue stream that comes from the Hotel/Motel Tax. The City Council will be engaged not • only in asking for the official statement to proceeds, another renewed contract with HOK, but also will be very much involved in what the stadium cost. There will be specific instructions given to First Southwest Company about how big the issue should be. There will be an ordinance passing whatever that issue is that paper will then hopefully be judged as to it's worthiness. We 101 August 27, 1998 hope this will be a reviewed credit by Moody's and Standard and Poors: There are going to be many opportunities for the Council to be engaged in the cost of this project. COUNCIL COMMENTS: Councilman Hairston thanked the City Manager and Mayor Pro-tem Stluka for explaining • the complicated process and basically coming up with a budget for this particular project. Councilman Hairston said he has received numerous phone calls from Round Rock residents complaining about what is called the "key rate" regarding the fire services that are offered in the area. Some of residents are receiving increases in their home insurance due to the rating of the City's Fire Department. Normally this would pertain to people who live outside the boundaries of the City because the State law changed but a couple of residents who called do live within the boundaries of Round Rock. Councilman Hairston said he spoke to the City Manager about the calls and urged any citizen that has a question concerning the key rate or increase of their fire insurance premiums to call the City Manager and he will be able to assist them in resolving that problem. Councilman Palmer thanked the Council and staff for their condolences on the passing of his sister. Councilwoman Chavez congratulated the Finance Department for receiving the distinguished award again this year. She also promised one of her students, Christy Brown, that she will say hello to her dad, Charles Brown, since he doesn't believe her teacher is really on the Council. She also wished her husband, Gus, an early Happy Birthday since his birthday is on the 28th of August. Councilman Joseph asked for an update on the Egger Acres Project. Mr. Nuse responded that paving was being completed in portions of the area and curbs in other areas. The project is ahead of schedule and is scheduled to be completed around Thanksgiving. Councilman Joseph asked how many months would the stadium be put behind the actual • schedule since construction costs are going up between 2 to 2-1/2 % a month. Mr. Bennett said if the electorate approves the ballot in November it should be back on schedule and out to bid in the early part of 1999 and really doesn't slow the project in any way. Mayor Pro-tem Stluka complemented Sharon Prete on the new Parks and Recreation Department brochure. He also reminded everyone that November 3rd is a statewide election. Early voting begins October 17th through Friday, October 30th. 102 August 27, 1998 EXECUTIVE SESSION: 16.A. Executive Session as authorized by §551.071 Government Code, related to pending litigation to wit: 1) Cause No 98-1151FM: Bandolier Corporation - d/b/a Reconstruction Specialties Co. vs. City of Round Rock;U.S. Bankruptcy Court. The Council entered into Executive Session at 9:35 p.m. and adjourned back into Regular • Session at 9:53 p.m. ADJOURNMENT: There being no further business, the meeting adjourned at 9:54 p.m. Res ectfully Submitted, Jo e Land, Assistant City Manager/ City Secretary • 103 September 10, 1998 The Round Rock City Council met in Regular Session on Thursday, September 10, 1998 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Charles Culpepper,Mayor Pro-tem Robert Stluka, Councilman Earl M. Hairston, 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 August 27 1998 MOTION: Councilman Joseph moved to approve the minutes as submitted. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • Mayor Culpepper dispensed with the order of the agenda with the unanimous consent of all the Councilmembers and addressed the following items. PROCLAMATIONS: 6.A. Consider a presentation proclaiming September 11, 1998 as 9-1-1 . Telecommunicators Day. Mayor Culpepper read the appropriate proclamation and presented it to Police Chief Kuhlmann. Mayor Culpepper read a proclamation recognizing Jimmy Siemers as Ambassador for Round Rock. Mr. Siemers led the United States to a second place finish at the Junior World Water-ski Championships in Dijon,France August 20-22. He took gold medals in Junior Men's Tricks, Jumping, and Overall and his final round Tricks score of 9,500 points is a pending U.S. Boys 3 national record. Mr. Siemers recently placed first in Canada and at the U.S.Nationals placing him at • the top of the list of juniors representing the United Stated at the World Championships. CITIZENS COMMUNICATIONS: John Gordon, 1007 Green Meadow, expressed his personal opinion of the City Attorney's interpretation of the boundary map that was submitted with the petition to create Single Member Districts. Mr. Gordon also disagreed with the presentation made by Robert Heath of Bickerstaff, Heath, Smiley, Pollan,Kever&McDaniel, L.L.P.,who was hired by the City to provide expert advise concerning redistricting matters. Some points that Mr. Gordon brought up were: the process is 104 September 10, 1998 constitutional; it's approved of by the State of Texas Constitution; election by districts is constitutional; there is no problem with the Voters Rights Act; Round Rock has no minority concentrations; the Justice Department will approve the plan; the District boundaries are valid and have no errors; the district populations are reasonable; the districts are formed by vote of the citizenry. Other criteria for districts are important. The current State Representative District 52 is over populated b 50% and the Federal courts do not find that a problem. The largest Districts • Y p g No 3 and 5 in this area support this proposal. The 1990 census is invalid. The survey conducted by the petition committee is the most valid survey of anybody's. Speedy redistricting is beneficial to the City and to the voters.No significant typing errors are in the proposal. The cost of an amendment election is less than$1,000. Mr. Gordon challenged Councilwoman Chavez and Councilman Stewart to a public debate on the reasons the City needs to go to districts. He asked everyone to vote yes for single members districts. Mike Sheppard, 2137 Green Oaks Drive, spoke in favor of the proposed amendment to the City Charter for single member districts. He said the proposed amendment to the City Charter will insure that all areas of the City will receive the necessary communication to see their needs and • concerns are met. It will also bring City government closer to all the citizens by having Single Member Council Districts and will increase citizen participation in local government. David Pruett, 1711 Amber Skyway, spoke in favor of single member districts for the City Council. Mark Landrum, 1710 Amber Skyway Cove, spoke in favor of single member districts. PRESENTATIONS: 7.A.1. Consider a presentation concerning the cost sharing agreement for the Chisholm Trail Drainage Improvements Project. Staff Resource Person: Jim Nuse, Public Works Director. A presentation was previously made to the Council concerning this item but since that time ownership of the property has changed. This project will involve the construction of the Stormwater System Improvement Cost Participation/Reimbursement Agreement for the Storm Sewer/Drainage for • Chisholm Trail. The Developer, at his sole cost and expense,will obtain all utility easements necessary for the completion of the Project,prepare the construction and specification plans,pay for all the costs associated with the design and construction of the Project including all engineering, surveying, and construction costs. Upon completion of the Project and acceptance by the City, the developer wishes to be reimbursed in a single lump sum payment of$78,144. In addition the City will waive any obligation on the part of the developer to pay any regional detention fees relating the 105 September 10, 1998 9.657-acre portion of the property. The developer will submit all construction plans and specifications for the project to the City for review and approval prior to the execution of a construction contract. This item will be brought back to the Council at a later date for action. 7A.2. Consider a presentation concerning the submittal of engineering service proposals for Chisholm Trail/FM 3406 intersection, Clark&Ledbetter Street,David Curry Drive, County Road • 122 improvements. Staff Resource Person: Jim Nuse,Public Works Director. A review committee from Public Works of Jim Nuse,Al Wille and Larry Madsen recommended the following engineers for street and drainage projects. These projects are to be funded by the second G.O. Bond issuance. Staff recommended that the Council allow Public Works to negotiate with the following engineers for the specific projects listed to establish scope of services needed and costs for these services. Randall Jones Engineering-David Curry Street Improvements at subdivision entrance off Sunrise Drive; S.D. Kallman, Inc. -Doublecreek Drive, Joyce Lane,Brenda Lane, and Lisa Rae Street Improvements, Clark and Ledbetter Street Improvements, Chisholm Trail North Street Improvements; Baker-Aicklen&Associates -County Road 122 right of way and engineering, Chisholm Trail intersection at 3406 Improvements. • 7.A.3. Consider a presentation concerning the South Mays Street Relocation Project. Staff Resource Person: Jim Nuse,Public Works Director.Tom Word,Traffic Engineer, gave a brief history of the area and explained how the traffic flow can be improved with the realignment. The Transportation Ma§ter Plan consultant conducted a mini study at staff's request. The area of study was south of the City that included all the commercial and retail areas between Gattis School Road and Louis Henna Boulevard and on the west side of the Interstate from south of the residential area south to FM1325. Staff also'asked the consultant what the potential number of trips would be at full built-out. This study identified that the existing number of trips that either originated in that area or ended in that area,but not counting those that were just driving through,was in the range of 75,000 trips a day. The full built-out number jumped to just fewer than 450,000 trips a day. He outlined the long-range plans and added that the.,need to alleviate the traffic was now. He noted that the City has • been in close contact with the residents in the area and who will be directly affected and are being kept fully informed. Mr. Word noted that a number of the residents have serious concerns about the project but they also understand why staff was considering the project. Councilman Hairston asked what concerns were expressed by the residents that will not be directly affected. Mr. Word said that issue of proximity to the new road,property values,noise and access were expressed. He added that staff would'try to address their concerns and work with the Al residents to make this the least intrusive'project possible. A 106 September 10, 1998 Mr.Word gave a visual presentation that described the proposed realignment ent of South Mays. He noted that staff proposes to contact the Texas Department of Transportation, since South Mays is a State Highway, and propose a partnershipProJect for the relocation of Mays south to Hester' s Crossing. South of Hester's Crossing it would be City street project and staff has contacted Dell about participating in the project. Councilman Palmer expressed his concerns with the traffic in • p that area and noted that the extension of South Mays to the Boardwalk Center will alleviate the traffic tremendously. Councilman Joseph asked about schedule of the project. Mr. Word said that since this would be a State project the time line is longer than normal. An environmental impact study needs to be conducted because of the right-of-way acquisition. The earliest that the City can formally make an offer to the homeowners is 8-12 months. He added it doesn't mean it's impossible to do an acquisition before that time but it would have to be declared an emergency or a hardship type purchase. There are certain guidelines that have to be met before the City can do that. 7.B.1. Consider a presentation by the Historic Preservation Commission on the annual report. Staff Resource Person: Joe Vining,Planning Director. Bob Brinkman, Chairman, Chairman of the Historic Preservation Commission(HPC) gave the following annual report. The HPC • increased the number of historic designations within the community and maintained a close watch over the historic integrity of historic overlay properties. Plans were approved for the construction, reconstruction, or alterations of 7 properties, 6 on Main Street and 1 on Liberty Street. The HPC inspected 54 structures for eligibility for tax abatement. Overall the condition of the historic properties is good and the structures are being well maintained. Three local citizens received the honorary Local Legend Award in February. They were Grace Telander, Ben Salazar, and the Trinity Lutheran Home. The 1997 CLG Grant from the State was for placing the Round Rock Historic Collection on the web-page. The HPC sponsored the Historic Homes Tour in December 1997. Turnout was lower than the previous year due to the cold weather. A subcommittee of the Commission was established to initiate the creation of the Non-Profit Foundation for Historic Preservation. • 7.C.1 Consider a presentation on the status of the Public Library Expansion Project Staff Resource Person: Dale Ricklefs, Library Director. Ms. Ricklefs made a pictorial update of the Library Expansion Project. The Council was also updated on the construction timeline and any unusual occurrences in the construction process. 107 September 10, 1998 7.D.1. Consider a presentation concerning a proposed ordinance establishing a procedure for the preparation of Council meeting agendas. This item is on the agenda at the request of Mayor Culpepper. Councilman Joseph asked that the proposed ordinance address only ordinances and resolutions and not for proclamations or other items. Councilman Hairston asked what was meant by"timely basis." Joanne Land said the agenda has to be posted 72 hours prior to the meeting. Staff's goal is to have the agenda finalized the Friday before the Thursday meeting. If staff has the items a couple of weeks before the meeting it helps a lot. PUBLIC HEARINGS: 8.A.1. Consider public testimony concerning the proposed 1998-1999 Operating Budget. Staff Resource Person: David Kautz, Finance Director. The proposed Operating Budget for the 1998-1999 Fiscal year includes the spending plan for the General Fund,the General Debt Service Fund and the Water/Wastewater Utility Fund. The Operating Budget maintains a high level of service to the public and provides additional funding and response to the tremendous amount of • growth the City has seen over the past year and expects to see over the coming year. The proposed budget includes: the creation of 38 positions with the emphasis on Public Safety, specifically, 7 Police Officers and additional support staff. Twelve(12)firefighters were added to staff Fire Station No. 5,which will soon be under construction at the Deepwood site. Additional personnel will be added to the Public Works Department,Parks Maintenance, and other areas. The Street Sealcoat Overlay Program increased 37%to a level of$603,000. This allows for 1/8 of the City streets to be sealcoat and upgraded on an annual basis. To maintain the investment of the employees, improvements to the pension plan was proposed which includes an increase in the employee's contribution rate from 6%to 7%to the retirement system. The City will match this contribution on a 2-tol basis. Staff also proposed to lower the retirement threshold to 20 years of service at any age, which is lower from its present level of 25 years.Vision care is being proposed as an addition to the • Employee Health Plan. A Pay for Performance Compensation Program is proposed whereby employees will receive pay increases ranging from 0%to 6%based on performance.New items in the budget that need the Council's consideration are: 1. Funding for certain requests by non-profit agencies. 2. Funding for additional programs as follows: a. Public Works-Traffic Light Maintenance Crew and Bucket Truck $138,910. � '' 108 September 10, 1998 b. Streets -West Main Street parking improvements $16,900 C. Police-Motorcycle patrol program$26, 172 d. Police-Department issued handguns$85,700 e. Administration- election expense(additional expense) $17,000 In addition to the operational spending of the budget the City will spend nearly$23 million dollars on general Capital Improvement Projects. This will include completion of the Library Expansion at • $4.3 million structure; $11 million for residential streets and major thoroughfares; $2.5 million for neighborhood parks and improvement to Old Settlers Park at Palm Valley; $4.5 million on a new Recreation Center and construction of a new Fire Station and additional fire trucks for that station and other stations. The main sources of funding for these Capital Improvements are voter authorized General Obligation Bonds which were authorized by the voters in 1996, issued in part in 1996 and the final issuance was in 1998. In addition to those, Certificates of Obligation were issued which is funding the Recreation Center. Water and Wastewater improvements over the course of the year are expected to exceed$10.7 million in the Utility Capital Improvements Program and will be paid for primarily with cash derived from the Capital Recovery Fee. To fund operations in the utility no increases are required for water/wastewater bills and this has been true for 7 years in a row and no increases are proposed for the garbage pickup rate. However,the proposed budget does propose a moderate increase in the property tax rate to pay for the additional debt service that is funding the Capital Projects. In connection with the new bonds that were issued in 1998 debt service has increase by$600,000 a year. The City's tax assessor has calculated and published the various tax rates as required by State law. Last year's adopted tax rate was 37.706 cents per$100 of value and the proposed rate for this fiscal year is 38.5-cent. The 1998-1999 Proposed Operating Budget is as follows: General Fund Total Revenues $27,832,095 Total Expenditures (27,735,058) Change in Fund Balance $ 97,037 • I & S GO Debt Service Total Revenue $7,334,111 Total Expenditures (7,594,530 Change in Fund Balance * $ (260,419) Utility Fund Total Revenues $15,442,283 109 September 10, 1998 Total Expenditures (15,339,362) Change in Working Capital $ 102,921 *Fund balance reserves are available to fund the proposed changes in fund balances. Mr. Kautz noted that in the Debt Service Fund the amount of debt service that the tax rate is levied on is net self supporting debt. There are certain self-supporting debt that pays it's own way • though it is General Obligation Debt. The debt that is supporting the Golf Course is being paid by g g revenue from the Golf Course so those figures are not part of the tax levy for the General Obligation Debt Service Fund. Mayor Pro-tem Stluka noted that if the increase does not take place this year to take care of the debt service then the tax rate would be higher in subsequent years to take care of the debt service. Mayor Culpepper opened the public hearing. There being no public testimony,the public hearing was closed. 8.A.2. Consider public testimony concerning the proposed 1998 property tax rate. Staff Resource Person: David Kautz,Finance Director. The Proposed Operating Budget for fiscal 1998- 1999 is balanced at a tax rate of 38.5 cents per$100 of value. Under this proposal,taxes on the • average home would increase by$12.34 or 3.07% compared with last year's tax rate of 37.706 cents. The proposed tax rate is increasing to pay for debt service on the issuance of voter- authorized General Obligation Bonds and Certificates of Obligation in 1998. The proposed tax rate is as follows: Maintenance and Operations $0.17465 Debt Service $0.21035 Total Tax Rate $0.38500 Mayor Culpepper opened the public hearing. There being no public testimony,the public hearing was closed. ORDINANCES: 9 A 1 Consider an ordinance adopting the proposed 1998-1999 Operating Budget First • Reading) Staff Resource Person: David Kautz,Finance Director. The following is the 1998-1999 Proposed Operating Budget. General Fund Total Revenues $27,832,095 Total Expenditures (27,735,058) Change in Fund Balance $ 97,037 I& S GO Debt Service `' 110 September 10, 1998 Total Revenue $7,334,111 Total Expenditures (7,594,530 Change in Fund Balance * $ (260,419) Utility Fund Total Revenues $15,442,283 Total Expenditures (15,339,362) • Change in Working Capital $ 102,921 *Fund balance reserves are available to fund the proposed changes in fund balances. Funding for additional programs are as follows: a. Public Works -Traffic Light Maintenance Crew and Bucket Truck $138,910. b. Streets-West Main Street parking improvements $16,900 C. Police-Motorcycle patrol program$26, 172 d. Police-Department issued handguns $85,700 e. Administration- election expense (additional expense) $17,000 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, 1998, AND ENDING SEPTEMBER 30, 1999, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY,TEXAS. MOTION: Councilman Joseph moved to include the five additional programs as presented by staff. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to adopt the 1 - • p p 998 1999 Operating Budget as amended. Mayor Pro-tem Stluka seconded the motion. Mayor Pro-tem Stluka expressed his concern on the request from the RRISD Transportation Department for funding of all the school crossing guards. He said that school crossing guards are an extremely important aspect to the safety of the children in this community,however,he does not believe it should be the responsibility of the City as far as this cost is concerned. The City is already September 10, 1998 funding the cost of the school zone flashing lights at all the schools. This should continue to be an expense of the School District as it has been over the years. Councilman Stewart concurred with Mayor Pro-tem Stluka. He added that the City also provides the painting, stripping and policing of the school zones. MOTION: Councilman Stewart moved to remove the request for funding for school • crossing guards from the amended Operating Budget. Councilman Joseph seconded the motion. Councilman Hairston asked why the request for funds from the School District for school crossing guards was placed with the non-profit requests for funding rather than addressing the request through a collaborative or memorandum of understanding of who is going to do what with respect to the schools. Mr. Bennett responded that Mike Jolly,Acting Superintendent and Boardmember Steve Copenhaver approached the City and Williamson County for funds. The County will not be able to fund the crossing guards. The City of Austin funds the crossing guards inside their city limits as does Travis County. Mr. Jolly and Mr. Copenhaver did acknowledge that the money has been budgeted for the crossing guards. The request was done to save money for other programs. Mr. Bennett noted • that the City has lost the source of funding for the school zone flashing lights but the City will continue that obligation. Mayor Culpepper asked for the vote to remove the school crossing guards request from the amended budget. OTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: Councilman Hairston Councilman Palmer ACTION: The motion carried with 5 ayes and 2 noes. Mayor Culpepper asked for the vote to adopt the 1998-1999 Operating Budget as amended. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.A.2. Consider an ordinance adopting the 1998 property tax rate. (First Reading) Staff Resource Person: David Kautz,Finance Director. The proposed property tax rate is as follows: Maintenance and Operations $0.17465 112 September 10, 1998 Debt Service $0.21035 Total Tax Rate $0.38500 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 1998. MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.B.1. Consider an ordinance setting the date time and place fora public hearin concerning the annexation of 59.833 acres of land out of the J M Harrell Survey, Abstract No 284, Williamson County. Texas. Robinson Ranch and Wyoming Springs Dr. right of wax) (Involuntary) • (First Readings Staff Resource Person: Joe Vining, Planning Director. This is the first step required to start the annexation process for property commonly known as the Robinson tract. This tract is located northwest of Round Rock Hospital. The boundaries are Oakcreek Subdivision,Tanglewood Subdivision and Round Rock Hospital. The right-of-way for Wyoming Springs Drive is included in this annexation. Second reading may be dispensed with the unanimous consent of the Council. Applicant: City of Round Rock. Agent: Baker Aicklen&Associates, Inc. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE SETTING A DATE AND TIME FOR TWO PUBLIC HEARINGS TO BE HELD IN THE CITY COUNCIL CHAMBERS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF ROUND ROCK, TEXAS, TO WIT: 59.833 ACRES OF LAND OUT OF THE J.M. HARREL SURVEY, ABSTRACT NO. 284, WILLIAMSON COUNTY; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. MOTION: Councilman Joseph moved to adopt the ordinance. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph ,t 113 September 10, 1998 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. Councilwoman Chavez seconded the motion. • VOTE: Ayes: Mayor Pro-tem Stluka Y Y Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.B.2. Consider an ordinance setting the date time,and place for a public hearing concerning the annexation of 2.497 acres of land out of the J M Harrell Survey, Abstract No 284, Williamson County. Texas. (RM 620 right of way) (First Reading) (Involuntary) Staff Resource Person: Joe Vining, Planning Director. This tract represents the right-of-way for RM 620. This annexation will give a clear understanding of the city limits to the Fire Department and Police Department. Second reading may be dispensed with the unanimous consent of the Council. • Applicant: City of Round Rock. Agent: Baker Aicklen&Associates, Inc. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE SETTING A DATE AND TIME FOR TWO PUBLIC HEARINGS TO BE HELD IN THE CITY COUNCIL CHAMBERS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF ROUND ROCK, TEXAS, TO WIT: 2.497 ACRES OF LAND OUT OF THE J.M. HARREL SURVEY, ABSTRACT NO. 284, WILLIAMSON COUNTY; 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: Mayor Pro-tem Stluka Councilman Hairston 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. 114 September 10, 1998 VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.B.3. Consider an ordinance settingthe date time and lace fora public hearing • concerning the annexation of 101 301 acres of land out of the Asa Thomas Survey, Abstract No. 609, Williamson County, Texas (Hickerson Traco (First Reading) Staff Resource Person: Joe Vining, Planning Director. This tract of land is located in the southeast quadrant of the City,between Gattis School Road and Louis Henna Boulevard. The owner is petitioning for annexation in order to be eligible for city services on future development. Second reading may be dispensed with the unanimous consent of the Council. Applicant: Doyle Hickerson. Agent: Doyle Hickerson. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE SETTING A DATE AND TIME FOR TWO PUBLIC HEARINGS TO BE HELD IN THE CITY COUNCIL CHAMBERS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF ROUND ROCK, TEXAS, TO WIT: 101.301 ACRES • OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609, WILLIAMSON COUNTY; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. MOTION: Councilman Joseph moved to adopt the ordinance. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to dispense with 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 • Y Y Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 115 September 10, 1998 9.B.4. Consider an ordinance setting the date,time and place for a public hearing concerning the annexation of two tracts of land consisting of 0.394 acres (Parcel A Tract 1)and 37.150 acres (Parcel A Tract 2) out of the Joseph Marshall Survey,Abstract No 409,Williamson County,Texas and 3.637 acres (Parcel B Tract 1) out of the Joseph Marshall Survey,Abstract No. 409,Williamson County,Texas. (Brushy Creek Regional Wastewater Treatment Plano (First • Reading). Staff Resource Person: Joe Vining, g Plannin Director. This is the annexation of the - Regional Wastewater Treatment Plant site. Second reading may be dispensed with the unanimous consent of the Council. Applicant: Lower Colorado River Authority and City of Austin. Agent: Joseph J. Beal, P.E.,Manager,Water Co. Division, LCRA and Toby Futrell,Assistant City Manager, City of Austin. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE SETTING A DATE AND TIME FOR TWO PUBLIC HEARINGS TO BE HELD IN THE CITY COUNCIL CHAMBERS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.394 ACRES OF LAND (PARCEL A TRACT 1), 37.150 ACRES OF LAND (PARCEL A TRACT 2), AND 3.637 ACRES OF LAND (PARCEL B TRACT 1) OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409,WILLIAMSON COUNTY; 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to dispense with second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Palmer seconded the motion. • OTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.B.5. Consider an ordinance setting the date time, and place for a public hearing concerning the annexation of two tracts of land consisting of 31.437 acres'(Tract band 1 933 acres 116 September 10, 1998 Tract 2 out of the Joseph Marshall Survey, Abstract No. 409 Williamson Coun Texas. Brush ) P Xs t3'�—� Y Creek Regional Wastewater Treatment Plant) (First Reading). Staff Resource Person: Joe Vining, Planning Director. Second reading may be dispensed with the unanimous consent of the Council. Applicant: Lower Colorado River Authority. Agent: Joseph J. Beal,P.E.,Manager,Water Co. Division. Mayor Culpepper read the caption of the ordinance. • ORDINANCE NO. AN ORDINANCE SETTING A DATE AND TIME FOR TWO PUBLIC HEARINGS TO BE HELD IN THE CITY COUNCIL CHAMBERS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF ROUND ROCK, TEXAS, TO WIT: 31.437 ACRES OF LAND (TRACT 1) AND 1.933 ACRES OF LAND (TRACT 2) OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, WILLIAMSON COUNTY; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.C.1. Consider an ordinance establishing a procedure for the preparation of Council meeting agendas. First Reading)This item is on the agenda at the request of Mayor Culpepper. • q Y Councilman Hairston asked that the ordinance be amended from"any item"to"ordinances" and"timely"to "5 working days." Mayor Culpepper said that resolutions should be included in the ordinance. 117 September 10, 1998 Steve Sheets noted that 5 working days is not enough time for the City Attorney's office to prepare ordinances and resolutions. Ten working days would be a good time period. He added that the word timely was not meant to be ambiguous but rather flexible. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS AMENDING SECTION 1.1005 OF THE CITY CODE TO PROVIDE A METHOD FOR THE PLACEMENT OF ITEMS ON THE AGENDA BY COUNCIL MEMBERS; AND ALSO PROVIDING FOR RE-TITLING AND RE-NUMBERING OF NON-AFFECTED PORTIONS OF SECTION 1.1005 OF THE CITY CODE. MOTION: Councilman Joseph moved to amend the ordinance by excluding proclamations. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: Councilman Hairston ACTION: The motion carried with 6 ayes and 1 no. MOTION: Councilman Joseph moved to adopt the ordinance as amended. Councilman • Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: Councilman Hairston ACTION: The motion with 6 ayes and 1 no. RESOLUTIONS: 10.A.l. Consider a resolution authorizing the Mayor to execute Contract Change Order No. 3 to Chasco Contracting, Inc. for the Egger Acres Street and Drainage improvement Project. Staff Resource Person: Jim Nuse, Public Works Director. This change order will provide additional quantities for driveway replacement where actual field conditions required us to provide an • acceptable driveway slope and will also provide an additional area inlet and pipe to remedy a yard drainage condition encountered on Karolyn Drive. This change order, in the amount of$ 5,790.00, will make the current contract amount$996,515,10. This change order and the project is funded from the 1996 General Obligation Bond Program. Staff Recommends approval. Mayor Culpepper read the following resolution. RESOLUTION,NO. 118 September 10, 1998 WHEREAS, the City of Round Rock has previously entered into a contract("Contract")with Chasco Contracting,Inc. for the Egger Acres Street,Drainage, and Waterline Improvements Project, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 3,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 Contract Change Order No. 3 to the Contract with Chasco Contracting, Inc. for the Egger Acres Street, Drainage, and Waterline Improvements Project. The City Council hereby finds and declares that written notice of the date,hour,place and • subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended, and the Act. RESOLVED this 10th day of September 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez • Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.A.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement Amendment No. 1 to the Contract For Engineering,Services with Heil,Lee and Associates for the Rubio Subdivision Street and Drainage Improvement Project. Staff Resource Person. Jim Nuse, Public Works Director. This amendment will provide for surveying and preparing field note descriptions and sketches for nine drainage easements necessary for the project. With this amendment for$6,300.00 the current amount of the Contract For Engineering Services is $87,800.00. This amendment and the project is funded from the 1996 General Obligation Bond Program. Staff recommends approval. Mayor Culpepper read the following resolution. • RESOLUTION NO. WHEREAS,the City of Round Rock has previously entered into an agreement for engineering services ("Agreement")with Hejl,Lee &Associates, Inc. for the Rubio Subdivision Street&Drainage Improvements, and WHEREAS, Hejl,Lee&Associates, Inc. has submitted Supplemental Agreement No. 1 to the Agreement to provide for surveying and preparing field note descriptions and sketches for nine drainage easements, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 to the Agreement with Hejl, Lee&Associates,Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, 119 September 10, 1998 That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement with Hejl, Lee&Associates, Inc. to provide for surveying and preparing field note descriptions and sketches for nine drainage easements, a copy of said supplemental agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended, and the Act. • RESOLVED this 10th day of September, 1998. 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. OTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • 10.A.3. Consider a resolution authorizing the reimbursement of the regional detention fee paid by Calloway Development Corporation for the Rocking Horse Ranch Apartment Development Staff Resource Person: Jim Nuse, Public Works Director. This developer originally paid a regional detention fee of$43,200 but later decided to construct on-site floodwater conveyance facilities that also provide benefits to the City. As a result it is appropriate to refund the regional detention fee. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, §3.1202, Code of Ordinances, City of Round Rock,provides that new development shall either(1)incorporate facilities to provide required flood protection or(2) participate in the City's Regional Ponding program by paying the required fees, and WHEREAS, Calloway Development Corporation,the developer of the Rocking Horse Ranch Subdivision originally paid the fees in the amount of$43,200.00 to participate in the Regional Ponding program,but has since decided to construct facilities on property which provide the necessary flood protection, and • WHEREAS,the Director of Public Works is recommending that the aforesaid fees be refunded to Calloway Development Corporation,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the$43,200.00 in fees for the Regional Ponding program previously paid by Calloway Development Corporation is hereby authorized to be refunded to Calloway Development Corporation. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government'Code, as amended, and the Act. RESOLVED this 10th day of September, 1998. 120 September 10, 1998 CHARLES CULPEPPER,Mayor City of Round Rock,Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka • Y Y Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.B.1. Consider a resolution concerning the creation of a Round Rock Historic SociM 501 c (3). Staff Resource Person: Joe Vining, Planning Director. This resolution supports a non-profit citizen based society for the purposes of historic education as well as fundraising specifically for the annual homes tour. Applicant: City of Round Rock. Agent: City of Round Rock. Mayor Culpepper read the following resolution. RESOLUTION NO.- WHEREAS, O.WHEREAS,the proposed 501(c)(3)non-profit Round Rock Historic Society shall operate as an entity wholly separate from the City of Round Rock, and WHEREAS,the purpose of the Round Rock Historic Society shall be to provide support and assistance to the community in matters relating to the historic preservation,restoration and cultural heritage activities occurring within the City of Round Rock,more specifically as follows: 1. To host and conduct an annual historic homes tour to increase public awareness of historic preservation in Round Rock. 2. To encourage the preservation,restoration,research, appreciation, care and use of Round Rock's physical and cultural heritage. 3. To demonstrate the importance of Round Rock's heritage to local citizens. 4. To advise in the preservation,restoration and maintenance of historic landmarks, sites, objects, artifacts, documents, relics and other similar items located within the confines of the City of Round Rock. 5. To acquire,restore,maintain and operate historic properties,where possible, for the purpose of preserving endangered properties and educating citizens and visitors about Round Rock's unique position in history. WHEREAS, the creation of the Round Rock Historic Society will enable the solicitation of funds from the private,public and non-profit sectors and,thus,will be a significant supplement to current City funded historic activities,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council supports the creation of the Round Rock Historic Society to provide a • forum for all Round Rock citizens to learn about and become involved with activities promoting Round Rock's rich supply of historic resources and important heritage. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended, and the Act. RESOLVED this 10th day of September, 1998. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: 121 September 10, 1998 JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10 C 1 Consider a resolution authorizing a street closing on October 24, 1998 at the request of the Downtown Business Association. Staff Resource Person: Joanne Land,Assistant City Manager. The Downtown Business Association is sponsoring a"Welcome,Round Rock Express, Baseball Day."They are requesting that a portion of Main Street and Lampasas Street be closed on October 24, 1998 from 8:00 a.m. to 4:00 p.m. Mayor Culpepper read the following resolution. RESOLUTION NO. • WHEREAS,the Downtown Business Association of Round Rock has requested that Main Street, from Mays Street to Lampasas Street, and Lampasas Street, from Main Street to the alley immediately north of Main Street,be closed from 8:00 o'clock a.m. until 4:00 o'clock p.m. on October 24, 1998 for the Welcome Round Rock Express Baseball Day, and WHEREAS,the City Council wishes to grant such request,Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Main Street and Lampasas Street be closed as set forth above. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended, and the Act. RESOLVED this 10th day of September, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 122 September 10, 1998 10.D.1. Consider a resolution authorizing the Mayor to execute an interlocal agreement with the Texas Forest Services. Staff Resource Person: Lynn Bizzell,Fire Chief. The City of Round Rock is serving as a Staging area for the Texas Forest Service,West,Texas Division since June of 1998. The agreement will allow for some reimbursement for materials and labor associated with the presence of U.S. and Texas Forest Service personnel. Governor Bush declared an emergency in the is State of Texas due to the potential Wildfires in the State from the drought. This deployment was greatly appreciated throughout the State as the crews have assisted local communities in containing and extinguishing thousands of acres burned. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS,V.T.C.A., Government Code, Chapter 791,the Texas Interlocal Cooperation Act,provides that any one or more public agencies may contract with each other for the performance of governmental functions and services under the terms of the Act, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement ("Agreement")with the Texas Forest Service, a part of the Texas A&M University System, to provide for a staging area for equipment and personnel that are providing mutual aid in response to wildland fires,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 said Agreement, a copy of same being attached hereto and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended, and the Act. RESOLVED this 10th day of September, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez • Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: None 'DISBURSEMENTS: 12.A. Consider payment of$58,665.66 to Baker-Aicklen&Associates, Inc for engineering services associated with the Greenlawn Boulevard Extension/Greenlawn IH 35 123 September 10, 1998 Interchange. The current contract price is $399,284.52 and the project is funded from Economic Development Sales Tax. 12.B. Consider payment of$4,050.00 to C.C. Carlton Construction of Austin, Inc. for the Texas Avenue Drainage Improvements. The current contract price is $292,077.00 and the project is funded from 1996 General Obligation Bonds/Regional Detention Funds. • 12.C. Consider payment of$30,240.00 to C.C. Carlton Construction of Austin Inc. for the Wilderness Way Drainage Improvements. The current contract price is $98,170.00 and the project is funded from 1996 General Obligation Bonds(F42). 12 D Consider payment of$219,810.53 to C C Carlton Construction of Austin, Inc. for the Reclaimed Wastewater Pipeline. The current contract price is$341,100.00 and the project is funded from Water/Wastewater System Construction Funds. 12.E. Consider reimbursement payment of $19968.00 to Calloway Development Corporation for oversizing utility lines in Rocking Horse Ranch Subdivision. The subdivision work is complete. The funding source is the water and wastewater oversize account. 12.F. Consider payment of$86,406.21 to Chasco Contracting for the Eggers Acres Street Improvements. The current contract price is $996,515.10 and the project is funded from 1996 General Obligation Bonds and Blue Pipe Lawsuit Proceeds. 12.G. Consider payment of$110,370.00 to Cunningham Constructors &Associates, Inc. for the Water Treatment Plant Phase I&II Improvements. The current contract price is $234,800.00 and the project is funded from Water System Construction Funds. 12.H. Consider final payment and Change Order No. 1 of$1,852.56 to JKL, Inc. for the Right Hand Turn Lane at the northeast corner of Louis Henna Boulevard and IH-35 Improvements. The current contract price is $37,051.10 and the project is funded from 1997 Certificates of Obligation(F40). 12.1. Consider payment of$13,497.32 to Martinez,Wright&Mendez, Inc for engineering services for Street and Drainage Improvements and Intersection Modifications for Sam Bass Road • and Chisholm Trail. The current contract price is $99,910.00 and the project is funded from 1997 Certificates of Obligation. 121 Consider payment of$69,606.00 to SetPoint Builders,Inc. for the Public Works Building Additions and Alternations Improvements. The current contract price is$524,000.00 and is funded by Self Financed Construction. i 124 September 10, 1998 12.K. Consider payment of$154,936.45 to CP Snider Construction Co.,Inc. for the Public Library Expansion Project. The current contract price is $2,860,000.00 and the project is funded from 1996 General Obligation Bonds. MOTION: Councilman Joseph moved to approve the disbursements. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka • Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITY MANAGER'S REPORT: None COUNCIL COMMENTS: Councilman Hairston wished a speedy recovery to Suzanne Hampton,wife of Will Hampton, the City's Communication Director. Earlier during a Citizens Communication presentation a comment was made concerning Councilman Hairston and the City Manager. Councilman Hairston assured the residents that he and the City Manager have met and discussed their expectations and • issues that may arise. They basically agreed to always keep things issue oriented not with the individuals and to look at the process and not personalities and that is something they have always discussed since he was sworn is a few months ago. Councilman Hairston assured the residents that there is not a poor working relationship between himself and the City Manager. They do enjoy constant e-mail communications and has the opportunity to meet with him in between the Council meetings. Councilman Joseph thanked staff for the information he requested concerning the Egger Acres project. Mayor Culpepper thanked Mr. Kautz for the presentation on the budget. He added that another Town Hall meeting will be held on Thursday, September 24, 1998 at 6:00 p.m. He congratulated the Round Rock Dragons for their first football victory this season and wished them • good luck when they play Stephenville. ADJOURNMENT: There being no further business,the meeting adjourned at 9:28 p.m. Respectfully Submitted, Joanne Land,Assistant City Manager/ City Secretary z. 125 September 22, 1998 The Round Rock City Council met in a Special Called Session on Tuesday, September 22, 1998 at 6:00 p.m. in the City Council Chamber,221 E. Main Street. ROLL CALL: Those members present were Mayor Pro-tem Robert Stluka, Councilman Earl M. Hairston, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha • Chavez and Councilman Jimmy Joseph. Mayor Charles Culpepper was absent. Also present were City Manager Bob Bennett and Assistant City Manager/City Secretary Joanne Land. PUBLIC HEARINGS: 3.A.1. Consider public testimony concerning the annexation of 40 acres of land out of the J.M. Harrell Survey,Abstract 284. Mouri Tract) Staff Resource Person: Joe Vining, Planning Director. This is the first of two required public hearings. This tract of land is located west of the Interstate, north of FM1325 and south of Hester's Crossing. The owner submitted a petition for voluntary annexation for this tract. The owner has an emmenient purchaser for the tract that proposes a commercial development. The required second public hearing will be held at the regular Council meeting on September 24, 1998. Agent: William S. Smalling, Trustee. Mayor Pro-tem Stluka opened the public hearing. There being no public testimony,the • public hearing was closed. ADJOURNMENT: There being no further business, the meeting was adjourned at 6:02 p.m. Respectfully submitte , XLO&WOL anne Land,Assistant City Manager/ City Secretary • 126 September 24, 1998 The Round Rock City Council met in Regular Session on Thursday, September 24, 1998 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Charles Culpepper,Mayor Pro-tem Robert Stluka, Councilman Earl M. Hairston, 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 10, 1998 Councilman Hairston amended the minutes as follows: Page 25 of the draft minutes,the first paragraph should be changed to "Councilman Hairston asked the Mayor would he accept a friendly amendment to change the proposed ordinance from"any item to ordinance" and"timely to 5 days."Page 25, second paragraph, Councilman Hairston asked that the following comment be inserted after the first sentence. "Mayor Culpepper did not accept the friendly amendment. Councilman Hairston made a formal amendment." Page 25, Councilman Hairston asked that the following be inserted in the second paragraph after flexible. "Councilman Hairston's amendment • did not receive a second." MOTION: Councilman Hairston moved to approve the minutes as amended. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Rayyaneh Oskoui, 8 Meandering Way, noted that the Bahai Community of Round Rock • is sponsoring a service award to an individual who has been instrumental towards the advancement of women. Ms. Oskoui noted that in recognition of the United Nations, "International Year of Women", the Bahai Community would like the assistance of the Council and members of the community in nominating an individual who has been active in promoting a 127 September 24, 1998 the advancement of women. The ceremony will be held at the Hopewell Middle School on December 10, 1998 at 6:30 p.m. Tommy Nobles, 1410 E. Logan, complimented Jim Nuse on his efficient response concerning signage around the City. • Bill Albee, 1702 Johnson Way, expressed his opinion concerning his cost estimate of the proposed baseball stadium. He noted that he used figures that were provided by Mr. Bennett and made additional adjustments to the cost of the baseball stadium. Mr. Albee outlined the information he provided to the Council. The information contained items and cost estimates that he felt were left out of the Open Records Request he submitted to the City concerning the cost of the baseball stadium. The figure that has been circulating is $14 million but the feels the realistic figure is $21 million. Mayor Culpepper said, "Bill, you ask for these Open Records Request, then you get information and you don't sit down and talk to staff and as you said you guess this and you guess that."He added, "It's not$21 million and we will be happy to sit down and walk through item by item with you and make you comfortable with the figures." • Bob Bennett added that some of the figures are correct and he would like to sit down and go through them with Mr. Albee. Mr. Bennett added, "The important thing is we can only go as far as the revenue stream will take us, that the Hotel/Motel Tax will generate. So,no matter what we want,what we can afford is the real issue." Mr. Albee said he would be glad to sit down with Mr. Bennett and discuss this because "we need to `nail this price down' so when we go to the polls we know how much money we are talking about." William Camp, 2310 Stirrup, expressed his concern with alcohol sales at the stadium. David Pruett, 1711 Amber Skyway, expressed his opposition of item 9B 1 "in both the substance and the mechanics." • Bill Roberts, 2100 Grove Drive,reminded the Council that the Old Settlers Bluegrass Festival is scheduled for February 1999. He asked for the Council's support on the promotion of the festival. Mr. Roberts outlined some of the activities and participants. Joanne Key, 500 Greenwich, expressed her concern with the noise the Dell construction is creating. She noted that representatives of Dell did contact her but there was really nothing that can be done. Ms. Key also expressed her concern with the`realignment of South Mays. Mr. 128 September 24, 1998 Bennett asked Ms. Keys to give her name and address to Will Hampton, the City's Communication Director, so she can be notified of upcoming meetings concerning improvements in the area. Councilman Palmer informed Ms. Key that a meeting will be held at Voigt Elementary, Tuesday, September 29th from 4:00 p.m. to 8:30 p.m. to discuss the realignment of South Mays • Street. He added that he too is concerned because he lives on the street that will be affected but he is more concerned with the traffic that runs through there today. PROCLAMATIONS: 6.A. Consider a proclamation proclaiming National Payroll Week. Mayor Culpepper read the appropriate proclamation and presented it to Becky Martinez of the City's Finance Department and Jo McMillian of the American Payroll Association Centex Chapter. PRESENTATIONS: 7.A.1. Consider a presentation concerning the extension of the Time Warner Entertainment Company cable television system franchise. Staff Resource Person: Bob Bennett, City Manager. Mr. Bennett explained that Time Warner has a new service they want to bring into Round Rock. This request will be brought back to the Council's next meeting for action. Lidia Agraz,Director of Public Affairs for Time Warner,provided the Council with information on the new service. She requested that the current franchise contract be extended two years to allow them to-make capital investments that will permit them to offer the new online service called Road Runner. She added that Time Warner also wants,with the Council's approval, to begin working with staff to update the whole contract and show the services that are being provided. Ms. Agraz showed a short video that described the new online service. Steve Faraby, General Manager for Road Runner services,was present to answer technical questions. Mr. Faraby described how the service would be installed. Councilman Hairston said he saw in the presentation that Time Warner was committed to • offering the Road Runner service to the School District. Councilman Hairston asked if the service would be provided for free at all levels. Ms. Agraz said Time Warner is committed at the national level to be very supportive of education. Time Warner has a commitment of providing cable to all the schools that are in close proximity to the plant. Those schools that have cable will also receive this service free of charge and they will receive the use of one modem. 129 September 24, 1998 Councilman Hairston asked Ms. Agraz to inform the Council which schools would be receiving this service. Ms. Agraz said that is something that can be reviewed during the negotiations of the contract. Mayor Pro-tem Stluka thanked Ms. Agraz for working with staff in this interim solution • to the contract. He added that there are a lot of things that are going on in the markets right now one of which is deregulation and that has some impact on what the City needs to look at and do in the future. 7.B.1. Consider a presentation concerning engineering services for a proposed wastewater rehabilitation project. Staff Resource Person: Jim Nuse,Public Works Director. The scope of work for this proposed contract includes the following wastewater lines: Stone Street to Georgetown Street, Lake Creek at Burnet Avenue, Florence at Blair Street,FM 620 at Lake Creek Shopping Center, Fannin to Milam Avenue,Zephyr Lane to Gattis School Road. All these areas have a history of repeat blockage or backups. Mr. Nuse outlined maps describing the lines in the specific areas. The engineering task will be to produce a rehabilitation plan to correct these deficiencies. The Council was provided with the scoring sheet that summarized the ratings for • selecting a professional engineering design firm for services on several wastewater lines in the City. Staff recommended that authorization be given to enter into negotiations for professional services with Associated Consulting Engineers, Inc. This item will be brought back to the Council's next meeting for action. PUBLIC HEARINGS: 8.A.1. Consider public testimony concerning the proposed 1998-1999 Operating Budget Staff Resource Person: David Kautz,Finance Director. The Operating Budget includes a spending plan for the General Fund, the General Debt Service Fund and the Water/Wastewater Utility Fund. The Operating Budget maintains a high level of service to the public and provides additional funding in response to the tremendous growth the City has seen over the past several • years. Some of the highlights of the programs that were created in the budget are 40 jobs with the emphasis on public safety,which includes 7 Police Officers, additional Police support personnel, 12 Firefighters to staff Fire Station No. 5,which will soon be constructed at the Deepwood site, Public Works personnel,Parks Maintenance personnel, and others. The street sealcoat overlay program is increasing 32%to its level of$600,000 allowing for 1/8 of the residential streets to be resurfaced annually. An improvement to the pension plan is proposed which covers the City 130 September 24, 1998 employees. In addition,vision care is being added to the employees health plan, a Pay for Performance Compensation Program whereby City employees will receive a pay increase ranging from 0%to 6%based on job performance. The budget was amended at the last meeting to include a traffic signal light crew, City issued handguns for Police Officers and a Police Motorcycle Program. The City will spend nearly$23 million next year on general Capital • Improvements which include the completion of a new Library expansion at$4.3 million, $l lmillion for residential streets and thoroughfares, $2.5 million for neighborhood parks, improvements to Old Settlers Park at Palm Valley, improvements of$4.5 for the new Recreation Center, a new Fire Station at the Deepwood site and new fire trucks. Capital Improvements are not part of the operational aspect of the budget but they do ultimately have an affect on the operating element of the budget. The main sources for these Capital Improvements are voter authorized General Obligation Bonds,which were issued in 1996 and in 1998 along with Certificates of Obligation for the additional funds needed to construct the Recreation Center. The water and wastewater improvements over the course of the year are expected to exceed$10.7 million dollars and are being paid for primarily with cash generated by the Capital • Recovery Fee. No increases are for water,wastewater or garbage. No increases have been seen in these areas for seven years in a row,however,the budget does propose a moderate increase in the property tax rate which is expressly to pay for additional debt service associated with the voter authorized General Obligation Bonds and Certificates of Obligation issued this year. Specifically,that debt service is increased by$600,000 for the prior year. The City's Tax Assessor has calculated the various tax rates as required by State law. Last year's adopted tax rate was 37.7 cents per$100 evaluation to pay for the additional debt service. This year the proposal is for 38.5 cents tax rate. Mr. Kautz outline the following is budget: General Fund • Total Revenues $27,832,095 Total Expenditures (27,735,058) Change in Fund Balance $ 97,037 I & S GO Debt Service Total Revenue $7,334,111 131 September 24, 1998 Total Expenditures (7,594,530 Change in Fund Balance * $ (260,419) Utility Fund Total Revenues $15,442,283 • Total Expenditures (15.339,362) Change in Working Capital $ 102,921 *Fund balance reserves are available to fund the proposed changes in fund balances. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 8.A.2. Consider public testimony concerning the proposed 1998 Property tax rate Staff Resource Person: David Kautz,Finance Director. The Proposed Operating Budget for fiscal 1998-1999 is balanced at a tax rate of 38.5 cents per$100 of value. Under this proposal,taxes on the average home would increase by$12.34 or 3.07% compared with last year's tax rate of 37.706 cents. The proposed tax rate is increasing to pay for debt service on the issuance of voter- authorized General Obligation Bonds and Certificates of Obligation in 1998 • Maintenance and Operations $0.17465 Debt Service $0.21035 Total Tax Rate $0.38500 Mayor Culpepper opened the public hearing. Tommy Nobles said Round Rock's tax rate versus the surrounding areas is considerably lower. Does the 1/2 cent property tax reduction help make that off set possible. David Kautz responded that the rate that Round Rock is considering at 38.5 cents does include the benefit the City will receive from the additional 1/2 cent sales tax which currently reduces the property tax by 18 cents. There being no further testimony, the public hearing was closed. 8.B.1. Consider public testimony concerning the annexation of 40 acres of land out of the J.M. Harrell Survey, Abstract 284. (Kouri Traco (First Reading) Staff Resource Person: Joe Vining, Planning Director. This is 40 acres out of the former Kouri tract and is now being called The Frontera. It fronts on IH-35 and is north of FM1325 and south of Hester's Crossing. The new owners thought this tract of land was the easiest to develop. The first public hearing was cy 132 September 24, 1998 held at a Special Called Council meeting on Tuesday, September 22, 1998. Agent: William S. Smalling. Trustee Mayor Pro-tem Stluka asked what road was feeding into the tract. Mr.Vining said Rawhide Drive. Trey Salinas, one of the developers, said this is the first part of the project. This tract was • one of the pieces that was immediately available for use and it had a lot of interest because of access to the frontage road. Currently,they are beginning the Master Plan process and working with the neighborhood. They are also working out all the issues of traffic and density. This tract will be developed as a Power Center or Power Village. Mr. Salinas gave examples of similar businesses for the development. He added they are currently working with staff on the traffic impact analysis because they want to make sure the project will work before they close with any insures or other developers. Councilman Hairston thanked Mr. Salinas for meeting with the Chisholm Valley residents and taking into consideration all the stakeholders in the area. Mr. Salinas added that the developers have been meeting with the Neighborhood Association President and committee that was set u for this purpose but wants to meet more with the residents that are adjacent to the • p pmP J property. Councilman Stewart asked if Salinas had an architectural rendering of the project. Mr. Salinas said no but he can make copies of the project image book they are looking at for a power center and for some of the other uses. It gives examples of what they are looking for and of what they are not looking for. Mayor Culpepper opened the public hearing. William Camp said he appreciates the way this developer is working with everyone in Chisholm Valley and especially those residents adjacent to the project and if it is properly developed it can actually increase the property values. He hopes the Council works with the developers on this because they are very sincere on what they plan to do. • There being no further testimony, the public hearing was closed. ORDINANCES: 9.A.1. Consider an ordinance adopting the proposed 1998-1999 Operating Budget (Second Reading) Staff Resource Person: David Kautz, Finance Director. There have been no changes since the first reading of the ordinance. 133 September 24, 1998 ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 1999,DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. 1 ST MOTION: Councilman Joseph moved to adopt the ordinance. Mayor Pro-tem • Stluka seconded the motion. Councilman Hairston said, "At the last meeting we had an amendment that dropped the Round Rock Independent School crossing request for$35,844. I would like to appeal to my colleagues to please include that amount back into�the original budget. I believe that was the School District's way of asking us for assistance not just for school crossing guards but initiating a dialogue. With the third high school being built the School District should be approaching the peveto cap pretty soon. I think it's $1.50. I'm not sure,but I believe this could be basically a way of starting a dialogue on basically how we are going to keep the quality in our schools. Since the State Legislature basically has tied their hands with the laws and they don't have a sales tax as we do. So they are basically limited to the property tax but I would think the$35,000 for • crossing guards could lead into something else. It could be a commitment over a certain number of years but I believe this could open up a dialogue between our two governing units to address the funding of our schools. Many people live in Round Rock because of the quality of the education that the students receive and I just want to maintain that quality in the schools. If there is anything that the City can do to assist the Round Rock Independent School District, I would hope that we would take that advantage to see that opportunity through." Mayor Culpepper said he agreed with Councilman Hairston concerning the quality of education. He added, "We have had dialogue with the School District and visited with a couple of the Boardmembers who agreed they didn't do it right this time and understand the City's position. They realize they need to do what they used to do which is meet with the City on a quarterly basis or at least semiannual basis." • 2ND MOTION: Councilman Hairston moved to amend the ordinance to include the $35,844 for the school crossing guards. The second motion failed for a lack of a second. Councilman Joseph asked if the$35,844 was already in the School District Budget. Mayor Culpepper said it was so they will not,be without crossing guards. 134 September 24, 1998 1 ST MOTION: Councilman Joseph moved to adopt the ordinance. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez • Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. Councilman Hairston relayed to Councilman Joseph, "It's not that they were not going to fund the crossing guards. It's just that the$35,000 came out of their budget from somewhere else. I knew they were going to fund them. They were not going to let the schools not have crossing guards." Mayor Culpepper said, "It was already in the School District's budget to fund crossing guards. They were just asking us to fund it so'the money can go somewhere else." 9.A.2. Consider an ordinance adopting the 1998 property tax rate. (Second Reading) Staff Resource Person: David Kautz,Finance Director. The Proposed Operating Budget for fiscal 1998-1999 is balanced at a tax rate of 38.5 cents per$100 of value. The first reading of the • ordinance was approved on September 10, 1998. 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 1998. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph • Mayor Culpepper Noes: None ACTION: The motion carried unanimously 9.13.1. Consider an ordinance establishing_a procedure for the preparation of Council meeting agendas. Second Reading) The first reading of the ordinance was approved on September 10, 1998. 135 September 24, 1998 Mayor Culpepper said it takes a motion and a second to get any item on the table anyway for discussion. This is consistent with that. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS AMENDING SECTION 1.1005 OF THE CITY CODE TO PROVIDE A METHOD FOR THE • PLACEMENT OF ITEMS ON THE AGENDA BY COUNCIL MEMBERS; AND ALSO PROVIDING FOR RE-TITLING AND RE-NUMBERING OF NON-AFFECTED PORTIONS OF SECTION 1.1005 OF THE CITY CODE. MOTION: Mayor Pro-tem Stluka moved to adopt the ordinance. Councilman Stewart seconded the motion. Councilman Hairston said, "Again, at the last Council meeting I voted against this because,basically, I still enjoy bringing ordinances and resolutions before the Council. Right now I don't require a sponsor. It could die because it does not have a second. It could also die should it come to a vote but right now the way it reads the ordinances, the request for presentations and resolutions require that sponsor. I just think it hinders me from bringing things before the Council." Mayor Culpepper said he does not see how, if it's good legislation,there should be a • problem finding a second. Councilman Hairston said, "Good is deciding how we vote on it but bringing it to the agenda is something that,basically when we bring it to this forum,we are basically discussing it. As long we vote it up or vote it down at least it had the opportunity to reach a vote. Right now without a sponsor it won't even reach the agenda or come to the meeting but the idea is to be discussed." Mayor Culpepper said, "It will have a sponsor if it is good legislation and needs a second; and I think this Council appreciates good legislation enough that if there is merit in it, we will not have a problem finding one." Councilman Hairston said„`.`I understand,we just disagree on good legislation is it one • Councilmember or is it two Councilmembers.” VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: Councilman Hairston ACTION: The motion carried,6.to 1. RESOLUTIONS: 136 September 24, 1998 10.A.1. Consider a resolution authorizingthe e Mayor to execute a contract with ECO Resources, Inc for the Greenslopes Waterline Replacement Program Staff Resource Person: Jim Nuse, Public Works Director. On September 16, 1998,two (2)bids were opened to replace"blue tubing"in the Greenslopes Subdivision. The project will replace 312 services at a total cost of $356,401. Staff recommended award of this contract to ECO Resources. The project includes • not only replacing the water services but also includes removing and replacing concrete curbs and sidewalks and driveways ancillary to the replacement of blue tubing as re-sodden and re- vegetation. Mr. Nuse added that on October 10th an open house will be held from 10:00 a.m. to 3:00 p.m. at Kinningham Park for a presentation on this project. This presentation will be for both the residents of South Creek Subdivision and Greenslopes Subdivision and staff will be available to answer questions from the residents. RESOLUTION NO. WHEREAS,the City of Round Rock has duly advertised for bids for the Greenslopes Waterline Replacement Program, and WHEREAS, ECO Resources, Inc. has submitted the lowest and best bid, and WHEREAS,the City Council wishes to accept the bid of ECO Resources, 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 ECO Resources, Inc., for the Greenslopes Waterline Replacement Program, a copy of said contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of September, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 137 September 24, 1998 10.13.1. Consider a resolution adopting an updated City of Round Rock Investment Policy and Investment Strategy. Staff Resource Person: David Kautz, Finance Director. In accordance with the Public Funds Investment Act,the City Council must review the City's Investment Policy annually. The Investment Policy establishes guidelines for the Investment • Officers with regard to how City funds will be invested. The proposed changes to the Investment Policy and Investment Strategy are: Section: VI. D. Diversification by Investment Type This section is being changed to incorporate the Public Funds Investment Act definition of state agency investment types. The Public Funds Investment Act is the underlying legal basis for the City's investment policy guidelines. This change is for clarity only and does not affect the City's investments. Addendum A(as Referenced by Section VII.B.) Authorized List of Broker/Dealers The authorized list of Broker/Dealers is amended to add the following brokerage firm: Vining Sparks, MG 8310 Capital of Texas Hwy North, Suite 355 • Austin, Texas 78731 This qualified firm will be added to the list of firms providing competitive quotes for investment securities. References provided have been investigated and approve by staff. Mr. Kautz added this does not change any of the way the current or proposed investments are handled or researched. Staff recommended approval of the resolution. RESOLUTION NO. WHEREAS,pursuant to Chapter 2256, Texas Government Code("the Act")the City Council desires to adopt a written investment policy and investment strategy regarding the investment of City funds, and WHEREAS, the City Council has reviewed the attached updated policy and has determined same to be in compliance with the Act,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the attached updated investment policy for the investment of City funds is hereby approved and adopted. • The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of September, 1998. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: " "°' 133 September 24, 1998 JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: 1 LA. Consider two additional appointments for Ad Hoc members to the Capital Improvements Advisory Committee. Staff Resource Person: Joe Vining,Director. The Local Government Code stipulates that if an impact fee is to be applied in the extraterritorial jurisdiction,the advisory committee membership must include a representative from that area. A letter of interest for appointment to the Capital Improvements Advisory Committee as Ad Hock members was received from Jim Boles and Mike Swayze. MOTION: Councilwoman Chavez moved to approve Jim Boles and Mike Swayze as Ad • Hoc members to the Capital Improvements Advisory Committee. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. Councilman Hairston asked if this was the first time these individuals were appointed to this committee. Mr. Vining said,no they have served in the past. DISBURSEMENTS: 12.A. Consider payment of$84,189.74 to Entex Information Services for the purchase of Finance Department and Human Resources Department computer servers The total payment is $84,189.74 and the project is funded from General Operating Budget Revision No. 1. 12.B. Consider payment of$14.818.62 to Highline Corporation for the Human Resources and Payroll Systems Module License, Software and Implementation The current 139 September 24, 1998 contract price is $181,918.00 and the project is funded from General Operating Budget Revision No. 1. 12.C.Consider Change Order No. 1 of$1.127.30 and final payment of$5,146.25 to JKL, Inc. for the Right Hand Turn Lane at Sam Bass Road and Chisholm Trail Project. The current • contract price is $51,815.00 and the project is funded from 1997 Certificates of Obligations (F40). 12.D.Consider payment of$51.906.34 to Rust Environment&Infrastructure, Inc. for engineering eering services associated with the Master Transportation Plan. The current contract price is $252,063.20 and the project is funded from 1997 Certificates of Obligation. 12.E.Consider payment of$20,300.00 to Spencer Godfrey Architects for architectural services associated with the design of the Clay Madsen Recreation Center. The current contract price is $293,165.00 and the project is funded from 1996 G.O. Bonds. MOTION: Councilman Joseph moved to approve the disbursements. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka • Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITY MANAGER'S REPORT: Bob Bennett announced that staff received a copy of the MuniNet Guide &Review and unbeknownst to City they did a review of the City's web site. Some of the comments that were received were: "A definite leader in its class. This site provides a centralized vehicle for disseminating city information. Beginning with its professional appearance and extending through its comprehensive content, this web site covers all bases. Government news is • prominently and succinctly displayed on the city's home page,with links provided,where applicable, for more detail. The Monthly Income Report compares budgeted to actual levels of tax collections, and year-to-year comparisons of building permits and water accountability. The 1998-99 Budget Letter provides a comprehensive, detailed overview including budget priorities, economic outlook,revenue assumptions, and more. City ordinances are provided in full. The G.O. Bond Progress page is winning in concept:"Their favorite features are"accessibility of city 140 September 24, 199 8 officials and staff via e-mail; 1998-99 Budget Letter; timely posting of City Council meeting agendas and minutes; Monthly Income Report and G.O. Bond Progress Report." The company also offered suggestions for improvement. The City received a rating of three stars out of a possible four. Mr. Bennett added that a public forum would be held on the Transportation Master Plan • on October 14, 1998 at 7:00 p.m. in the City Council Chamber. On October 28, 1998 there is going to be a public forum at the Planning Commission meeting at 7:00 p.m. An open house will be held on the west side of the City concerning the Deepwood extension. The actual date has not been scheduled. An open house will be held on the east side concerning SH-130 as it relates to the Transportation Plan. The actual date has not been scheduled. Mayor Pro-tem Stluka asked staff to contact the Round Rock Leader and the Austin AmericanStatesman and give them a primer on the Systematic Development and Informed Consent and Citizens Participation Process that some staff members have attended and what is seen as the future of the City's communication and being more involved with the citizens in the process. Councilman Hairston announced that the Texas Department of Transportation will • conduct a public meeting to discuss the proposed SH-45 on Wednesday, October 7, 1998 at 6:00 p.m. at Noel Grisham Middle School. COUNCIL COMMENTS: Councilman Hairston thanked Chief Kuhlmann and Capt. LeMay for inviting him to be a judge at the Sam Bass BBQ Cook-off. Councilman Hairston wished his wife Terrie a Happy 15th Anniversary. Councilman Palmer said he attended the Citizen Participation Course and it was very informative. Councilman Joseph wished Councilman Hairston and his wife Terrie a Happy Anniversary. Councilman Joseph also wished a Happy 25th Anniversary to Mike and Sandra • Robinson. Mayor Culpepper wished Councilman Hairston and his wife Terrie a Happy Anniversary. ADJOURNMENT: There being no further business,the meeting adjourned at 9:10 p.m. ?anne ectfully Su itted, Land,Assistant City Manager/ City Secretary oG46ber (o,'., 9QS 141 The Round Rock City Council met in a Special Called Session on Tuesday, October 6, 1998 at 6:00 p.m. in the City Council Chamber, 221 E. Mair.Sgiriot- ROLL CALL: Those members present were Councilman Earl M. Hairston, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Mayor Charles Culpepper and Mayor Pro-tem Robert Stluka were absent. Also present • were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. In the absence of Mayor Culpepper and Mayor Pro-tem Stluka, Councilman Joseph chaired the meeting with the unanimous consent of all the Councilmembers present. PUBLIC HEARINGS: 3AL Consider public testimony concerning the annexation of 59.833 acres of land out of the J M Harrell Survey, Abstract No 284, Williamson County, Texas (Robinson Ranch and Wyoming Springs Drive right of waX�(InvoluntaryZ Staff Resource Person: Joe Vining, Planning Director. This is the first step required to start the annexation process for property commonly known as the Robinson tract. This is the first of two required public hearings. The • second public hearing will be held on Thursday, October 8 1998. This tract is immediate) p g Y> Y north and west of Round Rock Hospital. Representatives for the hospital have been negotiating with the owners of the Robinson Ranch to purchase the remaining of the property south of Park Valley Drive to Wyoming Springs Drive. The appropriate zoning for the expansion of the hospital tract will be C-1 zoning. Staff recommended to the owner of the tract that the zoning for the area north of Park Valley Drive be a Planned Unit Development. This zoning will allow a range of uses that will be acceptable to the neighborhood. Mr. Vining added that the owner conveyed his understanding on the sensitivity of the tract to the adjacent residents and surrounding neighborhood and concurred with staff's recommendation. Councilman Joseph opened the public hearing. There being no public testimony, the • public hearing was closed. I I.A.2. Consider public testimony concerning the annexation of 2.497 acres of land out of the J.M. Harrell Survey, Abstract No. 284, Williamson County Texas. 620 right of way) (Involuntary). Staff Resource Person: Joe Vining,Planning Director. This is the first of two required public hearings. The second public hearing will be held on Thursday, October 8, 1998. 142 October 6,1998 This is the annexation of the right-of-way for RM620 that corresponds with the proposed annexation of the Robinson Ranch and Wyoming Springs Drive right-of-way. Councilman Joseph opened the public hearing. There being no public testimony, the public hearing was closed. 11.A.3. Consider public testimony concerning the annexation of 101.301 acres of land • out of the Asa Thomas Survey. Abstract No 609, Williamson County, Texas (Hickerson Tract) Staff Resource Person: Joe Vining,Planning Director. This tract of land is located in the southeast quadrant of the City,between Gattis School Road and Louis Henna Blvd. The owner, Doyle Hickerson, is petitioning for annexation in order to be eligible for City services on future development. This is the first of two required public hearings. The second public hearing will be held on Thursday, October 8, 1998. Councilman Joseph asked if staff is still working on acquiring right-of-way for a road through the property to Louis Henna Boulevard. Mr. Vining said the owner is aware of staff's recommendation for the City's Transportation Plan and supports the recommendation. In response to Councilman Hairston's question,Mr. Vining described two of the options for the •alignment gnm t of the road through the Hickerson tract. Councilman Hairston inquired if staff proposed to extend the road from South Creek Subdivision south into the tract. Mr. Vining said originally it was thought to be the best option but the Transportation Model recommends a new roadway on the tract west of South Creek that will travel north and past US79 to FM1460. This roadway will actually serve as a better arterial than the connection through South Creek. Councilman Joseph opened the public hearing. There being no public testimony, the public hearing was closed. 11.A.4. Consider public testimony concerning the annexation of two tracts of land consisting of 31.437 acres (Tract 1) and 1.933 acres (Tract 2) out of the Joseph Marshall Survey, Abstract No. 409. Williamson County, Texas (Brushy Creek Regional Wastewater Treatment Plant) Staff Resource Person: Joe Vining, Planning Director. Applicant: Lower Colorado River • Authority. Agent: Joseph J. Beal,P.E.,Manager, Water Co. Division. These tracts are the site of the Regional Wastewater Treatment Plant. They are located south of US79 and west of County Road 122. This is the first of two required public hearings. The second public hearing will be held on Thursday, October 8, 1998. i` 143 October 6,1998 Councilman Joseph opened the public hearing. There being no public testimony, the public hearing was closed. 11.A.5. Consider public testimony concerning the annexation of two tracts of land consisting of 0.394 acres (Parcel A Tract 1) and 37.150 acres (Parcel A Tract 2) out of the Joseph • Marshall Survey, Abstract No. 409, Williamson County Texas and 3.637 acres (Parcel B Tract 1) out of the Joseph Marshall Survey, Abstract No 409, Williamson County, Texas (Brus Creek Regional Wastewater Treatment Plants Staff Resource Person: Joe Vining,Planning Director. Applicant: Lower Colorado River Authority and City of Austin. Agent: Joseph J. Beal,P.E.,Manager, Water Co. Division, LCRA and Toby Futrell, Assistant City Manager, City of Austin. These tracts are the site of the Regional Wastewater Treatment Plant. They are located south of US79 and west of County Road 122. This is the first of two required public hearings. The second public hearing will be held on Thursday, October 8, 1998. Councilman Joseph opened the public hearing. There being no public testimony, the public hearing was closed. ADJOURNMENT: • There being no further business, the meeting was adjourned at 6:10 p.m. Respectfully submitted, anne Land,Assistant City Manager/ City Secretary • 144 October 8,1998 The Round Rock City Council met in Work Session and Regular Session on Thursday, October 8, 1998 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER : 6:00 P.M. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro-tem Robert Stluka, Councilman Earl M. Hairston, 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.1. Consider a presentation concerning the City of Round Rock General Plan Goals Staff Resource Person: Joe Vining,Planning Director. Mr. Vining summarized the process used for developing the draft General Plan Goals. The four citizen workshops were on Community Identity and Appearance, Adjacency of Land Uses to Single Family Uses, Transportation and Roadway Implications and Housing Opportunities. He added that the draft goals statements encompassed the ideas and conclusions from this summers Planning and Design Workshops and the Council Retreat. Mr. Vining outlined the following General Plan Draft Goals: • TRANSPORTATION Goal 1 Round Rock should ensure a safe and efficient transportation system that provides increased access and mobility for all residents. Objectives: 1.1. Ensure a local transportation system,which includes roadways, sidewalks,bike lanes, and hike/bike trails, that provides citizens with options to drive,walk, and bike to local destinations safely and efficiently. 1.2. Strengthen roadway and parking standards to include design features that enhance safety and circulation and provide buffering for residential neighborhoods. 1.3. Study the feasibility of developing a local transit system to provide additional • transportation choices for citizens. 1.4 Explore alternative financing methods including impact fees to support the future funding of the City's transportation system. Goal 2 Round Rock should encourage land use and transportation policies that maximize traffic flow at both the local and regional levels. Objectives: 145 October 8,1998 2.1. Implement the Round Rock Transportation Master Plan in an appropriate and timely fashion. 2.2. Protect the function of the City's arterial roadway system by adopting land use and access policies that concentrate high intensity land uses,maximize strip • development, and limit direct driveway access and curb cuts along major roadways. 2.3. Encourage a blending of land uses to promote easy access to work and shopping for residential areas. 2.4. Require traffic impact analyses for new developments that will generate high volumes of traffic 2.5. Provide leadership in the development of SH-45 and SH-130. 2.6. Explore options for participating in a regional rail system. CITIZEN INVOLVEMENT Goal 3 Round Rock should improve avenues of communication with citizens and encourage citizen involvement in all City programs. • Objectives: 3.1. Engage citizens in an ongoing dialogue about City policies and programs designed to instill an attitude of trust and believability in local decision making. 3.2. Use new types of media including local access television and the Ci�' s mternet website, to keep citizens apprised of public hearings and other forums for citizen involvement. 3.3. Encourage voter participation on issues facing our City. INFRASTRUCTURE AND UTMITES Goal 4 Round Rock should continue to coordinate service and facility expansion with future land use needs. Objectives: • 4.1. Ensure that utilities, infrastructure and transportation systems are sized to accommodate future development. 4.2. Provide leadership in developing a regional water system. 4.3. Continually improve infrastructure and water supply. 4.4. Develop a"reuse"water facility. Goal 5 Round Rock should foster growth policies that are coordinated with the City's financial capacity. 146 October 8,1998 Objectives: 5.1. Provide adequate funding to maintain core operating services in expectation of continued population growth. 5.2. Ensure funding for the scheduled openings and operations of new public facilities. 5.3. Use a cost-effective business management approach to provide City utility • service. ECONOMIC DEVELOPMENT Goal 6 Round Rock should expand and diversify its economic base to provide greater employment opportunities, access to a broader range of goods and services, and an increased non-residential tax base to lessen the tax burden on homeowners. Objectives: 6.1. Expand recruitment efforts to include non-high technology industries, thus decreasing the City's strong dependence on the high technology sector. 6.2. Explore the potential for attracting additional retail,business services, and hotel/motel establishments. 6.3. Develop economic development policies that ensure high quality development. • NEIGHBORHOOD AND HISTORIC PRESERVATION Goal 7 Round Rock should establish policies and programs that strengthen and preserve neighborhood integrity. Objectives: 7.1. Reinvest in the infrastructure of the City's older areas. 7.2. Ensure strong consistent code enforcement to maintain neighborhood integrity. 7.3. Investigate methods and incentives to bring existing developed property into conformity with new ordinances. 7.4. Ensure that non-residential uses,higher density residential development, and roadways are compatible with adjacent single-family neighborhoods by requiring new or increased design and buffering standards. • 7.5. Avoid the creation of large concentrations of apartments in any one area of the City. 7.6. Continue the Neighborhood Improvement Process to facilitate neighborhood- based initiatives to define problems, establish priorities, and develop solutions for specific neighborhood concerns. 147 October 8,1998 Goal 8 Round Rock should establish and adhere to strong development standards to reduce future maintenance costs. Objectives: 8.1. Encourage the use of durable and resource efficient building materials. 8.2. Ensure that landscape materials required by ordinance are native and drought • tolerant. 8.3. Strengthen building, fencing, and landscaping maintenance requirements. 8.4. Delineate responsibilities for fencing and landscaping maintenance requirements. Goal 9 Round Rock should protect and enhance the City's historic areas. Objectives: 9.1. Explore the development of new historic districts, including one along the Palm Valley corridor. 9.2. Enhance Round Rock's current historic districts. 9.3. Develop long term goals for the City's historic districts in an effort to promote their economic viability. • CITY IDENTITY AND APPEARANCE Goal 10 Emphasize Round Rock's role as a strong residential community and a major employer in the Central Texas region by strengthening and enhancing the City's identity and visual appearance. 10.1. Establish significant entry signs using native materials, landscaping, and appropriate lighting at the edge of the ETJ on major roadway entrances into Round Rock. 10.2 Enhance existing historical and natural resources as a means of promoting City identity. 10.3. Consider the development of new special districts, including the IH-35 corridor, with increased landscape, architectural, and signage standards. 10.4. Develop architectural,building articulation, site-plan and streetscaping standards • to enhance overall City appearance,particularly for developments along key corridors. 10.5. Increase landscaping standards and provide for increased street trees throughout the City. Yv 148 October 8,1998 INTERGOVERNMENTAL COOPERATION Goal 11 Round Rock should encourage cooperation and collaboration with local governments and institutions. Objectives: 11.1 Improve communications between City of Round Rock and School District officials to ensure consistency between land use,transportation, and facility-siting • plans. 11.2. Increase cooperation with neighboring communities to facilitate a coordinated approach to regional planning issues. PARKS. OPEN SPACE AND ENVIRONMENT Goal 12 Round Rock should continue to acquire and maintain.open space for parks and greenbelts using existing natural features whenever possible. Objectives: 12.1. Establish a comprehensive Park/Open Space Plan to include a hike and bike trail system that connects neighborhoods and services, links smaller neighborhood parks to larger parks, and provides connections to other communities. 12.2. Ensure adequate funding forP arks/greenbelt maintenance. • HOUSING OPPORTUNITIES Goal 13 Round Rock should reaffirm its commitment to diverse housing opportunities. Objectives: 13.1. Ensure the availability and affordability of a variety of housing for all Round Rock citizens, including the young, elderly, singles, families, and citizens with special needs. 13.2. Encourage a mix of affordability throughout the City and within the same subdivision. 13.3. Distribute housing types throughout the City. Do not concentrate any particular type of housing within one area of the City. • 13.4. Encourage creative non-profit/for profit partnerships to develop workforce housing with the appropriate services sited nearby(childcare,health care and elder care). 149 October 8,1998 SOCIAL AND COMMUNITY SERVICES Goal 14 Round Rock's physical development should accommodate the social and community services needed by our expanding population. Objective: 14.1. Encourage support for the special needs of citizens by ensuring the availabilityof • housing with close proximity to day care, senior centers, libraries, schools, and health care. 14.2. Establish partnerships between the City, local businesses, and social service providers to address social service needs. PUBLIC FACILITIES AND MUNICIPAL SERVICES Goal 15 Round Rock should provide adequate public services, facilities, staffing, and equipment to meet the needs of both residents and City employees. Objectives: 15.1. Provide adequate public services, including fire protection,police protection, parks, libraries, schools, and utilities,to all citizens. • 15.2. Maintain a safe environment for all citizens and strive to reduce criminal activity throughout the City. 15.3. Continue the Community Policing Program. 15.4. Ensure City facilities and equipment meet the needs of City employees and City residents with attention to maintenance,modernization, and expansion. 15.5. Increase safety awareness among all City employees. 15.6. Maintain a competitive compensation and benefits program to recruit and retain quality staff. 15.7. Utilize benchmarking and performance management processes. Mr. Vining concluded that this is the list that staff will bring back in two weeks for adoption by the Council. He asked the Council to contact him if they had any changes or • questions and if any resident wished to discuss a particular goal to contact the Planning staff. Mayor Pro-tem Stluka noted that whenever goals and objectives are addressed it becomes a fluent document that will have an ongoing yearly process. The intent of the document is that the citizens group will continue to be involved in terms of evaluating as to what has been accomplished,what may still be a goal or objective, or to add new things. Mayor Pro-tem Stluka added that a way to generate continued enthusiasm and interest among the citizens is for the 150 October 8,1998 Council and staff to accomplish the goals to show the citizens that there is a commitment and measurable accomplishment that the citizens can recognize. Councilman Hairston asked if staff and the workshop participants will be monitoring and if needed revising the Plan in some type of activity. Bob Bennett responded that what the City is doing is substantially different from what • has been tried in different communities. It bears some special discussion for the Council's consideration. When the Council got involved with the planned process,the charge was essentially to update the City's General Plan. At the same time it also involved the Strategic Plan and the City moving to multi-year budgeting. The outcome became a General Plan that every work activity in the City can be tied to. It's not just a physical plan for the development of Round Rock, it's a Plan the City will operate on at all levels. In terms of updating, the Strategic Plan will be updated. The Strategic Plan becomes very important in terms of focusing work elements into these goals that may not be developed in other areas. The citizens group will develop some goals, some will.have to be developed further by the Council and the Planning and Zoning Commission will develop some. The Strategic Plan will pull all these together and the multi-year budgeting sees that this venture is carried into the future in terms of it becoming a financial reality. There being no further business, the Work Session adjourned at 6:48 p.m. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro-tem Robert Stluka, Councilman Earl M. Hairston, 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: Special Called Session September 22 1998 and • Regular Session September 24, 1998 MOTION: Councilman Joseph moved to approve the minutes as submitted. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer 151 October 8,1998 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: • District Judge Billy Ray Stubblefield, Co-chair of the Williamson County Sesquicentennial Committee and representative of the Sam Bass Centennial Association, presented to Mayor Culpepper a copy of the painting,that hangs in the State Senate, of Robert McAlpin Williamson(founder of Williamson County) for the City's contribution to the Sesquicentennial Committee in the celebration of Williamson County's 150th Birthday. The portrait will be displayed in the Public Library. Judge Stubblefield reminded everyone of the Sesquicentennial Celebration and Cowboy Jubilee that will be held at Old Settlers Park at Palm Valley on October 15th through October 18th. John Gordon, 1007 Green Meadow, spoke on the matrix that TxDOT presented to the Council this year concerning SH-130. He said in reviewing the figures it was discovered that there were major problems in the cost that was presented. TxDOT failed to put in$19 million worth of cost on the W-2 route which made it look like it was almost the same cost as the eastern routes. After several meetings with the Highway Department, Senator Ogden and State Representative Krusee, the Highway Department admitted$19 million was left out of the cost. It became evident,based on the latest cost projections, that an attempt to go through central east Round Rock will be about$30 million more expensive for a 12 mile segment than going approximately two miles farther to the east; so the preferred route should have been W-5. He added that the ATS model is being redeveloped and Round Rock is getting a much better study from Mr. Word,the City's traffic engineer,because he is doing a much better job at looking at the growth projections based on where the road system would be. Mayor Pro-tem Stluka said he appreciated Mr. Gordon bringing up the recent discovery • and the point that it is continually being looked at. Mayor Pro-tem Stluka noted that at the time the Council made it's decision they were very concerned about how the political process was working which led them to bring in Tom Word and get an independent study from a different consultant to work with Mr. Word on the numbers. The SH-45 alternative was the Council's first attempt to look at other options rather than the W-2 preferred route for SH130. The new numbers indicate that there is a real question whether or not SH13'0 needs to proceed north beyond Louis 152 October 8,1998 Henna Boulevard and if it does at any point in time in the future then the greater likelihood is it would go out further east. Beth Carlile, 2612 Sinclair, spoke on single-member districts and the redevelopment of the Blessing Mobile Home area. She said at the present time the citizens have 7 members on the Council they can go to with their concerns but in single-member districts they will only be able • to go to one Councilmember, the Mayor and Mayor Pro-tem. She said, "As far as I am concerned you are doing a good job." She added that if single member districts are established that will force people to run for office that are not dedicated. Ms. Carlile said she lives in the Blessing Mobile Home area and has not seen any progress in the redevelopment of the area. She added that the Council passed a resolution to assist Austin,the Texas Department of Community Affairs and the Northridge Water Supply Corporation to provide water and wastewater service. Ms. Carlile noted that Northridge Acres is in Williamson County and in Austin's ETJ and Blessing Mobile Home is in Williamson County and in Round Rock's ETJ and their water and sewer system is antiquated and is in need of repair. She added that the lives of the residents in the Blessing Mobile Home area have been on hold for 5-1/2 months. The proposal that was brought before the residents would benefit most of the people. She asked for the Council's help to see that the redevelopment proceeds. Bill Albee, 1702 Johnson Way, said he felt the citizens were being"deceived"on the baseball stadium. Mr. Albee stated, "On July 28th we presented an initiated ordinance to the City of Round Rock. The Council accepted the ordinance as it was written."Mr. Albee read the following ordinance: `Be it ordained by the City Council of the City of Round Rock, Texas, that the City of Round Rock shall not expend any hotel/motel,property or any other form of tax money any form of bond money or any other City funds for any professional sports facility whether attached or unattached to the civic/convention center without specific voter approval." Mayor Culpepper,Reid Ryan, Judy McLeod and 32 other Round Rock residents got together and decided to do a petition for an initiated ordinance for the approval of a baseball stadium. It was • circulated in Round Rock and enough signatures were received and the City Council adopted that ordinance. Mr. Sheets then wrote the ballot for the November 3rd election,which states. `Proposed Initiative Ordinance. An ordinance approving the expenditure of hotel occupancy tax for a multi-purpose facility/baseball stadium.' This wording makes everyone think that they are voting only for or against using the hotel occupancy tax for the stadium and we have all been told ;r 153 October 8,1998 this by the Mayor many times. In truth,we are really voting for the entire ordinance. If you read the entire ordinance, that most people going to the polls will never see, you will find the very serious deceit I am referring to."He said the following sections are where the"deceit"has been hidden from the taxpayers. Section 1. Expenditures and Pledge. The City Council of the City hereby finds that the expenditure of the Hotel Occupancy Tax, in accordance with Chapter 351 of the Texas Tax Code, for the acquisition, construction, equipment, improvement, enlargement, operation, financing operation, maintenance and management of the Facility and related infrastructure is in the best interest of the citizens of Round Rock. The City Council further finds that the expenditure and pledge of such Hotel Occupancy Tax and such other sources as identified and acceptable to the City, to acquire, construct, equip, renovate, enlarge, improve, operate, manage and maintain the Facility and related infrastructure and to the payment of the principal, interest and premium, if any, of bonds or other obligations to be issued in order is the most advantageous method of providing and financing such Facility. Section 2. Issuance of Bonds or Other Obligations. The City Council is hereby authorized to • issue bonds or other obligations in one or more series for the acquisition construction, equipment, improvement, enlargement, operation, renovation, maintenance and management of the Facility payable from and secured by such sources as identified and acceptable to the City including specifically the Hotel Occupancy Taxes of the City lawfully available to be pledged to the payment of bonds or other obligations. Section 3. Prohibition Against Use of City Ad Valorem and Sales Taxes. Regardless of anything contained in this ordinance to the contrary, the City Council is hereby prohibited from using City ad valorem taxes or sales taxes for the financing or refinancing of the Facility, unless such is approved by the voters of the City at an election held for such purpose. Even though Section 3 states that the City Council is hereby prohibited from using City • ad valorem taxes,which are property taxes or sales tax, for the financing or refinancing of the facility, there are bonds and other obligations that can be used that are paid from the General Fund. This concerned me. This is an open checkbook to the City to build this facility with funds not limited to hotel bed tax as written on the ballot by Mr. Sheets. Mr. Culpepper, I do not want to hear from you like I always do that I did not check with staff about this. Instead I went directly to the Secretary of State's Election Division. After they received the two ordinances and the 154 October 8,1998 wording on the ballot that will go before the voters they were very concerned. They think, and I am quoting, the ballot has questionable language. The wording needed to be clear enough to put the voter on notice for what they were voting for bonds and other obligations. Anyone on the Council not aware of this, Mr. Sheets was contacted by the Secretary of State's office yesterday about this issue. This is the most serious "deceit"yet to make the voters think that this stadium • will not cost them money. Voters of Round Rock you will be paying for the stadium according to the Mayor's own ordinance. Now Mayor Culpepper who is spreading misinformation?What are you going to do about this now that it is too late to put the truth on the ballot. You are responsible for the"deceit" and you are responsible to put the truth out to the voters before they go to the polls. It is a sad day when it's baseball at all cost including the cost of the truth." Mayor Culpepper asked Mr. Albee who at the Secretary of State; he spoke to. Mr. Albee said he would be glad to give him the name but Steve Sheets knows her name. Mayor Culpepper added, `Bill, like I said, if you have any questions the staff is ready to address them. The deceit is not there on our part."Mr. Albee said, "I really don't need to speak to staff I think the Secretary of State pretty well summed it up." Mayor Culpepper said, "Once again hotel/motel taxes are the source of fund for the • stadium and that will be decided November 3rd." Sherry Blackett, 1801 Palm Valley Boulevard,Principal of Round Rock High School explained her position on why she prohibited the students from wearing red after a drive by shooting occurred. She said she hopes that this will be a temporary situation. She asked the Council to work with her and the School District to create a positive environment that will not allow gangs to flourish in the community. She noted she is very proud of the student body because they have been very cooperative and no student was suspended from classes for wearing those colors. She encouraged the Council to help promote a Gang Information meeting that is being sponsored by the PTA on October 15th at 7:00 p.m. in the Round Rock High School cafeteria and join them by taking a no tolerance position against these kind of activities in our • City. Mayor Pro-tem Stluka thanked Ms. Blackett for coming before the Council. He added that Ms. Blackett is the first Round Rock High School principal, that he can recall, that has come before the Council to express her concerns and offer a willingness to work together. Mayor Pro- 155 October 8,1998 tem Stluka informed Ms. Blackett that the Council will do whatever they can to help develop a relationship to address the problem together. Councilman Hairston said, "You had a decision to make and at least you made a decision and you had the concern of the students in mind."Councilman Hairston added, "It was a difficult situation,we are growing and we are no longer a small town and I think you hit the nail on the head where we have to educate the parents and have a collaboration of all the resources in the community." Marvin Denman, 1840 Red Rock Drive, complimented the Council and staff for involving the citizens in the decisions and accepting input for the Transportation Plan. He added that, "the Plan that is being proposed for the growth of Round Rock addresses the traffic issues for both the east and west side of the City for the next 10 to 20 years." Randy Collier, 4005 Hyridge Drive,Austin,President of the Old Settlers Bluegrass Festival, Inc., addressed their funding request that was denied by the Chamber Tourism Committee. He gave a brief history of the event, the new partner,RS Entertainment of Nashville, Tennessee owned by Ricky Scaggs,the impact of the event on Round Rock and why the event is • worthy for funding. Mayor Culpepper said there is some reserve funds set aside in this budget and will ask Councilman Stewart, Councilman Palmer,Assistant City Manager Joanne Land and Michelle Rackley to meet with him to discuss his request for funding for the Bluegrass Festival. David Pruett, 1711 Amber Skyway Cove, complimented Tom Word on the model that addressed the City's traffic issues. He added that the citizens of Round Rock will be very pleased with the Transportation Plan. Mayor Culpepper asked Mr. Sheets to respond to the allegations made by Mr. Albee. Steve Sheets responded by reading the following memorandum. He added that the memorandum will clearly show that there is no deceit going on and that the"Council did exactly what the law intends and requires the Council to do." "TO Mayor and Council FROM Stephan L. Sheets, City Attorney DATE October 8, 1998 RE Ballot title for Proposition 1 for November 3rd election I was informed yesterday by Elizabeth Hanshaw of the Secretary of State's Office that a "citizen's complaint"had been brought to her regarding ballot title language for Proposition 1 for the November 3rd election. Ms. Hanshaw did not indicate that any action was contemplated, but said that she was passing the fact of receipt along to me. The gist of the complaint seems to be that the wording that appears on the ballot does not track the Section 2 language of the initiative petition concerning issuance of bonds, and the 156 October 8,1998 complainant's allegation was that this could potentially be misleading to voters. (Although apparently not included in the complaint, the ballot wording for Proposition 1 also does not track Section 3 language of the initiative petition concerning prohibition against use of City ad valorem and sales taxes.) After reviewing relevant statutory and case law, it is clear that the ballot title for Proposition 1 for the November 3rd election complies in all respects with requirements of the City of Round Rock Charter,with all requirements of state law codified in the Election Code, and with all requirements found in case law. Therefore, it cannot reasonably be considered to be . potentially misleading to voters. Charter Compliance: Section 5.03(d) of the Charter governs ballot issues: "An ordinance, bond issue or Charter amendment, to be voted on by registered voters of the Ci shall be resented for voting b ballot title. g City p g Y The ballot title of a measure may differ from its legal title and shall be a clear, concise statement, approved by majority of the entire City Council describing the substance of the measure without argument or prejudice." Note that the Charter makes it mandatory to present measures by ballot title rather than by a verbatim recital of the full language of the proposed measure, and makes it mandatory to present measures in a concise statement approved by City Council. In the case of the ballot language for Proposition 1, on August 27th the City Council unanimously approved Ordinance No. G-98-08-27-9A1 containing the following concise statement to appear as the ballot title: "ORDINANCE APPROVING THE EXPENDITURE OF HOTEL OCCUPANCY TAX FOR A MULTI-PURPOSE FACILITY/ BASEBALL STADIUM." This wording fulfills the Charter requirement of being a ballot title, of being a clear • statement, of being a concise statement, of being approved by a majority of the entire City Council, and of describing the substance of the measure without argument or prejudice. Section 7.07 of the Round Rock Charter additionally applies to ballot issues in city elections dealing with ordinances proposed by initiative petitions, as this one was: "The ballots used when voting upon such proposed . . . ordinances shall also set forth their nature sufficiently to identify them . . ." The wording of the ballot title for Proposition 1 complies with this Charter mandate in that it is "sufficient to identify" it to voters as the measure concerned with expending hotel occupancy tax for a stadium facility, as distinguished from Proposition 2 (the only other proposition on the ballot) which is the measure concerned with amending the charter to convert from at-large council elections to single-member district council elections. Given the clear ballot titles of both Proposition 1 and Proposition 2, there is no reasonable chance whatsoever that a voter might be misled into mistaking one measure for the other. Ordinance No. G-98-08-27-9A1 calling the election on Proposition 1 contains the full text of the proposed ordinance as Exhibit A, and requires that all statutorily-mandated means be complied with to inform the citizenry of the text of the proposed ordinance: • "8. Notice of this election shall be given by twice publishing a substantial copy of the proposed initiative ordinance in a newspaper of general circulation published in the city. The dates of such publication shall be the same day in each of two successive weeks, with the first publication occurring before the 14th day before the date of the election. Notice of this election shall also be given by posting a copy of this ordinance on the bulletin board used for posting notices of city council meetings, and same shall be posted not later than the 21st day before the date of the election and shall remain posted through election day. 157 October 8,1998 The City Secretary is hereby authorized and directed to publish and post the required notices in the manner and for the time periods required by law." Also note that both Proposition 1 and Proposition 2 appear on the November 3rd ballot as a result of petitions being presented to the city. The full text of.both of these petitions was quite lengthy and was obviously unsuitable for verbatim inclusion on the ballot, notwithstanding the charter requirements discussed above. The text of the initiative petition, which placed Proposition 1 on the ballot, was 273 words long, reduced to a ballot title containing 15 words • (18.20 condensing ratio). The text of the petition, which placed Proposition 2 on the ballot, was 2,520 words long,reduced to a ballot title containing 137 words (18.40 condensing ratio). Election Code Compliance: Chapter 52 of the Texas Election Code, V.T.C.A., governs "Ballot Form, Content, and Preparation." Section 52.072 states as follows: "(a) Except as otherwise provided by law, the authority ordering the election shall prescribe the wording of a proposition that is to appear on the ballot. (b) A proposition shall be printed on the ballot in the form of a single statement and may appear on the ballot only once. In the instant case, the authority ordering the election was the City Council. The City Council, by unanimous vote on Ordinance No. G-98-08-27-9A1, prescribed the single-statement wording of Proposition 1 as it appears on the November 3rd ballot. There being no other applicable requirements in the Election Code, all state law requirements have been met. Case Law Compliance. The leading case directly on point for this question is Hill v. Evans, 414 S.W.2d 684, Tex.Civ.App.--Austin(1967). The Hill case essentially held the • following: (1) That it is presumed that a voter reaching the polling place is already familiar with the contents of the proposed amendment; (2) That the language of the ballot must direct a voter's attention to the amendment in such a manner that he can identify the amendment and not confuse it with other propositions on the same ballot; (3) That when the ballot has directed the attention of a voter to the proposed amendment with which he is presumed to be familiar, the ballot has given fair notice and the results of the election will not be set aside by reason of insufficiency of the ballot; and (4) That, in view of publicity prior to the election and widespread interest of the public in the subject of the proposed amendment, the ballot submitting the proposal but not mentioning all details was valid. The actual language of the court's holdings is quoted below: "The language of the proposition [in question] clearly set it apart from the . . . other propositions. It is difficult to believe that any voter, having familiarized himself with the proposal by reading the full text of the resolution published in the newspapers, could confuse [it] with any of the • ` other . . . subjects on the ballot, or that the voter would fail to recognize [it] as the subject covered . . . . If itis presumed that when the voter reaches the polling place he is already familiar with the contents of the proposed amendment, the language of the ballot will have served its purpose if it directs his attention to the amendment in such manner that he can identify the amendment and not confuse it with other propositions on the same ballot. To accomplish this end, the ballot language need show only the character and purpose of the amendment, and need not show all details. When the ballot has directed the attention of the voter to anamendment with which he is presumed to 158. October 8,1998 be familiar, the ballot has given fair notice, and the results of the election will not be set aside by reason of insufficiency of the ballot. In view of the publicity, both official and otherwise, . . . prior to the election, through newspapers, radios, and television, and the widespread interest of the public in the subject, it would appear highly unlikely that any voter within the sight or sound of these media, or of other voters, went to the polls . . . without knowing the scope and character of [the proposition]. • No voter is shown to have been deceived or misled by the proposition as stated on the ballot. The publication of the proposed amendment as required . . . constitutes notice to the voters. This is their means of being informed of the contents of the proposal. The statement on the ballot refers to the proposed amendment ment as advertised. If the statement on the p ballot directs the mind of the voter of ordinary intelligence to the proposed amendment, it has served its purpose to give fair notice." The Hill case additionally cites Whiteside v. Brown, 214 S.W.2d 844, Tex.Civ.App.-- Austin (1948) and the Supreme Court case of Railroad Commission v. Sterling Oil, 218 S.W.2d 415 (1949). The Whiteside court held that omission of certain provisions from the ballot was not fatal, and said that such omission was a necessary consequence of not printing the amendment in full on the ballot. The court further said, "It must be presumed that the voter would familiarize himself with the contents of the proposed amendment before entering the ballot box, otherwise the legislature would have required a full copy on the ballot." The Supreme Court in the Sterling Oil case pointed out the requirements "that certain publicity shall be given a proposed amendment prior to an election." The court further said, "This is done to identify the amendment and to show its character and purposes, so that the voters will be familiar with the amendment and its purposes when they cast their ballots." The ballot title language of Proposition 1, along with posting andP ublication • requirements, would put the instant matter in compliance with case law. To reiterate, the ballot title for Proposition 1 for the November 3rd election complies in all respects with our charter, with the Election Code, and with case law. Based upon the information in this memorandum, the complaint alleging that non-inclusion of Section 2 language in the ballot title renders Proposition 1 misleading to voters is without merit." Mr. Sheets pointed out that the purpose of the ballot is to identify not to inform. The voters themselves have the responsibility to inform themselves as to the contents of the ordinance, which will be published in the newspaper twice and the voters will have every opportunity to see it. PROCLAMATIONS: None PRESENTATIONS: 10.A.1. Consider a presentation concerning the proposed 1998-1999 Hotel OccWancX • Tax Budget and the Chamber of Commerce Tourism Budget Staff Resource Person: Joanne Land, Assistant City Manager. Michelle Rackley of the Chamber of Commerce gave a brief presentation on the Chamber of Commerce Tourism Budget and Hotel Occupancy Tax Budget. A copy of the budget was 159 October 8,1998 provided to the Council for their review. Ms. Rackley pointed out that the funding is the same as last year's. The Tourism Budget is as follows: Chamber of Commerce $61,047 Advertising and Promotions-Media $1,680 • Travel and Trade Shows $9,000 Collateral and Creative Projects $15,900 Advertising Support $6,000 Miscellaneous Expenses $650 Event Funding $62,700 Performing and Visual Arts $65,300 Historical Restoration and Preservation Projects $7,000 Total $260,000 She noted that in response to Council's concern on the funding for the Bluegrass Festival and El Amistad, a solution was established without compromising the existing recommended funding to be able to fund some of the money to the Bluegrass Festival and to increase the • recommendation for El Amistad. Ms. Rackley said there is a$6,000 contingency fund and recommended that the Celtic Festival receive$8,000 for one year of funding instead of$18,000 for two years of funding. The purpose of distributing two years of funds,this year,to the Celtic Festival was so they can be one year ahead because the event is at the beginning of October and they begin their advertising in August and September. The change in funding would not compromise the Celtic Festival. They will still get$8,000 next year. So the $8,000 from the Celtic Festival along with a portion of the contingency would allow the funding of$10,000 to the Bluegrass Festival and another$1,000 from the contingency fund will be used for El Amistad to increase their funding to $5,000. Councilman Hairston asked why take it from the Celtic Fund when there is an unreserved • fund balance of$313,114. Ms. Rackley responded that the budget for the Chamber of Commerce is $260,000 and the $313,000 is not the Chamber's money. Councilman Hairston asked if the contingency fund will be replenished in some way. Ms. Rackley said it would not. Councilman Joseph noted that if the Council wished to increase the funds in the contingency fund they can do so by amending the budget. 160 October 8,1998 Councilman Hairston inquired when the name change of the Austin Celtic Festival will change to Round Rock Celtic Festival. Ms. Rackley said she did not know. Councilman Joseph noted that El Amistad's had requested a funding of$10,000 and they have been very successful in bringing many people to Round Rock. He asked, "if they need more funding for advertising can it be provided?" • Councilwoman Chavez added that the cost had gone up for the security and to bring in the name entertainment in order to have the successful function. She added that the proceeds from this event generally comes back in full to the youth of the community. They have given a quarter of a million dollars in scholarships over the years. Ms. Rackley said when the Tourism Committee looks at all the requests, and a lot of them are experiencing an increase in expenses, a decision has to be made to distribute the funds proportionally and with El Amistad being as successful as it is the Tourism Committee felt that it could go on with the amount that they have been given over the past years as all the rest of the events. At one point or another everybody has been cut in order to allow more events to come so they can be nurtured to generate exactly what El Amistad is doing which is to bring tourism into the area. It's a difficult decision that has to be made and the Tourism Committee wants to • accommodate all the events and the only way to do that is that everyone get a proportion of the amount. Mayor Culpepper expressed his concern on funding the Austin Celtic Festival. He added, they don't go to Austin and ask for hotel/motel funds and if they are not proud of Round Rock's name then they need to go to Austin for funding. Councilman Stewart concurred with Mayor Culpepper's comments. Marie Vanmore,President of the Austin Celtic Association, explained that the festival was named mainly for name recognition because they hoped to draw not only local musicians or crowds but regional, statewide, and hopefully international crowds of people. They refer to the festival as the"Austin Celtic Festival at Round Rock."It has a lot to do with the fact that Austin • is associated with live music. The whole festival is in Round Rock even the host hotel. She added that this is the second year for the festival and will be happy to bring the request before the Board of Directors. She added that they do not receive any funding from Austin. Councilman Hairston asked that the name be changed. 161 October 8,1998 10.13.1. Consider a presentation concerning increasing snorts field lighting fees. Staff Resource Person: Sharon Prete, Parks and Recreation Director. Staff brought this before the Council in 1996 in regard to the sportsfield lighting fees. TU Electric recently completed an audit for the City's sportsfield lighting systems. Based on that information, staff recommended that the • City increase its hourly charge from$12.00 per hour to $18.00 per hour per field. The groups that are affected by this, in terms of having to pay additional funds, are groups that are sharing a field or groups that are renting a field for a tournament, adult softball league,practices and any company that is going to reserve the fields for a company picnic. Doing this check on the lighting fee from time to time actually helps the Youth Associations because they are responsible for paying their electric bills and if we don't keep it current they are paying more than their fair share of the bills. She added that this is a positive step rather than a negative step because it helps the Youth Associations. This item will be brought back to the Council for action. Mayor Culpepper dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the next item. 13.A.2. Consider a resolution adopting the 1998-1999 Hotel Occupancy Tax Budget. • Staff Resource Person: Joanne Land,Assistant City Manager. 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 1998-1999 budget for Hotel Occupancy Tax funds is attached which provides for expenditure of the funds in a manner in compliance with Section 1.1809 of the City Code(1995 Edition),Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the attached 1998-1999 Hotel Occupancy Tax Budget is hereby approved and the disbursements shown thereon are hereby authorized. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the • Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 8th day of October, 1998. 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. 162 October 8,1998 2ND MOTION: Councilman Hairston moved to amend the motion by increasing the allocation for El Amistad from$4,000 to $5,000; reduce the allocation for the Austin Celtic Festival by$8,000; allocate$10,000 to the Bluegrass Music Festival; reduce the Contingency fund by$1,000 to supplement the allocation for El Amistad; and address the shortfalls in the August 1999 budget amendment; and that the Austin Celtic Festival be renamed after this year to • the Round Rock Celtic Music Festival. Councilwoman Chavez seconded the motion. 2ND MOTION VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 1 ST MOTION VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez • Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. PUBLIC HEARINGS: I LA.1. Consider public testimony concerning the City of Round Rock General Plan Goals. Staff Resource Person: Joe Vining,Planning Director. A presentation was made on this item at the work session that was held earlier in the meeting. Mayor Culpepper opened the public hearing. Clifford J. May, 3316 Guadalupe Street#321,Austin,read the following statement: "It has been a pleasure participating in the planning and design workshops. It is thrilling that the City of Round Rock, its leaders and citizenry have the foresight and `stick-to-it-tiveness' to set • the stage for the next 50 years with perspective and insight. I am particularly referring to the document the Planning and Design Workshop Summary, Workshop Ideas and Conclusions and the Draft Goals 2000-General Plan Revision. On behalf of the May Family and everyone on our planning and design team and engineering and construction team I thank Round Rock for this effort. 163 October 8,1998 A mere five weeks ago July 30', Councilmembers in this room charged us to `be prepared to continue' and to `show us how you're going to do it.' We have used this study as a major planning outline and foundation for our Reunion development. Each and every point contained in this study has validity and importance. We have • endeavored to include all of these aspirations in our own plan. We look forward to meeting with City leaders and staff as we reinforce each other's commitment to creating in the spirit of this most important study. Round Rock is a great place to live,work, and play and few are committed to continuing this great tradition." Gretchen Pruett, 1711 Amber Skyway Cove, said she was proud to serve on the City Plan Committee and statements that resulted defined concisely what everyone on the committee was concerned about. It is a document we can all live with and that we can all be proud of and even if we can only accomplish the spirit maybe not the detail of each of these we will have a wonderful City to live in. There being no further testimony, the public hearing was closed. • 11.A.2. Consider public testimony concerning the annexation of 59.833 acres of land out of the J.M. Harrell Survey. Abstract No 284, Williamson County, Texas (Robinson Ranch and)Yoming Springs Drive right of wayL(InvoluntarX). Staff Resource Person: Joe Vining, Planning Director. Applicant: City of Round Rock. This is the first step required to start the annexation process for property commonly known as the Robinson tract. This is the second of two required public hearings. The first public hearing was held on Tuesday, October 6, 1998. This tract of land is located north of RM620 and north and west of Round Rock Hospital to the western right-of-way line of Wyoming Springs. Mayor Culpepper opened the public hearing. Karen Marquard expressed her concern that the property that backs up to her property is • being annexed. She asked why staff had chosen to annex the 60+ acres behind the Hospital. Mr. Vining said a roadway is being proposed as a continuation of Park Valley Drive from Wyoming Springs to Oakwood Drive. This road would provide an alternate access for the Hospital especially the new Woman's Center. Mr. Vining added that there are also two pending projects in that area that are medically related. Staff felt that it would be more advantageous to annex the entire 60+-acre area and look at it in a comprehensive manner rather than piece meal. 164 October 8,1998 Ms. Marquard said she was opposed to the annexation. There being no further testimony, the public hearing was closed. 11.A.3. Consider public testimony concerning the annexation of 2.497 acres of land out of the J.M. Harrell Survey Abstract No 284 Williamson County, Texas (RM 620 right of ways (Involuntary Staff Resource Person: Joe Vining,Planning Director. This is the second of two is required public hearings. This is annexation will extend the City limits on RM620 to the adjacent portion of Wyoming Springs Drive that is proposed for annexation. The first public hearing was held on Tuesday, October 6, 1998. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. I LAA. Consider public testimony concerning the annexation of 101.301 acres of land out of the Asa Thomas Survey. Abstract No 609 Williamson County, Texas (Hickerson Tract) Staff Resource Person: Joe Vining, Planning Director. This tract of land is located in the southeast quadrant of the City, between Gattis School Road and Louis Henna Blvd. The owner is petitioning for annexation in order to be eligible for city services on future development. This is the second of two required public hearings. The first public hearing was held on Tuesday, • October 6, 1998. Applicant: Doyle Hickerson. At the request of Councilman Hairston, Mr. Vining described the options for a roadway on the tract. He added there is not an exact alignment of the road at this time. But there is good spacing and it is a good location for an arterial. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. II.A.5. Consider public testimony concerning the annexation of two tracts of land consisting of 31.437 acres (Tract 1) and 1.933 acres (Tract 2) out of the Joseph Marshall Survey, Abstract No. 409 Williamson County, Texas Brushy Creek Regional Wastewater Treatment Plant Staff Resource Person: Joe Vining, Planning Director. This is the second of two required is public hearings. The first public hearing was held on Tuesday, October 6, 1998. Applicant: Lower Colorado River Authority. Agent: Joseph J. Beal, P.E., Manager, Water Co. Division. This annexation is associated with the Regional Wastewater Treatment Plant site. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 165 October 8,1998 1 LA.6. Consider public testimony concerning the annexation of two tracts of land consisting of 0.394 acres (Parcel A Tract 1) and 37.150 acres (Parcel A Tract 2) out of the Joseph Marshall Survey, Abstract No. 409, Williamson County, Texas and 3.637 acres Parcel B Tract 1) out of the Joseph Marshall Survey Abstract No 409 Williamson County, Texas (Brushy • Creek Regional Wastewater Treatment Plants Staff Resource Person: Joe Vining, Planning Director. This is the second of two required public hearings. The first public hearing was held on Tuesday, October 6, 1998. Applicant: Lower Colorado River Authority and City of Austin. Agent: Joseph J. Beal, P.E., Manager, Water Co. Division, LCRA and Toby Futrell, Assistant City Manager, City of Austin. This annexation is associated with the Regional Wastewater Treatment Plant site. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. I LA.7. Consider public testimony concerning Amendment No. 3 to Planned Unit Development(PUD)No. 4. which will permit 26 single family, homes with increased development standards. Staff Resource Person: Joe Vining,Planning Director. On September • 16, 1998 the Planning and Zoning Commission recommended adoption of Amendment 3 to PUD 4 with the requirement that paragraph 3.1. of Exhibit C be replaced with new language that addresses exterior finish. The PUD document includes the revised language and staff recommended approval. Applicant: Steven Smith, owner. Agent: Jim Stendebach Jim Stendebach,representative of the developer,noted that a Planned Unit Development (PUD)was the best choice for this property due to the configuration of the tract. A preliminary plat was approved that would require a second public street, the filling of a creek and the elimination of a lot of mature trees in the area. A PUD was proposed in order to save the trees by establishing a private street system. Mr. Stendebach further described additional aspects of the PUD. • Mayor Culpepper opened the public hearing. Maryanne Bosey, Chisholm Valley resident, asked what area off County Road 122 was the location of the property. Mr. Stendebach described the location using a map. There being no further public testimony, the public hearing was closed. 11.A.8. Consider public testimony concerning the substitution of an at ,grade golf cart crossing for a grade-separated crossinj at Hilton Head Drive between Forest Creek Section 10 166 October 8,1998 and Forest Creek Section 14 (Amendment No 4 to Planned Unit Development (PUD, No 4). Staff Resource Person: Joe Vining, Planning Director. Applicant: KPKM II Ventures, Ltd. Agent: Randall Jones Engineering. On September 16, 1998 the Planning and Zoning Commission recommended approval of this amendment with the requirement that the Director of Public Works must approve all construction plans. In the original Planned Unit Development No. • 4 for Forest Creek there were two grade-separated crossings provided for in the document. The first one was built some time ago. As the developers came forward and moved to the eastern portion of the tract they found that a better solution was to construct an at grade crossing. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. I I.A.9. Consider public testimony concerning adopting District C-1 (General Commercial) original zoning on 40.00 acres of land(Kouri Trach Staff Resource Person: Joe Vining,Planning Director. Applicant: 35/45 Investors, L. P., General Partner. This is the companion original zoning for the annexation of this tract of land. This is the first 40 acres that is being planned for development out of the Kouri tract which is now being called La Frontera. This tract is being planned primarily for commercial development. The annexation ordinance and • zoning ordinance will be considered at the October 22, 1998 Council meeting. In response to Mayor Pro-tem Stluka's question,Mr. Vining responded that the developer has been working with a group of the Chisholm Valley Neighborhood Association as to what this development will be and how it will affect the properties that back up to the tract. Mayor Culpepper opened the public hearing. Maryanne Bosey, Chisholm Valley resident, inquired about the terrain of the tract and whether it will sink after it is developed. Mayor Culpepper informed Ms. Bosey that will be addressed during the development stage and the public hearing was for the zoning of the tract. There being no further testimony, the public hearing was closed. • l l.A.10. Consider public testimony concerning rezoning .92 acres of land also bein g Lot 1A of the resubdivision of Lot 1, Corridor Park I from District C-1 (General Commercial)to District I-1 (Industrial). Staff Resource Person: Joe Vining,Planning Director. Applicant: Corridor Pointe II, L. P. Agent: Bury&Pittman. The purpose of this rezoning is to facilitate the consolidation of two lots to create one large industrial lot. 167 October 8,1998 Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: 12.A.1. Consider an ordinance approving the extension of the Time Warner • Entertainment Company Franchise. (First Reading) Staff Resource Person: Bob Bennett, City Manager. This ordinance will extend the franchise agreement with Time Warner for two years from 2002 to July 2004. Some provisions that are included in the ordinance are for a non- governmental access programming channel and the collection of gross revenues from the cable on-line services. This extension will also allow Time Warner to introduce a new service called "Road Runner" and amortize the capital cost over the term of the extended franchise agreement. There have been no changes since the presentation at the last meeting. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE EXTENDING A CABLE TELEVISION FRANCHISE WITH TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP TO PROVIDE CABLE TELEVISION SERVICE IN THE CITY OF ROUND ROCK, TEXAS; 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. The second reading of the ordinance will be held at the next Council meeting. 12.B.1. Consider an ordinance concerning Amendment No 3 to Planned Unit Development (PUD) No. 4, which will permit 26 single family, homes with increased development standards. (First Reading) Staff Resource Person: Joe Vining, Planning Director. • Applicant: Steven Smith, owner. Agent: Jim Stendebach. A public hearing was held for this item earlier in the meeting. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. Z-94-01-13-8M, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON JANUARY 13,1994, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS, AS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS TO REFLECT SAID AMENDMENT; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 166 October 8,1998 MOTION: Councilman Joseph moved to adopt the ordinance. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston 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. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 12.13.2. Consider an ordinance concerning the substitution of an at grade golf cart • crossing for aagr de-separated crossing at Hilton Head Drive between Forest Creek Section 10 and Forest Creek Section 14 (Amendment No 4 to Planned Unit Development (PUD) No 4). (First Reading) Staff Resource Person: Joe Vining, Planning Director. Applicant: KPKM H Ventures, Ltd. Agent: Randall Jones Engineering. A public hearing was held for this item earlier in the meeting. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. Z-94-01-13-8M, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON JANUARY 13, 1994, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS, AS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS TO REFLECT SAID AMENDMENT; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 169 October 8,1998 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: Mayor Pro-tem Stluka Councilman Hairston • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 12.B.3. Consider an ordinance concerning rezoning .92 acres of land also being Lot lA of the resubdivision of Lot 1, Corridor Park I from District C-1 (General Commercial) to District I-1 Industrial). (First Reading) Staff Resource Person: Joe Vining, Planning Director. Applicant: Corridor Pointe II, L. P. Agent: Bury & Pittman. A public hearing was held for this item earlier in the meeting. 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 (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE .92 ACRES OF LAND, BEING LOT lA OF THE RESUBDIVISION OF LOT 1, CORRIDOR PARK I, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) TO DISTRICT I-1 (GENERAL INDUSTRIAL). MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston 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 Councilman Hairston Councilman Stewart Councilman Palmer 170 October 8,1998 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 13.A.I. Consider a resolution approving a parade request and street closing on October • 25 1998 from 4.00 p.m. to 5.30 p.m. for the Oak Bluff Estates Homeowners Association Halloween parade and carnival. Staff Resource Person: Joanne Land, Assistant City Manager. Teresa Kampfe representing the Oak Bluff Homeowners Association requested permission to close the Forest Mesa cul-de-sac from 4:00 p.m. to 4:30 p.m. and the high end of the Scenic Terrace cul-de-sac from 4:00 p.m. to 5:30 p.m. on October 25, 1998 for their annual Halloween parade and carnival. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Oak Bluff Estates Home Owners Association has requested that Forest Mesa, as depicted on the attached map, be closed from 4:00 o'clock p.m. until 4:30 o'clock p.m., and that a portion of Scenic Terrace, as depicted on the attached map, be closed from 4:00 o'clock p.m. until 5:30 o'clock p.m., on October 25, 1998 for a Halloween parade and carnival, • 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 Forest Mesa, as depicted on the attached map,be closed from 4:00 o'clock p.m. until 4:30 o'clock p.m., and that a portion of Scenic Terrace, as depicted on the attached map, be closed from 4:00 o'clock p.m. until 5:30 o'clock p.m., on October 25, 1998 for a Halloween parade and carnival. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 8th day of October, 1998. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to adopt the resolution. Mayor Pro-tem Stluka • seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None s 171 October 8,1998 ACTION: The motion carried unanimously. 13.A.2. Consider a resolution adopting the 1998-1999 Hotel Occupancy Tax Budget. Staff Resource Person: Joanne Land,Assistant City Manager. This item was addressed earlier in the meeting. • 13.13.LConsider a resolution authorizing the closing of a portion of Harrell Parkway in Old Settlers Park at Palm Valley on October 17, 1998 from 5:00 A.M. to 6:00 P.M. for the Outlaw Trail 100. Staff Resource Person: Sharon Prete, Director. This is the 11'year for the Outlaw Trail 100. Staff requested permission to close Harrell Parkway in Old Settlers Park at Palm Valley on October 17, 1998 from 5:00 A.M.to 6:00 P.M. to hold this event. 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 17, 1998 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 17, 1998 for the Outlaw Trail 100. • The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 8th day of October, 1998. 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 Hairston Councilman Stewart Councilman Palmer • Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 3.C.1. Consider a resolution authorizing the Mayor to execute a contract with LanData Geo Services,Inc. for GIS base map rectification and contour generation. This item was withdrawn from the agenda. t'' 172 October 8,1998 13.D.1. Consider a resolution reimbursing Oak Hollow, Inc for the construction of the Oak Hollow Drive box culverts. Staff Resource Person: Jim Nuse, Public Works Director. The Oak Hollow, Inc. constructed a series of box culverts over Onion Creek as part of the Subdivision improvements. Originally the developer planned to enter FM3406 at a point at the overpass over the Georgetown rp g own Railroad that would cause limited sight distances and no opportunity for turning lanes causing a hazardous situation on FM3406. The site is adjacent to the Old Town Elementary School. In order to resolve the location issue the developer constructed a box culvert structure with the anticipation of repayment when funds were available from the City. The project was included in the 1995 G.O. Bond program at a funding level of$170,000. This amount was established by the construction cost of$172,316 paid by the developers. This bond item was approved by the voters and funded in the second funding of the CIP proceeds. Staff recommended reimbursement of$170,000 to Oak Hollow, Inc. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, box culverts on Oak Hollow Drive were necessary to preserve or protect the public health or safety of the City's residents, and • WHEREAS, in order to construct the Oak Hollow box culverts as soon as possible, and in order to preserve or protect the public health or safety of the CityJEs residents, and pursuant to Section 252.022(a)(2) of the Local Government Code,bids were not required, and WHEREAS, Oak Hollow, Inc. agreed to construct said box culverts as part of the subdivision improvements construction and to be reimbursed from bond proceeds when available, and WHEREAS, bond funds are now available and the City Council wishes to reimburse Oak Hollow, Inc. for said box culverts,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City hereby finds that the construction of the Oak Hollow Drive box culverts was necessary to preserve or protect the public health or safety of the City's residents and that the reimbursement to Oak Hollow, Inc. of $170,000.00 for the construction of the box culverts is approved. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 8th day of October, 1998. CHARLES CULPEPPER,Mayor is 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: Mayor Pro-tem Stluka f 173 r October 8 1998 Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • 13.E.1. Consider a resolution authorizing the Mayor to renew a contract with Linebarger Heard Goggan Blair Graham Pena& Sampson Attorneys at Law, for the collection of delinquent property taxes. Staff Resource Person: David Kautz, Finance Director. The contract employs Linebarger Heard ("the firm") to enforce by suit or otherwise the collection of all delinquent .q; property taxes, penalty and interest on behalf of the City. The current contract with the firm expired September 30, 1998 and this renewal would be for a 3-year term. The collection process is funded by the 15% collection fee added to delinquent tax accounts. Councilman Stewart said he was satisfied with the fast results of the firm. Mayor Culpepper read the following resolution. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain professional services for the collection of delinquent taxes, and WHEREAS, Linebarger Heard Goggan Blair Graham Pena & Sampson, LLP has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with Linebarger Heard Goggan Blair Graham Pena& Sampson, LLP,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 Linebarger Heard Goggan Blair Graham Pena & Sampson, LLP for the collection of delinquent taxes, a copy of said contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 8th day of October, 1998. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: • JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez 174 October 8,1998 Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.E.2. Consider a resolution authorizing the Mayor to execute an agreement for financial advisory services with First Southwest Company., Staff Resource Person: David Kautz, Finance Director. The financial advisor assists the City staff on the appropriateness of bonded • indebtedness financing structure, assists in obtaining credit ratings and advises on the timing, marketing and fairness of the pricing and terms of bond sales. Services provided also include conducting bond sale bids and negotiations with prospective investors. First Southwest Company's knowledge and experience in the financial markets have proven highly beneficial to the City in obtaining the lowest and best costs on its bonds. The agreement is for a three-year term Staff recommended approval. The Council complimented Garry Kimball for the good work he has done for the City. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain financial advisory services, and WHEREAS, First Southwest Company has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with First Southwest Company,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 First Southwest Company for financial advisory services, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 8th day of October, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper �- „ 175 October 8,1998 Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: None DISBURSEMENTS: 15.A. Consider payment of$25,605.60 to Baker-Aicklen&Associates Inc for the • Greenlawn Boulevard Extension/Greenlawn-IH-35 Interchange. The current contract price is $399,284.52 and the project is funded from Economic Development Sales Tax. 15.B. Consider payment of$80,085.00 to C.C. Carlton Construction of Austin Inc for the Reclaimed Wastewater Pipeline. The current contract price is $341,100.00 and the project is funded from Water/Wastewater System Construction Funds. 15.C. Consider payment of$136,712.70 to C.C. Carlton Construction of Austin, Inc for the Texas Avenue Drainage Improvements. The current contract price is $292,077.00 and the project is funded from 1996 General Obligation Bonds/Regional Detention Funds. 15.D. Consider payment of$171,742.90 to CP Snider Construction Co., Inc for the Public Library Expansion. The current contract price is $2,860,000.00 and the project is funded • from 1996 General Obligation Bonds. 15.E. Consider payment of$32.420.00 to Camp Dresser&McKee Inc for the Water Treatment Plant improvements and expansion The current contract price is $973,200.00 and the project is funded from Water System Construction Funds. 15.F. Consider payment of$92,836.00 to Camp Dresser&McKee,Inc for the Disinfection Basin and Wastewater Recovery improvements The current contract price is $143,020.00 and the project is funded from Water System Construction Funds. 15.G. Consider payment of$39,369.00 to Camp Dresser&McKee, Inc for the Wastewater Treatment Plant Phase I &II Filter Improvement Project The current contract price is $43,950.00 and the project is funded from Water System Construction Funds. 15.H. Consider payment'of$115,326.88 to Chasco Contracting for the Eggers Acres • Street Improvements. The current contract price is $996,515.10 and the project is funded from 1996 General Obligation Bonds. 15.I. Consider payment of$42.816.00 to HDR, Inc for the design phase of the Water System Improvements. The current contract price is $534,400.00 and is funded by Water System Construction Funds. 176 October 8,1998 15.J. Consider payment of$52.259.00 to SetPoint Builders Inc for the Public Works Building Additions and Alternations Improvements The current contract price is $524,000.00 and is funded by Self-Financed Construction. 15.K. Consider payment of$14,500.00 to Spencer Godfrey Architects for the design of the Clay Madsen Recreation Center. The current contract price is $293,165.00 and the project is • funded from 1996 G.O. Bonds. MOTION: Councilman Joseph moved to approve the disbursements. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITY MANAGER'S REPORT: None COUNCIL COMMENTS: Mayor Culpepper said that after the recent incident that occurred during a Council • yg meeting in California, he wants staff to draft a concealed handgun ordinance for City Hall and especially the Council Chambers. Councilman Hairston asked if all the City buildings can be included in the ordinance. Mayor Pro-tem Stluka said he attended a teleconference that was arranged by County Commissioner Mike Heiligenstein's office and sponsored by the National Association of Counties,National League of Cities, the International City and County Management Association dealing with local government and the year 2000. He said that if the City had not designated a staff person to be the coordinator for looking at all of the implications for Y2K he encouraged staff to do so. That individual needs to coordinate with Julie, in Commissioner Heiligenstein's office, who has been designated as the Williamson County Coordinator for all local governmental entities on this particular issue. David Kautz said the City is already Y2K compliant. The systems are currently being installed. The Financial System went live on October lst, the Human Resources and Payroll System will be live on January 1st and the Utility Billing System will be live by April. The 6 i l ' r I I 00 179 October 8,1998 personal computers and network systems are all fairly new equipment and should be compatible. Staff is aware of the concern and is keeping on top of it. Councilman Hairston wished a Happy Birthday to Councilman Palmer and a Happy Birthday to Whitney Rene Hairston, his daughter. Councilman Hairston encouraged the residents to attend the 49th Division Band Concert that is being sponsored by the Veterans of Foreign War • School from 2:00 .m.to 4:00 .m. Post 9078 on Saturday, October 10th at Hopewell Middle S p P Councilman Palmer thanked everyone who had wished him a Happy Birthday. He encouraged everyone to attend the Williamson County Sesquicentennial, Cowboy Jubilee and Outlaw Trail and fireworks display. ...; ::. Councilwoman Chavez wished a belated speedy recovery to Patti Kautz, wife of David Kautz. Councilwoman Chavez added that October is Breast Cancer Awareness Month. Councilman Joseph wished a Happy Birthday to Councilman Palmer and to Councilman Hairston's daughter,Whitney. Mayor Culpepper announced that the Sertoma Club is having their annual Blue Santa Casino Night*to raise money for the Operation Blue Santa on Saturday, October 10th at Old • Settlers Park. Councilman Palmer recognized Mr. Louis Repa who was in the audience and is running for County Commissioner,Precinct No. 4. ADJOURNMENT: There being no further business, the meeting adjourned at 9:45 p.m. Re ectfully Submitted, Joanne Land, Assistant City Manager/ City Secretary 180 October 22, 1998 The Round Rock City Council met in Regular Session on Thursday, October 22,-1998 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. PLEDGE OF ALLEGLANCE ROLL CALL: Those members present were Mayor Charles Culpepper,Mayor Pro-tem 4 Robert Stluka, Councilman Earl M. Hairston, Councilman Rick Stewart, Councilman Earl • Palmer, CouncilwomanMartha 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: Special Called Session October 6, 1998 and Regular f Session October 8, 1998. Councilman Hairston amended the draft minutes of October 8, 1998 by adding to page 13, after Mayor Pro-tem Stluka's remarks to John Gordon, "Councilman Hairston thanked John Gordon and the other citizens who were involved with SH-130 and other community issues noting that citizen involvement is essential to good government." MOTION: Councilman Joseph moved to approve the minutes as amended. Councilman Palmer seconded the motion. • VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Mayor Culpepper announced that due to the number of people who wish to speak, a 3 minute time limit will be enforced and anyone who wishes to speak longer than 3 minutes may do so at the end of the meeting. • Rod Morgan, 2007 N. Mays, Suite 107, expressed his support of baseball for Round Rock and opposition of single member districts. Posey McClung, 1603 Karen.Cove, spoke in favor of baseball for Round Rock. She also announced the Senior Citizens Foundation will begin selling daffodil bulbs on November 1st to benefit of the Senior Center. 181 October 22, 1998 Gretchen Pruett, 1711 Amber Skyway Cove,read the following letter from State Representative Mike Krusee. "Thank you for your recent letter concerning SH-130 (Ms. Pruett noted the letter was written in response to another citizen). As you know, this project has caused considerable controversy for many reasons. However, the absolute necessity of SH-130 is • questioned by few. As I have participated in the discussion regarding the route of SH-130 I have come to the conclusion that a route east of Rourid Rock is in the best interest not only of Round Rock but also for Williamson County and the Central Texas region as a whole. Two questions I have grappled with for the past year are: what route can be built quickest and which route will have the most beneficial impact on Williamson County. After meetings with the Texas Department of Transportation(TxDot) and independent engineers, it has become clear to me that several assumptions that TxDot and their planners have made are not accurate. In fact, TxDot has confirmed to me that the model they used to make certain pertinent decisions regarding routing is outdated and they are in the process of updating the program. They were actually required to use this outdated program by inflexible federal • regulations. One question I posed t9 TxDOT resulted in them correcting a mistake,which revised the cost estimate of the W5 route downward by several million dollars. Also,the population density estimates that have been used as predictors for the past several years have consistently and significantly underestimated the population growth in the area. For these reasons and others, I have become convinced that the W5 route can be constructed as quickly as the W2 route. Regarding my second concern, I believe one of the most positive aspects of SH-130 will be its ability to attract economic development. If SH-130 is built on the W2 route there will be no ability to construct the type of projects that add to the tax base of the county. A more easterly route would allow companies to locate along the important link to IH-35 and the Airport. I know after speaking with Michael Dell•that easy access to SH-130 was an important consideration of • Dell Computer when they were choosing the site for their new plant. The W5 route only changes the routing in Round Rock. Travis County and Georgetown would not be affected by any change. Many mistakes have been made by many people regarding this highway. Some have been intentional,most have not. Unfortunately, as with most political decisions,not everyone is going to be happy with the final outcome. 182 October 22, 1998 The Round Rock City Council,Mayor Culpepper, Judge Doerfler, Senator Ogden, and myself, have come to the conclusion that SH-130 will best serve the region if it passes east of Round Rock. I believe everyone involved has done their best to consider the competing interests in this debate. My concern now is to ensure that SH-130 is built as expeditiously as possible. Sincerely,Mike Krusee." • John Gordon, 1007 Green Meadow, spoke in favor of single member districts. Mr. Gordon said, I still would like to challenge any of the City Council that do not approve of this on any forum, on this TV or network TV downtown to debate me on the reasons why single members districts is being brought forth by 1,700 citizens." David Pruett, 1711 Amber Skyway Cove, expressed his support for single member districts. - Roy Beard, 1629 Scenic Loop, expressed his satisfaction of the Council's performance and opposition of single member districts. William H. Camp, 2310 Stirrup Drive, spoke in favor of single member districts. Teke Baker, 2301 Creekview Drive, expressed his satisfaction of the response he has received from the Council and opposed single member districts. Mr. Baker thanked the Council • for the service they have given to the City. Keith Hickman, 1908 Shadowbrook Circle, expressed his opposition of single member districts. He added that the Round Rock Chamber of Commerce voted unanimously to oppose Proposition No. 2. Mr. Hickman thanked Mr. Sheets for his letter in the Round Rock Leader to uphold the honor of Judy McLeod who is a very important citizen in the community. John Moman, 1701 Johnson Way,reported about what the Chamber of Commerce is doing regarding Frontier Days. The Chamber voted not to participate in this beginning next year but they have sponsored and hosted several meetings at the Chamber and several civic organizations such as Sertoma,Noon Lions,Rotary, El Amistad, Morning Kiwanas,Noon Kiwanas,Round Rock Jaycees participated in the meetings. The Council approved to fund • $5,000 to this event. What they are doing is trying to get a coalition of groups to host this because it is a big event and takes a lot of volunteer efforts and work and there is a 18 :6i people involved in this and will go on through a different structure. Bill Albee, 1702 Johnson Way, expressed his opposition of Proposition No. 1 and explained the reasons for his opposition. 18 3 October 22, 1998 Jim Brock, 2608 Quanah Drive,thanked the Council for"the job and leadership you have shown in guiding our City."Mr. Brock noted that bringing a minor league baseball team to Round Rock would improve the quality of life and be a positive impact on the community. Rusty Boles, 213 N. Mays, expressed his support of the baseball team. Mr. Boles • responded to statements made by Mr. Albee during a recent radio station interview. Michael Fitzpatrick, 2305 Woodway Drive, expressed his support of baseball in Round Rock. He noted that as Round Rock grows,the community must continue to take a proactive position in regards to the encouragement of youth and senior activities and community events where families as a whole can participate. Brittany Paxman, 600 Cambridge, is in the 5th grade at Berkman Elementary. Miss Paxman expressed her support for Proposition No. 1 for baseball. Jay Miller, 7 Meadow Run, offered information on Nolan Ryan and expressed his support of what the Ryan's want to do in Round Rock. Warren Dannelly, 14 Shaded Way, expressed his support of minor league baseball in Round Rock. • Jim Boles, 2201 Hairy Man Road, expressed his opposition of single member districts. Mr. Boles asked if there were public hearings or public input for all citizens concerning the lines that were drawn for single member districts. R.D. Sneed, 118 E. Main Street, expressed his support for a multi-use/baseball facility in Round Rock. He gave examples of revenue generating events held in other multi-use facilities. Reid Ryan, 27 Meandering Way, expressed his support of baseball and relayed who would be losing if Proposition No. 1 does not pass. He encouraged everyone to vote yes for Proposition No. 1. Mayor Culpepper recognized Brian Gordon who is playing professional baseball for the Arizona Diamondbacks. • PROCLAMATIONS: 6.A. Consider a proclamation proclaiming"DELA Free Enterprise Week: Sometimes we forget how well it works!" Mayor Culpepper read the appropriate proclamation and presented it to students of Westwood High School and Steve Frank, their teacher. The students invited the Council to the opening of their Coffee Shop at Westwood High School on November 2nd,which is an example of Free Enterprise. 184 October 22, 1998 PRESENTATIONS: 7.A.1. Consider a presentation on the proposed budgets for the Ron Sproull Memorial Fund and the Park Development Fund. Staff Resource Person: Sharon Prete, Parks and Recreation Director. The budgets for the Ron Sproull Memorial Fund and the Park Development Fund are brought before the Council on an annual basis. Ms. Prete outlined the following • budgets. Ron Sproull Memorial Fund Revenue: Balance Forward $ 4,106 Interest Income 6,287 Total $10,393 Expenditures: Contracted Services $ 8,000 - for annual maintenance Contingency 2,393 Total $10,393 Park Development Fund Budget Revenue: Fund Balance $118,734 Sports League Fees 11,170 Jr. Golf 125 • Kiwanis Donation 7,500 Developer Contributions 2,929 Interest Income 7,364 Total $147,822 Expenditures: McNeil Park Sports Complex Lighting Repairs $1,500 Contingency' 13,273 Old Settlers Park at Palm Valley Handicapped Accessible 7,500 - donation from the noon Kiwanis Youth Sports Contingency 70,620 Veteran Park Playground Restoration 30,000 Vehicle 21,000 - for the Urban Forester Contingency 3,929 Total $147,822 This will be brought back to the Council's next meeting for approval. • 7.B.1. Consider a presentation concerning road improvements to County Road 122 Staff Resource Person: Jim Nuse,Public Works Director. The limits of these improvements would be the south side of the Brushy Creek Bridge near US 79 on the north and the intersection of Forest Creek Drive on the south. The roadway section will consist of three 12-foot lanes plus two shoulders at 4 feet. One lane is for the southbound traffic and the other is for the northbound traffic and will have a continuous turn lane. It will be necessary to acquire some right-of-way for 185 October 22, 1998 the road. Mr. Nuse added that this roadway will ultimately be a six lane road in about 40 years. It will begin with three lanes for 15 years and then will be improved into a four-lane road for 25 years. Construction cost is estimated at$748,800. Mr.Nuse added that staff will bring back for the Council's approval an engineering agreement with Baker-Aicklen&Associates, Inc. for the • design of these improvements. In response to Councilman Hairston's question, Mr.Nuse said staff does not anticipate any improvements to the bridge. 7.C.1. Consider a presentation regarding issuance of the Capital Area Housing Finance Corporation's 1998 and 1999 Bonds for financing home mortgages. Staff Resource Person: Joe Vining, Planning Director. He noted that the City participated in the 1995 and 1997 programs to assist individuals of low and moderate income to obtain decent, safe, sanitary, and affordable housing located within the boundaries of the sponsoring local governments. Mr. Searcy, Attorney for the Capital Area Housing Finance Corporation,went over and highlighted the material provided to the Council. In response to Councilman Joseph's question, Mr. Searcy said the rate that is estimated • for the 1998 taxable issue will be anywhere from 7.5 to 7.7%but that includes 4 points down payment assistance. Councilman Hairston said, "Mr. Searcy you noted that it was not limited to first time homeownership but is there a limit cap for median family income?"Mr. Searcy said the State statute under which the Housing Corporation Acts limits them to assisting persons of low and moderate income. The statute allows the Board of Directors to fix lower moderate income and they have chosen for this issue 140% of the median family income. For Williamson County $60,960 will be for a family of two or lower and for three or more$71,120. In response to Councilman Hairston's question,Mr. Searcy said the average cost of house prices in the 1995 issue was $83,.148 and$88,215 for the 1997.issues. • PUBLIC HEARINGS: None ORDINANCES: 9.A.1. Consider an ordinance approving the extension of the Time Warner Entertainment Company Franchise. (Second Readings Staff Resource Person: Bob Bennett, City Manager. This ordinance extends the franchise agreement with Time Warner to the year 2004. This allows Time Warner to introduce a new service and amortize the capital cost over the term of the extended 186 October 22, 1998 franchise agreement. The first reading of the ordinance was approved on October 8, 1998. There have been no changes since the first reading of the ordinance. In response to Mr. Bennetts question, Steve Faraby, General Manager for Road Runner Services,responded that as soon as the ordinance is approved they can move forward with the ordering of the equipment and have the Road Runner service set up as soon as possible. • Councilman Hairston asked Mr. Faraby how long before the schools will receive free service. Mr. Faraby said as soon as they make the commercial service available. Currently, they are working off a list of customers that inquired about the service prior to it being offered and is still in a testing stage. Mr. Faraby added that once everything is set up and working properly the service will be made public and they will meet with School officials to discuss a deployment plan for the schools. Councilwoman Chavez asked if the School District will have their own access channel to use for Teleconferences since the current access channel is being shared by both the City and School District. Mr. Faraby said he did not know but Ms. Agraz, Public Relations Director, can answer that question. Councilwoman Chavez asked if it was correct that the FCC was requiring Time Warner • q to offer free modems to each school. Mr. Faraby said Time Warner actually volunteered, as part of the Social Contract with the FCC, to offer a free modem to every Kindergarten to 12th grade public and private school within the service area that has access to cable. Mr. Faraby added that the plan is in conjunction with the Cable in the Classroom Program where video services are provided for the schools. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE EXTENDING A CABLE TELEVISION FRANCHISE WITH TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP TO PROVIDE CABLE TELEVISION SERVICE IN THE CITY OF ROUND ROCK, TEXAS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR • RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph 187 0dob@r 2211"1 yof QjImpa Now NON Th®motion oi@d unanimowiy: f the cmma E' itw s e • og;mann* iii AbOl Ua l r. The � t��• ®�a� l�hl�� 1��agl��ll�ds 1 it aulQute g�n1 4$,%999twW 1hF-s6=u1WqWrftpu1Ajg0hWMgSwas Houlbaag:hursday, Sept emb r , 1998. Mayor Culpepper re t on f the ordin n , O CE NO. AN Q3ZffNWQM AWEM ` r 11R01M TRMMRc1FI1WVM $ BJH$ ADT 'Il:l a RM01, 1(AN91;WXAXCl1$Ml9Rf FMRW,n SVBW AWOM 1 F99AjMEA D X9Q Z 1 IlMI : MVONNEMOSA,0FOV RA91G SATCN- RW, yHB1 9IA%YWXfflNXWQM)tIGHTS • AND PRIVILEGES OF OTHER CIT E BE BOUND BY THE ACTS AND ORDR hfflWaw,04IM1 MAND Ot 1 I �• 0 n1 IDING FOR A SEVERABILITY CLAUSE AND P ING AN EFFECTIVE DATE; PROVIDING FORndAi Lam, G. CLAUSE AND REP CONFLICTING ORDINANCES OR RESOLUTIONS. VOTE: Ayes: Mayor Pro- m a MOTION: Councilman Joseph ¢• ance. Councilwoman Chavez Councilman S w seconded the motion. Councilman Pa r Councilwoman ve VOTE: Ayes: 1aa7wMruike1ns9 a 1Stlayedmulp0pilsto Noes: Nwacilman Stewart Councilman Palmer ACTION: The motion carried)mtsiyn Chavez Councilman Joseph MOTION: Councilman JosepUz with nd reading of the Noes: None ordinance with the unanimous consent of all the Councilmembers r ent. CouncilmanPalmer ACTION: The motion carried unanimously. seconded the motion. • MOTION: Councilman Joseph moved to dispense with the se reading of the VOTE: Ayes: Mayor Pro-tem Stluka ordinance with the unanimous consenCof hithtaG aicsl tubers presen oun loran Palmer Councilman Stewart seconded the motion. Councilman Palmer Councilwoman Chavez VOTE: Ayes: lieinaiihka Gb.ttwiEWPd# ston I---- Noes: Uamcilman Stewart Councilman Palmer ACTION: The motion Carried)a��yn Chavez Councilman Joseph 188 October 22, 1998 Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.B.1. Consider an ordinance concerning the annexation of 40 acres of land out of the J.M. Harrell Survey, Abstract 284. (Kouri Traci) (First Reading) Staff Resource Person: Joe Vining, Planning Director. This is a voluntary annexation made at the request of the owner. The • tract was formerly known as the Kouri Tract and is now known as La Frontera. This tract is adjacent to IH-35 on the eastern boundary. The first public hearing was held at a Special Called Council meeting on Tuesday, September 22, 1998 and the second required public hearing was held on Thursday, September 24, 1998. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 40 ACRES OF LAND OUT OF THE J.M HARRELL SURVEY, ABSTRACT 284, IN WILLIAMSON COUNTY; 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; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston 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 Hairston Councilman Stewart Councilman Palmer . Councilwoman Chavez Councilman Joseph October 22, 1998 189 Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.B.2. Consider an ordinance concerning adopting original District C-1 (General Commercial) zoning on 40.00 acres of land. (Kouri Traci) (First Reading) Staff Resource • Person: Joe Vining, Planning Director. On September 16, 1998,the Planning and Zoning Commission recommended adoption of original C-1 (General Commercial) zoning on this tract of land. The public hearing before the City Council concerning this original zoning request was held on October 8, 1998. Applicant: 35/45 Investors, L.P., General Partner. Agent: W.S. Smalling. 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 (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 40.00 ACRES OF LAND OUT OF THE J.M. HARRELL SURVEY, ABSTRACT 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Palmer p p seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 190 October 22, 1998 10.A.1. Consider a resolution authorizing the street closing of East Main Street at the Sam Bass Baseball Fields west to Round Rock Avenue; west on Round Rock Avenue to Lee Street;north on Lee Street to Anderson Avenue; Anderson Avenue east to C D Fulkes Middle School on October 29. 1998 from 5:30 p.m. to 6:30 p.m. for the Annual Round Rock Homecoming Parade. Staff Resource Person: Joanne Land, Assistant City Manager. • Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Round Rock High School Student Council has requested that the following streets be closed from 5:30 o'clock p.m. until 6:30 o'clock p.m. on October 29, 1998 for the Annual Round Rock Homecoming Parade: East Main Street from the Sam Bass Baseball Fields to Mays Street; Round Rock Avenue from Mays Street to Lee Street; Lee Street from Round Rock Avenue to W. Anderson Avenue; and W. Anderson Avenue from Lee Street to C.D. Fulkes Middle School, 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 Main Street, Round Rock Avenue, Lee Street and W. Anderson Avenue be closed as set forth above from 5:30 o'clock p.m. until 6:30 o'clock p.m. on October 29, 1998 for the Annual Round Rock Homecoming Parade. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. • RESOLVED this 22nd day of October, 1998. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilwoman Chavez moved to approve the resolution. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None • ACTION: The motion carried unanimously. 103.1. Consider a resolution authorizing the Mayor to execute an agreement with J Michael Faulk. Architect for the design of a Fire Station at the Deepwood site Staff Resource Person: Jim Nuse,Public Works Director. This agreement is for$61,860 and includes engineering services as well as the architectural design. The engineering services include 191 October 22, 1998 structural,plumbing, electrical, air conditioning, civil engineering, landscape and irrigation design. The total construction cost for this project is estimated at$750,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the design of a Fire Station at the Deepwood site, and • WHEREAS, J. Michael Faulk, Architect has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with J. Michael Faulk, Architect,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 J. Michael Faulk, Architect for architectural services for the design of a Fire Station at the Deepwood site, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon,all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of October, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. I O.B.2.Consider a resolution authorizing the Mayor to execute Contract Change Order No. 4 to Chasco Contracting, Inc. for the Egger Acres Street and Drainage Improvement Pro-ject • Staff Resource Person: Jim Nuse,Public Works Director. This change order will provide additional quantities for driveways, driveway approaches, and resolution of two lot drainage problems and adjusts the sidewalk width on Larry Lane from five(5) feet to four(4) feet. These changes are necessary to accommodate actual field conditions. This change order is in the amount of$29,157.40 and will make the current contract amount$1,025,672.50. This change 192 October 22, 1998 order and the project are funded from the 1996 General Obligation Bond Program. Staff recommends approval. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") • with Chasco Contracting, Inc. for the Egger Acres Street, Drainage, and Waterline Improvements Project, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 4,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 Contract Change Order No. 4 to the Contract with Chasco Contracting, Inc. for the Egger Acres Street,Drainage, and Waterline Improvements Project. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of October, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.B.3. Consider a resolution authorizingthe he Mayor to execute an easement and right- of-way to Texas Utilities Electric Company on the City of Round Rock Golf Course propga. Staff Resource Person: Jim Nuse,Public Works Director. A metes and bounds description and • sketch accompanying the dedication document describe the easement. The easement will provide access to the main underground electrical power feed which will be located in a public utility easement on the lots which back up to the golf course in Forest Creek, Section 14 Subdivision. At one location the electrical conduit and line will be on the golf course property for one lot width to avoid a tree on the lot. Staff recommends approval. 193 October 22, 1998 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Texas Utilities Electric Company has requested an easement and right-of- way in order to provide access to a main underground electrical power feed to be located in the Forest Creek, Section 14 subdivision, and WHEREAS, the City Council wishes to grant Texas Utilities Electric Company's request, 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 easement in order to provide access to a main underground electrical power feed to be located in the Forest Creek, Section 14 subdivision, a copy of which is attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of October, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. I O.B.4.Consider a resolution authorizing the Mayor to execute an easement to Texas Utilities Electric Company and Enserch Corporation on Lot 7,Block A City Centre Business Park Subdivision which was dedicated to the City of Round Rock by plat for park purposes Lot 7,was dedicated to the City of Round Rock by plat for park purposes Staff Resource Person: • Jim Nuse,Public Works Director. The easement will provide gas service to the subdivision and is described by a metes and bounds description and sketch accompanying the dedication document. Staff recommends approval. Mayor Culpepper read the following resolution. RESOLUTION NO. 194 October 22, 1998 WHEREAS, Texas Utilities Electric Company and Enserch Corporation have requested an easement and right-of-way in order to provide gas service to Lot 7, City Centre Business Park Subdivision, and WHEREAS, the City Council wishes to grant Texas Utilities Electric Company's and Enserch Corporation's request,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 easement in order to provide gas service to Lot 7, City Centre Business Park Subdivision, a copy of which is attached hereto and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of October, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.B.5. Consider a resolution authorizingthe to execute a contract with Nelson Lewis for the South Creek Waterline Replacement Program. Staff Resource Person: Jim Nuse, Public Works Director. Four bids were received for the South Creek project that contains 238 services that will be replaced. Staff recommended award of the contract to Nelson Lewis in the amount of$318,801.00. In response to Councilman Joseph's request,Mr.Nuse outlined the Christmas and New Year schedule for this project. • Councilman Hairston asked that the 1998-1999 tentative schedule of the work that will be done in the other subdivisions be published in the City Beat column of the Round Rock Leader. At Councilman Hairston's request, Mr.Nuse also outlined the tentative schedule. Mayor Culpepper read the following resolution. RESOLUTION NO. 195 October 22, 1998 WHEREAS, the City of Round Rock has duly advertised for bids for the South Creek Waterline Replacement Program, and WHEREAS,Nelson Lewis, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Nelson Lewis, 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 Nelson Lewis, Inc. for the South Creek Waterline Replacement Program. • The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of October, 1998. 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.C.1.Consider a resolution approving the draft of the City of Round Rock General Plan Goals. Staff Resource Person: Joe Vining,Planning Director. The General Plan Goals encompass the ideas and a conclusion from this summer's Planning and Design Citizen Workshops and the Council Retreat. The public hearing was held before the City Council on October 8, 1998. These will give staff the support they need on the goals to go ahead with the process of updating the General Plan which will be brought back to the Council at the end of the planning process for adoption by ordinance. • Councilman Hairston asked if this document will be available in the Public Library. Mr. Vining said,yes and it is also on the City's website. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the General Plan for the City of Round Rock is a planning document which has guided the City in planning an orderly and livable community with a high quality of life, and 196 October 22, 1998 WHEREAS, the General Plan is adopted in Section 11.200 of the Code of Ordinances (1995 Edition) City of Round Rock, and WHEREAS, the General Plan has been periodically updated since its initial adoption in 1969, and WHEREAS, 68 citizens of the City participated in Planning and Design Workshops during the summer of 1998 to identify ideas and issues which were considered important for maintaining a high quality of life and a strong sense of community identity, and WHEREAS, the foregoing ideas and issues have been incorporated into a draft of proposed General Plan Goals, (attached hereto as Exhibit "A") which embody the spirit and • vision of the citizen participants in the Planning and Design Workshops, and WHEREAS, the proposed General Plan Goals are intended to be included in a future revision to the General Plan, and WHEREAS, the Council wishes to give its approval of the draft of the General Plan Goals,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves the draft of the General Plan Goals for inclusion in the revised General Plan. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of October, 1998. 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 • p pp Y seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.C.2.Consider a resolution authorizing the Mayor to execute a contract with LanData Geo Services, Inc. for GIS base map rectification and contour generation. Staff Resource Person: Joe Vining,Planning Director. These funds were authorized in the 1996 General Obligation bond • election. The base map rectification and contour generation is required to display the City's existing GIS layers in correct position over aerial mapping photography. RESOLUTION NO. WHEREAS, the City of Round Rock. desires to retain professional services for Geographical Information System(GIS)base map rectification and contour generation, and WHEREAS, Landata Geo Services, Inc. has submitted an agreement to provide said services, and 197 October 22 1998 WHEREAS, the City Council desires to enter into said agreement with Landata Geo Services, 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 Landata Geo Services, Inc. for Geographical Information System (GIS)base map rectification and contour generation, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and • subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of October, 1998. CHARLES CULPEPPER,Mayor ATTEST: City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph • Mayor Culpepper Noes: None ACTI • The motion carried unanimously. 10.C.3. Consider a resolution sWportin the he Capital Area Housing Finance Corporation's 1998 and 1999 Bonds for financing home mortgages. Staff Resource Person: Joe Vining, Planning Director. A presentation was made on the item earlier in the meeting. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Capital Area Housing Finance Corporation (the "Corporation") was incorporated pursuant to the Texas Housing Finance Corporations Act of 1979, as amended, Chapter 394 of the Local Government Code (the "Act"), by the governing bodies of the City of San Marcos, Texas, and each of the Texas counties of Bastrop, Blanco, Caldwell, Fayette, Hays, Llano, and Williamson (the "Local Governmental Units"), to.,provide a means of financing the cost of residential ownership and development that will provide decent, safe, and sanitary • housing for individuals and families of low and moderate income, and WHEREAS, the Corporation's Articles of Incorporation were amended effective March 11, 1998 to add the Texas counties of Burnet and Lee as Local Governmental Units of the Corporation, and WHEREAS, the Corporation intends to issue its Taxable Single-Family Mortgage Revenue Bonds (GNMA and Fannie Mae Mortgage-Backed Securities Program), Series 1998A (the "1998 Bonds") and its Single-Family Mortgage Revenue Bonds (GNMA and Fannie Mae Mortgage-Backed Securities Program), Series 1999 (the"1999 Bonds"), and WHEREAS, Section 394.005 of the Act provides that the Act does not apply to property located within a municipality with more than 20,000 inhabitants unless the governing body of the municipality approves the application of the Act to the property, and 198 October 22, 1998 WHEREAS, the Corporation has requested the governing body of the City of Round Rock, Texas (the "City") to provide, with the proceeds of the issuance of the Corporation's 1998 and 1999 Bonds, financing for home mortgages for homes located in that area of the City located within Williamson County, Texas,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, 1. The recitals are incorporated in and made a part of this Resolution. 2. The City Council approves the application of the Act to property within the City that is located within Williamson County, Texas, and grants its approval to the Corporation for use of the proceeds of the 1998 and 1999 Bonds to finance home mortgages for homes located • within that portion of the City. 3. To demonstrate the City's desire to participate in the Corporation's 1998 and 1999 mortgage revenue bond programs, a certified copy of this Resolution will be forwarded to the Corporation. The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of October, 1998. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Stluka seconded the motion. • VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.D.1. Consider a resolution authorizing the Mayor to execute a contract and Change Order No. 1 with Hayden Concrete. Inc. for the construction of a hike and bike trail in Greekmont West Park. Staff Resource Person: Sharon Prete,Director. Staff advertised for bids for the construction of the hike and bike in Creekmont West Park. One bid was received from Hayden Concrete, Inc. in the amount of $705,517.74. Staff recommended award of the contract as well as the change order which will allow for modifications,bringing the project into budget. The actual cost of the project will be $62,075.05 and will not change the trail system. Modifications were made to the sidewalk area on Oakridge from a 6' sidewalk to a 4' sidewalk and one loop will be eliminated. Staff met with the residents and they are in concurrence with the modifications. 199 October 22, 1998 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of a hike and bike trail in Creekmont West Park, and< WHEREAS,Hayden Concrete, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Hayden Concrete, 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 and Contract Change Order No. 1 with Hayden Concrete, Inc., for the construction of a hike and bike trail in Creekmont West Park, a copy of said contract and Contract Change Order being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of October, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.D.2. Consider a resolution authorizing the Mayor to execute an amendment to the agreement with Spencer Godfrey Architects for the Clay Madsen Recreation Center. Staff Resource Person: Sharon Prete,Parks and Recreation Department. The original design contract was based on a$2.4 million project,which was expanded to $4.8 million. A modification to the • original contract was approved by Council on June 11, 1998 which reflected the overall change from$2.4 million to $4.8 million dollars,but did not reflect the specific increase in Basic Architectural Services Fees from$185,000.00 to $290,000.00. The present second modification will reflect the correct Basic Architectural Services Fees of$290,000.00. Mayor Culpepper read the following resolution. RESOLUTION NO. 200 October 22, 1998 WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Spencer Godfrey Architects for architectural services for the design of the Clay Madsen Recreation Center, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Agreement Modifying Written Contract,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 Modifying Written Contract with Spencer Godfrey Architects for architectural services for the design of the Clay Madsen Recreation Center, a copy of said agreement being • attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of October, 1998. 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 Hairston Councilman Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.D.3. Consider a resolution authorizing an easement and right-of-way for water and wastewater somewhere for Parks and Recreation. Staff Resource Person: Sharon Prete,Parks and Recreation Director. This item was withdrawn from the agenda. APPOINTMENTS: None DISBURSEMENTS: 12.A. Consider payment of$50,000.00 to Allied Consultants, Inc. for the Implementation of the Finance Computer System Software. The current contract price is • $355,000.00 and is funded from 1997-1998 General Operating Budget Revision No. 1. 12.B. Consider payment of$37,890.00 to C.C. Carlton Construction of Austin, Inc for the Wilderness Way Drainage Improvements. The current contract price is $98,170.00 and the project is funded from 1996 General Obligation Bonds (F42). 201 October 22, 1998 12.C. Consider payment of$45,790.00 to Cunningham Constructors &Associates,Inc. for the Water Treatment Plant Phase I &II Improvements. The current contract price is $234,800.00 and the project is funded from Water System Construction Funds. 12,D. Consider payment of$14,297.00 to Psencik Construction Ltd. for backflow • prevention devices. The current contract price is $106,281.00 and the project is funded from Water/Wastewater System Construction Funds. 12.E. Consider payment of$12,311.18 to RJN Group, Inc. for engineering services associated with the Sanitary Sewer Evaluation Study(�SSES The current contract price is ,3. $501,733.00 and the project is funded from Wastewater System Construction Funds. 12.F. Consider payment of$6,127.00 to RJN Group, Inc for mapping services The current contract price is $16,410.00 and the project is funded from Wastewater System Construction Funds. MOTION: Mayor Pro-tem Stluka moved to approve the disbursements. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka • Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITY MANAGER'S REPORT: Bob Bennett referred to a portion of the study conducted by ERA concerning the number of hotel rooms that were projected. Currently, there are 1,113 hotel rooms already open or under construction. He noted that this does not include hotel/motels that are in the planning stage. The 2,005 projection made by ERA has already been achieved and this is the driving force for the baseball stadium financing. • Councilman Hairston asked Mr. Bennett if he had any occupancy rates for the hotels. Mr. Bennett said he did not. COUNCIL COMMENTS: Mayor Pro-tem Stluka wished a speedy recovery to Fred Russell, a long-term employee of the Public Works Department,who is recuperating from back surgery. In addition he, Councilwoman Chavez and Mayor Culpepper attended the Transportation meeting that was held 202 October 22, 1998 at Fern Bluff Elementary with the residents of the Wyoming Springs area. He felt the meeting was good and had a large orderly attendance. Mayor Pro-tem Stluka said, "I believe, and as we expressed last night, there are some legitimate concerns the folks over there have and just want to assure them, the ones that are listening tonight,we are listening,we certainly listened last night. I know there is a follow up meeting with some of the residents and Tom Word and there is a • particular alternative that was discussed, or at least looked at last night,that has some legitimacy to it and we will pursue to look at that a little further; and we also let the residents know last night that-this is not steam rolling. We are going to take whatever time it takes to get this through the process whether it's additional public meetings at the Planning and Zoning or the Council. We are going to look at this public meetings, hopefully work something out that accomplishes the concerns we have about projected traffic over the upcoming years, and certainly their concerns as residents in that area, and what they will have to deal with anything being done to Wyoming Springs. Councilman Hairston urged the Round Rock citizens to contributed generously to the American Red Cross. Councilman Hairston noted that there were a lot of victims with the recent flooding and the Red Cross can use all the donations. Councilman Hairston urged everyone to go • to the polls on Election Day and participate. Councilman Stewart wished his grandson, Scotty, a Happy 6th Birthday. Councilman Palmer said the Cowboy Jubilee got rained out so on December 4th there will be a Cowboy Christmas Ball with the proceeds going to Blue Santa to make up for some of the lost entertainment. Councilwoman Chavez concurred with Mayor Pro-tem Stluka's comments concerning the meeting with the Wyoming Springs residents. She wished a Happy Birthday to Lisa Jackson and encouraged everyone to "get out and vote." Councilman Joseph congratulated Linda Wiley for being Citizen of the Year. He noted that on October 24th the civic organization with Nolan Ryan will be selling food and drinks with • the proceeds going to local charities. He thanked Jim Nuse, Bob Bennett, the Fire Department and Public Work's employees that helped the citizens that experienced flooding in their neighborhoods. Councilman Joseph noted that he will be absent from the first meeting in November because he will be out of town. 203 October 22, 1998 Mayor Culpepper reminded that early voting is currently being held at the Round Rock Community Center or at the RRISD Administration Building. Also on Saturday, October 24th from 10:00 a.m. to 2:00 p.m. the downtown merchants are honoring the youth sports teams and Nolan Ryan will be here. • Mayor Pro-tem Stluka added that there will be a Coats for Kids collection at the activities on October 24th and Round Rock Express has taken that as one of their sponsorships. Councilwoman Chavez also commended the Fire Department for helping in San Marcos with their flooding problem. ADJOURNMENT: There being no further business the meeting was adjourned at 9:02 p.m. Respectfully submitted, qm'�� 6*�� Joanne Land,Assistant City Manager/ City Secretary • • 204 NOVEMBER 6, 1998 The Round Rock City Council met in a Special Called Session on Friday,November 6, 1998 at 12:00 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 Rick Stewart, Councilman Earl Palmer and Councilwoman Martha Chavez. Councilman Earl M. Hairston and Councilman Jimmy Joseph were absent. Also present • were Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. CANVASS NOVEMBER 3 1998 SPECIAL ELECTION• The Council was provided with a copy of the final results of the November 3, 1998 Special Election. Joanne Land outlined the results of the election for the following propositions: Proposition No. 1 Proposed Initiative Ordinance Ordinance approving the expenditure of hotel occupancy tax for a multi-purpose facility/ baseball stadium. "For the ordinance" () 8,560 votes received "Against the ordinance" () 3,365 votes received Proposition No. 2 • Proposed Charter Amendment Amendment to the Home Rule Charter of the City of Round Rock, Texas restructuring the current system of city government by(1) abolishing the current system of electing council members at large, and instead requiring the election of council members by district; (2) creating an additional elective office of Mayor Pro-tem, and requiring a special election to fill same; (3) creating an additional elective office,that being a seventh council member, and requiring a special election to fill same; (4) fixing boundaries for districts from which council members will be elected; (5) ordering when and how district boundaries shall be changed in future; (6) changing the minimum requirement for number of signers on a petition for recall; and(7) conforming all affected sections in the current Charter to reflect this proposed restructuring of • the City Council. Shall the above described charter amendment be adopted? Yes () 4,244 votes received No () 7,475 votes received The total votes cast were 12,179. 205 NOVEMBER 6, 1998 DECLARE NOVEMBER 3, 1998 SPECIAL ELECTION RESULTS OFFICIAL MOTION: Mayor Pro-tem Stluka moved to declare the results of the Special Election official. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Mayor Culpepper Noes: None Absent: Councilman Hairston Councilman Joseph ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 12:05 p.m. Respectfully submitted, a� Joanne Land, Assistant City Manager/ City Secretary 206 November 12, 1998 The Round Rock City Council met in Regular Session on Thursday,November 12, 1998 at 7:00 p.m. in the City Council Chamber,221 E. Main Street. PLEDGE OF ALLEGIANCE Andre Taylor of Chisholm Trail Middle School was present at the request of Councilman Palmer to sing God Bless America. • ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro-tem Robert Stluka, Councilman Earl M. Hairston, 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 October 22, 1998 and Special Called Session November 6, 1998. MOTION: Councilman Joseph moved to approve the minutes as submitted. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Mayor Culpepper announced that a 37minute limit will be enforced due to the length of the agenda and anyone requiring more time may address the Council at the end of the meeting. Jim Boles, 2201 Hairy Man Road, thanked the Council for the hard work they did concerning the two items that were on the November 3rd ballot. He concluded, "this town was built on working together and it was evident from the results of the polls since the two items • overwhelmingly passed." William Camp, 2310 Stirrup Drive, said he was very impressed with the turnout of the election. He thanked Councilman Hairston for his support of single member districts and John Gordon and Tish Oatman for bringing forward the initiatives. Jan Tate, 100 E. Main Street, and merchant on Main Street, expressed her concern regarding parking for the retail shop owners. 207 November 12 1998 Charles Okaly, 102 E. Main Street,merchant on Main Street expressed his concern regarding the parking situation that is affecting the retail merchant's downtown. Ruth Koughan, 211 Round Rock Avenue, invited everyone to the Annual Chocolate Affair on November 20th and November 21st. PROCLAMATIONS: • 6.A. Consider a proclamation proclaiming Bible Week. Mayor Culpepper read the appropriate proclamation. He noted that the original proclamation was mailed to the Mayor of Orlando, Florida who requested it from cities throughout the United States. PRESENTATIONS: 7A.1. Consider a presentation concerning the Downtown Area Parking and Mobilo Study. Staff Resource Person: Tom Word, Traffic Engineer. Mr. Word outlined options that have been investigated and need to be addressed to resolve the downtown parking and traffic issues. He added that the Council adopted a two-hour parking ordinance last year for Main Street from Mays Street to Sheppard and signs were posted. One issue of the parking situation downtown is the enforcement of that ordinance. The intention of the ordinance was to achieve some measure of voluntary compliance and eliminate the parking concerns but that did not occur. Staff has been evaluating 15 minute parking areas in front of specific businesses and will evaluate the suggestion of painting time limits on curbs in front of businesses. Eventually, compliance will only occur when tickets are written to enforce the parking limits. Another issue that was brought up was the availability of parking spaces in the downtown area. Staff recommended that the services of a consultant be acquired to conduct a Downtown Parking Study. The proposed contract will be brought back to the Council for approval. The study will clearly inventory the current parking spaces and identify the demands and needs of spaces to address the shortfalls. In addition, the study will provide and identify options that would address • the parking situation for the next 10 to 20 years. Another issue that has been brought up is pedestrian traffic in the downtown area. Staff will work on a plan to fully develop sidewalks in the immediate downtown area,particularly the blocks on Main Street that have businesses. It will also include repairing or replacing the brick tiles that have been a maintenance problem,building other sections of sidewalks and complying with the Americans with Disabilities Act. 200 November 12, 1998 Mayor Pro-tem Stluka asked if the City's Code Enforcement Officer has the power to enforce the parking regulations by issuing tickets. Joe Vining said that staff has been checking with other cities and found that it was not a function of their Code Enforcement Officer. Mayor Pro-tem Stluka asked if there were any legal opportunities to involve citizens to enforce the parking ordinance. Steve Sheets said that he had not fully reviewed the State Statutes as to who has the authority to issue parking tickets. He does know it does not have to be a certified police officer but the person has to have proper training and be prepared to attend court and prove the citation. It would require keeping records or notes that would be creditable before a judge and jury. Councilman Hairston said that one of the merchants, during Citizens Communication, noted that the police officers don't issue parking tickets. Councilman Hairston asked if that was an authority issue or was the emphasis placed on public safety and not traffic or parking issues. Mr. Bennett said the police officers can enforce the parking issues but staff was looking at a better approach to let the police officers do what they are really trained to do. Staff will meet with the downtown businesses to receive input on how to resolve the parking situation since the businesses know first hand what the problems are and what will work for everyone. Councilman Joseph suggested that,when the additional enforcement officer is hired, warning tickets can be issued for a specific time so people will get the message. He added that if the retail businesses were accommodated then the parking problem will be addressed. Councilman Joseph asked that the Downtown Business Association be involved in the parking study and for staff to look into expanding the parking garage up one story. Mayor Culpepper asked that no City owned vehicles park on the first level of the parking garage and to send notices to the businesses that the two-hour parking will be enforced otherwise traffic tickets will be issued. Councilman Hairston suggested that the utility vehicles park on the top two levels of the parking garage. Mr. Bennett said that staff will notify the survey company that occupies one of • the buildings of the Council's request. 7.B.1. Consider a presentation concerning Fire Station No 2 remodeling Fire Station No. 2 located on McNeil Road is the City's oldest fire station site,built in 1976. Staff Resource Person: Lynn Bizzell,Fire Chief. Chief Bizzell noted that Fire Station No. 2 once housed Fire, Police, Public Works and City Shop. With the construction of the new Public Works facility on 209 November 12, 1998 Luther Peterson Road,the Public Works Department and City Shop moved to that location allowing the sharing of the space with the Fire Department and Parks and Recreation Department. The building will be remodeled to accommodate the two departments especially the electrical portion due to the age of the building. Currently, the budget for the renovation of the • building is $10,000.00 but upon review of the reconstruction proposals, an additional $30,000.00 is needed to complete the project. Councilman Joseph asked if a new Fire Station was proposed on the site of the current Fire Station. Mayor Culpepper responded that it was his understanding the station would be remodeled since there was a commitment to keep a station downtown. In response to Councilman Hairston's question, Chief Bizzell said that of the approximate $40,000.00 for the project, $12,000.00 is electrical renovation. 7.C.1. Consider a presentation concerning Citizen Participation. Staff Resource Person: Will Hampton, Communications Director. Mayor Pro-tem Stluka noted that earlier this year Mr. Bennett asked him if he would participate in seminars as an observer and evaluator to determine if a certain public participation • process would benefit the City. The Institute for Participatory Management and Planning sponsored the program. Mayor Pro-tem Stluka said he found the sessions to be an"eye opener and a revolutionary approach and process to governments communicating with the public." He added that the City is already implementing this process in a successful manner with certain projects and looks forward to adopting the process citywide. This process makes the City more responsible and responsive to the citizens at an earlier stage by allowing more public involvement in a process. Mr. Hampton noted that most of the City's future Citizen Participation initiatives will be based on the model developed by the Institute for Participatory Management and Planning called Systematic Development of Informed Consent(SDIC). He highlighted the principles of the Institute noting that communication is a top priority of the City Council and City Manager. The SDIC model advocates open,honest and fair practices when interacting with the public about complex and/or controversial programs. SDIC embraces the idea that informal settings are best for productive, effective communication with citizens. Mr. Hampton gave the following brief overview of SDIC. Systematic Development of Informed Consent 210 November 12, 1998 * Is about government effectiveness, i.e., getting projects implemented. * All potentially affected interests and their issue are identified. * It is not a"tool first" approach. * Informal communication works best. * It's not about wooing the masses and getting cheerleaders for your cause. • Citizen Participation by Objective * Citizen Participation program is designed using an objective-driven approach. * Each Citizen Participation program is unique. * There is a menu of more than 60 techniques to choose from. Why do Citizen Participation * Citizen Participation, done effectively, allows decision-makers to do their jobs. That happens when potentially affected interests experience a process that is open,honest and fair. * Just being technically correct isn't enough. * Responsibility vs. Responsiveness * We don't have market cornered on good ideas • We are already using_SDIC * South Mays Street Extension Project * Transportation Master Plan * Blue Tubing Replacement Program * Land Use Chapter of General Plan * Downtown Parking and Mobility Study 7.C.2. Consider a presentation by CoSery for Natural Gas and Cable Service to Round Rock. Staff Resource Person: Bob Bennett, City Manager. Mr. Bennett introduced representatives of CoSery who provided information regarding a new kind of utilities provider. Ronny Puckett made the presentation on CoSery Communications and noted that CoSery • provides a unique approach to telecommunications, infrastructure and services. They designed a state-of-the-art, fiber-optic network that would serve the public needs. Mr. Leverty, also of CoServ, said CoSery is a single source provider that helps sharpen the competitive edge. Infrastructure is designed to take advantage of a single trench for all the 211 November 12, 1998 utilities,which saves time and expense. Main gas lines go in above electric and phone lines to minimize the chance of accidental cutting of lines. Mayor Pro-tem Stluka asked if CoSery would be laying their own infrastructure or sharing existing infrastructure for either gas or telecommunication. Mr. Puckett said they would • be laying their own infrastructure because of the technology they will be using and to guarantee the quality of service and level of products. Mr. Leverty said CoSery Gas will also be laying their own infrastructure. He added that the Gas Company is not as far along in the process of deregulation so there is no sharing permitted at this time. c,. In response to Mayor Pro-tem Stluka's question,Mr. Puckett said CoSery desires the same kind of franchise agreement that exist with the current providers since they will be using the City's rights-of-way. In response to Councilman Joseph's question, Mr. Puckett said a new provider will not affect either the industrial or residential user but rather offer competition that can possibly bring rates down. He added that new developments will be targeted for the new service. 7.D.1. Consider a resentation concerning p Gmmunrty Outdoor Outreach Program brant • application. This is a grant program offered by the Texas Parks and Wildlife Department. Staff Resource Person: Sharon Prete,Parks and Recreation Director. The Texas Legislature authorized an annual appropriation of$250,000.00 to help introduce under-served constituents to services,programs and facilities of Texas Parks and Wildlife. The maximum amount that any agency can apply for is $20,000.00. Staff's proposal is for a four-week camping program for at risk youths, two hours a week in the Spring and Fall. The age group that is being targeted is 12-18 years. This program will form a partnership with the Round Rock Police Department through the Community Policing Division, S.A.L.T. and Explorer Scouts, the School District and service clubs. The program cost is $18,702. The grant request is for$9,500 with the City's share being $9,200. The Spring and Fall • Program will serve 50 youths. Councilmen Palmer asked if the grant funds were not received would they still have the program. Ms. Prete said staff would try to do something but it would not be as extensive as what is being proposed because all the funds are not in the budget at this time for all the camping gear but staff would like to get started on this type of program. 212 November 12, 1998 Councilman Hairston asked how at risk youths will be defined for the program because there may be some youths that do not fall into that category but would enjoy participating in the program. Ms. Prete said the School District will be used as a resource to help identify at risk youths. Also, staff will use the civic clubs within the community to determine who they consider as at risk. She added that it doesn't mean anyone who is not at risk will not-be able to participate • but at risk youths will have priority for the program. 7.E.1. Consider a presentation regarding a 1998-1999 budget for the Community Development Block Grant Fund,the proposed funding source for the Chisholm Trail provertv sitework. Staff Resource Person: David Kautz, Finance Director. This fund which originated in 1980 may be budgeted for any lawful purpose as deemed by the Council because all the original grant requirements have been met and closed out. The proposed use is to prepare the City's newly acquired Chisholm Trail frontage property for the Longhorn Cattle Drive Statues project. The approximate amount of funds available is $100,000.00. Jim Nuse said the funds will be used to recycle the structures that are currently on the property and put them to another use,remove the balance of the items, revegetate the area and increase the turning capacity at the intersection of RM620 and Chisholm Trail to accommodate • more traffic. The Parks Department will help to keep the area properly revegetated and landscaped for the cattle sculptures. PUBLIC HEARINGS: 8.A.1. Consider public testimony adopting original zoning of District I-1 (Industrial) on two tracts of land consisting of 31.437 acres (Tract 1) and 1.933 acres (Tract 2) out of the Joseph Marshall Survey, Abstract No. 409,Williamson County, Texas. Brushy Creek Regional Wastewater Treatment Plant) Staff Resource Person: Joe Vining,Planning Director. Applicant: Lower Colorado River Authority. Agent: Joseph J. Beal, P.E.,Manager, Water Co. Division. The Planning and Zoning Commission recommended adoption of this zoning district at their October 28, 1998 meeting. This is the second of two required public hearings for original zoning. • District I-1 (Industrial) zoning is appropriate for the Wastewater Treatment Facility and conforms to the existing General Plan. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 213\y. November 12 1998 8.A.2. Consider public testimony adopting original zoning of District I-1 (Industrial) on three tracts of land consisting of 0.394 acres (Parcel A Tract 1) and 37.150 acres (Parcel A Tract 2) out of the Joseph Marshall Survey Abstract No 409 Williamson County, Texas and 3.637 acres arcel B Tract 1) out of the Joseph Marshall Survey, Abstract No. 409, Williamson County. Texas. (Brushy Creek Regional Wastewater Treatment Plants Staff Resource Person: Joe • Vining,Planning Director. Planning Applicant: Lower Colorado River Authority and City of Austin. Agent: Joseph J. Beal,P.E., Manager, Water Co. Division, LCRA and Toby Futrell, Assistant City Manager, City of Austin. The Planning and Zoning Commission recommended adoption of this zoning district at their October 28, 1998 meeting. This is the second of two required public hearings for original zoning. District I-1 (Industrial) zoning is appropriate for the Wastewater Treatment Plant and conforms to the existing General Plan. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: 9.A.1. Consider an ordinance annexing 59.833 acres of land out of the J M Harrell • Survey, Abstract No 284, Williamson County. Texas (Robinson Ranch and Wig Springs Drive right-of-way) (InvoluntaU) (First Reading Only) Staff Resource Person: Joe Vining, Planning Director. This property is commonly known as the Robinson tract of RM 620. The two required public hearings were held on Tuesday, October 6, 1998 and Thursday, October 8, 1998. According to annexation regulations this ordinance must be adopted within 90 days of the first reading. This tract is split by the right-of-way of Park Valley Drive,which will be built behind the hospital. The tract includes right-of-way for Wyoming Springs Drive and area for the expansion of the Medical Center. Staff requested that the Council consider only the first reading of the ordinance so they can continue working with the Robinson Ranch owner for a Planned Unit Development (PUD)zoning designation. Since the tract would basically be commercial, • uses that are not appropriate for the area can be eliminated with a PUD. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 59.833 ACRES OF LAND OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 2849 IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATIFFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS 214 November 18, 1998 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; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. • VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.A.2. Consider an ordinance annexing 101.301 acres of land out of the Asa Thomas Survey, Abstract No. 609, Williamson County, Texas. (Hickerson Tract(First Reading Only Staff Resource Person: Joe Vining,Planning Director. Applicant: Doyle Hickerson. This tract of land is located in the southeast quadrant of the City between Gattis School Road and Louis Henna Boulevard. The owner is petitioning for annexation in order to be eligible for City • services on future development. The two required public hearings were held on Tuesday, October 6, 1998 and Thursday, October 8, 1998. According to annexation regulations this ordinance must be adopted within 90 days of first reading. Staff requested that the Council consider only the first reading of the ordinance primarily because Mr. Hickerson is considering a business park for this tract. After discussions with the neighbors on the north side of Gattis School Road it was determined that a PUD zoning would eliminate uses that would not be compatible with the neighborhood. Councilman Hairston thanked Mr. Vining for meeting with the Neighborhood Associations in the area. Mayor Culpepper read the caption of the ordinance. • ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 101.301 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY ABSTRACT NO. 609, IN WILLIAMSON COUNTY; 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; PROVIDING . .., .. 215 November 12, 1998 FOR A SAVINGS CLAUSE AMD REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka • Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.A.3. Consider an ordinance concerning the annexation of two tracts of land consisting of 31.437 acres (Tract 1) and 1.933 acres (Tract 2) out of the Joseph Marshall Survey, Abstract No. 409,Williamson County, Texas. Brushy Creek Regional Wastewater Treatment Plant) (First Reading) Staff Resource Person: Joe Vining, Planning Director. The two required public hearings were held on Tuesday, October 6, 1998 and Thursday, October 8, 1998. Applicant: Lower Colorado River Authority. Agent: Joseph J. Beal,P.E.,Manager, Water Co. Division. • According to annexation regulations this ordinance must be adopted within 90 days of first reading. A public hearing was held earlier in the meeting. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 31.437 ACRES OF LAND (TRACT 1) AND 1.933 ACRES OF LAND (TRACT 2) OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY; 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; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • MOTION: Councilman Joseph moved to adopt the ordinance. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper 216 November 12, 1998 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.A.4. Consider an ordinance concerning adopting original zoning of District I-1 (Industrial) zoning on two tracts of land consisting of 31.437 acres (Tract 1) and 1.933 acres (Tract 2) out of the Joseph Marshall Survey, Abstract No. 409, Williamson County, Texas (Brushy Creek Regional Wastewater Treatment Plant) (First Reading) Staff Resource Person: Joe Vining,Planning Director. Applicant: Lower Colorado River Authority. Agent: Joseph J. Beal, • P.E.,Manager, Water Co. Division. A public hearing was held earlier in the meeting. 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 (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND-MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 31.437 ACRES OF LAND (TRACT 1) AND 1.933 ACRES OF LAND (TRACT 2) OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS,AS DISTRICT I-1 (GENERAL INDUSTRIAL). MOTION: Councilman Joseph moved to adopt the ordinance. CouncilmanPalmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka • Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 21 ■ November 12, 1998 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: Mayor Pro-tem Stluka Councilman Hairston • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.A.5. Consider an ordinance annexing three tracts of land consisting of 0.394 acres .(Parcel A Tract 1) and 37.150 acres (Parcel A Tract 2) out of the Joseph Marshall Survey, Abstract No. 409. Williamson County. Texas and 3.637 acres (Parcel B Tract 1) out of the Joseph Marshall Survey, Abstract No. 409, Williamson County, Texas. rushy Creek Regional Wastewater Treatment Plant) (First Reading) Staff Resource Person: Joe Vining,Planning Director. Applicant: Lower Colorado River Authority and City of Austin. Agent: Joseph J. • Beal, P.E.,Manager, Water Co. Division, LCRA and Toby Futrell,Assistant City Manager, City of Austin. The two required public hearings were held on Tuesday, October 6, 1998 and Thursday, October 8, 1998. According to annexation regulations this ordinance must be adopted within 90 days of first reading. A public hearing was held earlier in the meeting. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.394 ACRES OF LAND (PARCEL A TRACT 1) AND 37.150 ACRES OF LAND (PARCEL A TRACT 2) AND 3.637 ACRES OF LAND (PARCEL B TRACT 1) OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY; 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; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer 218 November 12, 1998 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.A.6. Consider an ordinance adopting original zoning of District I-1 (Industrial three tracts of land consisting of 0.394 acres (Parcel A Tract 1) and 37.150 acres (Parcel A Tract 2) out of the Joseph Marshall Survey, Abstract No. 409, Williamson County, Texas and 3.637 acres arcel B Tract 1) out of the Joseph Marshall Survey. Abstract No. 409. Williamson • County Texas. ,Brushy Creek Regional Wastewater Treatment PlantL(First Readingrl Staff Resource Person: Joe Vining, Planning Director. Planning Applicant: Lower Colorado River Authority and City of Austin. Agent: Joseph J. Beal, P.E., Manager, Water Co. Division, LCRA and Toby Futrell, Assistant City Manager, City of Austin. The Planning and Zoning Commission recommended adoption of this zoning district at the October 28, 1998 meeting. 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 (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 0.394 ACRES OF LAND (PARCEL A TRACT 1) AND 37.150 ACRES OF LAND'(PARCEL A TRACT 2) AND • 3.637 ACRES OF LAND (PARCEL B TRACT 1) OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT I-1 (GENERAL INDUSTRIAL). MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer 219 November 12, 1998 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. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston CouncilmanStewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.B.1. Consider an ordinance increasingthe he sports field lighting fees. (First ReadinZl Staff Resource Person: Sharon Prete, Parks and Recreation Director. A presentation was made at the last Council meeting on this item. TU Electric conducted an audit for the City's sportsfield • lighting systems. Based on information TU Electric provided, staff recommended that the City increase its hourly charge from$12.00 to $18.00 per hour per field. This action will not affect the Youth Sports Associations but rather help them because they will be paying for what they actually used. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1703, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY INCREASING THE SPORTS FACILITY LIGHTING FEES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. MOTION: Councilman Stewart moved to adopt the ordinance. Councilwoman Chavez seconded the motion. • VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 220 November 12, 1998 The second reading of the ordinance will be held at the next Council meeting. 9.C.1. Consider an ordinance designating the intersections of East Main Street with North Sheppard Street and North Lampasas Street, and the intersection of North Blair Street with Florence Street as All-Way Stop intersections. (First Reading) Staff Resource Person: Jim Nuse: Public Works Director. Tom Word, Traffic Engineer noted that staff evaluated the operations of • the East Main Avenue intersections and determined these intersections should be designated and signed for All Way Stop operation due to sight distance restrictions and the level of vehicular and pedestrian traffic crossing East Main Street. The recommendation for the North Blair Street intersection will provide for the safer operation of the Round Rock Fire Station located at this corner. Staff recommended approval of the ordinance. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF MAIN STREET AND SHEPPARD STREET, MAIN STREET AND LAMPASAS STREET, AND BLAIR STREET AND FLORENCE STREET AS ALL-WAY STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Stewart moved to adopt the ordinance. Mayor Pro-tem Stluka • Y seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. The second reading of the ordinance will be held at the next Council meeting. 9.C.2. Consider an ordinance designating the intersection of Oaklands Drive and Falcon Drive as an All-Way Stop intersection. (First Reading) Staff Resource Person: Jim Nuse,Public Works Director. Tom Word, Traffic Engineer noted that staff received a request from a citizen • that the intersection of Oaklands Drive and Falcon Drive be designated and signed as an All-Way Stop intersection. Staff completed an evaluation of the intersection and agrees that it should become an All-Way Stop intersection. Staff recommended approval of the ordinance. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. 221 November 12, 1998 AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF OAKLANDS DRIVE AND FALCON DRIVE AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. • VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. The second reading of the ordinance will be held at the next Council meeting. 9.C.3. Consider an ordinance authorizing the placement of stop signs at the following street intersections: on South Crossing Drive at Gattis School Road; on Willow Trail Court at South Crossing Drive; on Sable Trail Court at South Crossing Drive; on Hollow Trail Court at South Crossing Drive: on Canyon Trail Court at South Crossing rive_; on South Crossing Drive at Juniper Trail, on Jester Farms Road at Bradley Lane; on Vernell Way at Jester Farms Road; on Cora Cove at Vemell Way; on Vernell Way at Buckley Lane; on Bradley Lane at Wallin Loop (south intersection),• on Wallin Loop northbound at Wallin Loop: on Wallin Loop at Bradley Lane north intersection); on Donner Path at Plantation Drive: on Henley Drive at Plantation Drive,on Henley Drive at Chatelle Drive}on Resnick Drive at Henley Drive; on Resnick Drive at Berwick Drive; on Haley's Way at Terra Street; on Juliana's Way at Terra Street; on Juliana's Way at Haley's Way; on Haley's Way at Laurel Ridge Drive, and on Bay Lane at Thibodeaux Drive. (First Reading) Staff Resource Person: Jim Nuse, Public Works Director. Tom Word, Traffic Engineer noted that these are new intersections for subdivisions recently accepted by the City. Staff recommended approval of the ordinance. • Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF SOUTH CROSSING DRIVE AND GATTIS SCHOOL ROAD; WILLOW TRAIL COURT AND SOUTH CROSSING DRIVE; SABLE TRAIL COURT AND SOUTH CROSSING DRIVE; HOLLOW TRAIL COURT AND SOUTH CROSSING DRIVE; CANYON TRAIL COURT AND SOUTH CROSSING DRIVE; SOUTH CROSSING DRIVE AND JUNIPER TRAIL, JESTER FARMS ROAD AND.BRADLEY LANE; VERNELL WAY AND JESTER FARMS ROAD; CORA COVE AND VERNELL WAY; VERNELL WAY AND BUCKLEY LANE; BRADLEY LANE AND WALLIN LOOP; WALLIN LOOP.. AND 222 November 12, 1998 WALLIN LOOP; WALLIN LOOP AND BRADLEY LANE; DONNER PATH AND PLANTATION DRIVE; HENLEY DRIVE AND PLANTATION DRIVE, HENLEY DRIVE AND CHATELLE DRIVE; RESNICK DRIVE AND HENLEY DRIVE; RESNICK DRIVE AND BERWICK DRIVE; HALEY'S WAY AND TERRA STREET; JULIANA'S WAY AND TERRA STREET; JULIANA'S WAY AND HALEY'S WAY; HALEY'S WAY AND LAUREL RIDGE DRIVE, AND BAY LANE AT THIBODEAUX DRIVE AS STOP INTERSECTIONS; 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. The second reading of the ordinance will be held at the next Council meeting. 10.A.1. Consider a resolutionrg anting the Lower Colorado River Authority an easement and right-of-way for a wastewater interceptor in Rabb Park. Staff Resource Person: Sharon Prete, Parks and Recreation Director. This is a housekeeping matter to correctly identify the easement • boundary. In the process of laying the wastewater line through Rabb Park, the contractor exceeded the boundary of the original easement and this action will correctly identify the easement. Councilman Joseph asked if the road has been repaired. Ms. Prete said it has not been completed just yet. Councilman Palmer asked if there were any other instances of going out of the right-of- way. Ms. Prete said to her knowledge there weren't any and only affected the City's property. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Lower Colorado River Authority has requested a water and wastewater • easement and right-of-way for a wastewater interceptor in Rabb Park, and WHEREAS,the City Council wishes to grant Lower Colorado River AuthorityJEs request,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 easement and right-of-way for a wastewater interceptor in Rabb Park, a copy of which is attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the 223 November 12, 1998 subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. 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-Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. l O.A.2. Consider a resolution adopting a budget for the Ron Sproull Memorial Fund Staff Resource Person: Sharon Prete,Parks and Recreation Director. A presentation was made • on this item at the last Council meeting. Available funds are generated from interest income accrued on the$100,000.00 principle. Staff recommended that the majority of available funds be used to contract with Easter Seals Inc. during the summer months,to provide maintenance services. Revenue Expenditures Balance Forward $ 4,106 Contracted Services $ 8,000 Interest Income 6,287 Contingency 2,,393 Total $10,393 Total $10,393 Mayor Culpepper read the following resolution. RESOLUTION NO. -WHEREAS, the Ron Sproull Memorial Fund was created to provide certain • improvements to the park system in the City of Round Rock, and WHEREAS, the City Council wishes to adopt a budget for 1998-99 for the expenditure of said fund,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That a budget for 1998-99 for the expenditure of the Ron Sproull Memorial Fund is hereby approved and adopted in accordance with Exhibit"A" attached hereto and incorporated herein. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. 224 November 12, 1998 RESOLVED this 12th day of November, 1998 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.A.3. Consider a resolution adopting a budget for the Park Development Fund. Staff Resource Person: Sharon Prete,Parks and Recreation Director. A presentation was made on this item at the last Council meeting. This account is funded through a variety of sources such as developer contributions, donations, league fees, and interest income. Ms. Prete went over the • following budget highlights. McNeil Park Sports Complex-the majority of facility improvement costs are born by the teams then Seasonal teams are assessed. Old Settlers Park at Palm Valley-the Noon Kiwanis Club has donated$7,500 to develop a handicapped accessible playground. Youth Sports -the Council established this account for the Youth Sports Association to apply for matching funds to make facility improvements. Veterans Park- staff is working with the Neighborhood Association to make playground and park improvements. Vehicle- funds were set aside last year and carried forward to provide a truck for the • Urban Forester position. Park Development Fund Budget Revenue: Fund Balance $118,734 Sports League Fees 11,170 Jr. Golf 125 Kiwanis Donation 7,500 Developer Contributions 2,929 225 November 12, 1998 Interest Income 7,364 Total $147,822 Expenditures: McNeil Park Sports Complex Lighting Repairs $1,500 Scoreboard(Bluff) 8,273 Contingency 5,000 Old Settlers Park at Palm Valley Handicapped Accessible Playground 7,500 Youth Sports Contingency 70,620 Veteran Park Playground Restoration 30,000 Vehicle 21,000 Contingency 3,929 Total $147,822 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Parks and Recreation Department has submitted a proposed budget for the Park Development Fund for fiscal year 1998-99, and WHEREAS,the City Council wishes to approve said proposal,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the budget for the Park Development Fund submitted by the Parks and Recreation Department for fiscal year 1998-99, attached hereto as Exhibit"A",is hereby approved. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 226 November 12, 1998 10.B.1. Consider a resolution authorizing the Mayor to execute a construction contract to Cunningham Constructor&Associates in the amount of$1,994.800.00 for a Disinfection Basin and a Washwater Recovery Pump Station. Staff Resource Person: Jim Nuse, Public Works Director. The Disinfection Basin ensures the Water Treatment Plant meets current and future limits on total trihalomethanes, a disinfection by-product. Phase I&H of the original Water Plant • was not configured to accommodate stricter rules on disinfection by-products. Due to increased water consumption the management of sludge becomes increasingly important. The Washwater Recovery Facility aids in the processing of the filter backwash water. Five bids were received and opened on October 13, 1998 for the Disinfection Basin and Washwater Recovery Improvements Project. Cunningham Constructors &Associates Inc. submitted the lowest and best bid in the amount of$1,994,800.00. Staff recommended award of the bid to Cunningham Constructors. At Councilman Hairston's request,Mr.Nuse briefly described the purpose of the sludge belt. Mayor Culpepper read the following resolution. • RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for a Disinfection Basin and a Washwater Recovery Pump Station, and WHEREAS, Cunningham Constructor&Associates has submitted the lowest and best bid, and WHEREAS,the City Council wishes to accept the bid of Cunningham Constructor& Associates,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 Cunningham Constructor&Associates for a Disinfection Basin and a Washwater Recovery Pump Station. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. 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: Mayor Pro-tem Stluka Councilman Hairston 22 November 12, 1998 Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • 10 B 2 Consider a resolution authorizing the Mayor to execute Contract Change Order No 1 to C C Carlton Construction of Austin, Inc. for the Wilderness Way Drainage Improvements. Staff Resource Person: Jim Nuse,Public Works Director. This change order will provide for the relocation and construction of a double wastewater service which conflicts with the proposed improvements, the addition of a concrete bottom to the out-fall channel which accepts the storm-sewer flow and modification to the mortared rock channel side-slopes to provide mortared limestone rock extending above the concrete bottom. These changes are necessary to accommodate utility conditions encountered and to provide a low maintenance out- fall channel. This change order in the amount of$16,620.80 will make the current contract amount$114,790.80. This change order and the project are funded from the 1996 General • Obligation Bond Program. Staff recommended approval. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract("Contract") with C.C. Carlton Construction of Austin, Inc. for the Wilderness Way Drainage Improvements project, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 1,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 Contract Change Order No. 1 to the Contract with C. C. Carlton Construction of Austin, Inc. For the Wilderness Way Drainage Improvements project. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as.amended, and the Act. RESOLVED this 12th day of November, 1998. • 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 228 November 12, 1998 Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • 103.3. Consider a resolution authorizingthe e Mayor to award a contract to George Marc Construction Inc. in the amount of$12,149.75 for Falcon Drive Sidewalk Improvements. Staff Resource Person: Jim Nuse,Public Works Director. Three bids were received on October 20, 1998 for the Falcon Drive Sidewalk Improvements. The improvements include sidewalk, curb and gutter along Falcon Drive from Field Lark Drive to Wyoming Springs Drive. The County did the sidewalk improvements to the north and the City will continue those improvements to the south. The Oakcreek and Oakland's Homeowners Association brought this project forward. The Association provided approximately three-quarters of the money involved in this improvement. Staff recommended acceptance of the contract to George Marc Construction. Mayor Culpepper read the following resolution. • RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Falcon Drive Sidewalk Improvements project, and WHEREAS, George Marc Construction, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of George Marc 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 George Marc Construction,Inc. for the Falcon Drive Sidewalk Improvements project. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. 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 229 November 12, 1998 Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None • ACTION: The motion carried unanimously. 10.B.4. Consider a resolution authorizing the Mayor to execute an agreement with S. D. Kallman, Inc. for engineering and design services for street and drainage improvements on Clark and Ledbetter Streets. Staff Resource Person: Jim Nuse,Public Works Director. This is a continuation of the General Obligation(G. O.)Bond Program. Staff previously presented the Council with the list of engineers recommended for the street projects. The engineering and design services for the improvements to Clark and Ledbetter Streets total$41,580.00 and will be funded from G.O. Bond funds. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering and design services for • street and drainage improvements on Clark and Ledbetter Streets, and WHEREAS, S. D. Kallman, Inc. has submitted an agreement to provide said services, and WHEREAS,the City Council desires to enter into said agreement with S. D. Kallman, 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 S. D. Kallman, Inc., for engineering and design services for street and drainage improvements on Clark and Ledbetter Streets, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: • JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer. Councilwoman Chavez Councilman Joseph 230 November 12, 1998 Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.B.5. Consider a resolution authorizing the Mayor to execute an interlocal agreement with Williamson County for improvements to County Road 122. Staff Resource Person: Jim Nuse,Public Works Director. The portion of County Road 122 from US79 to Forest Creek Drive • in Williamson County is the area that will be improved. This interlocal agreement will transfer the right-of-way to the City of Round Rock and provide$400,00.00. The City will annex the right-of-way and improve it. The improvements will be three 12 foot lanes with one lane being a continuous turn lane and a four foot shoulders on each side. Mayor Culpepper asked if curbs, gutters and sidewalks were part of the project. Mr. Nuse said curb and gutter are not included in the project and currently,there is not a sidewalk program for that area but staff will bring one back for the Council's review. Councilman Palmer added that a lot of people are seen walking on County Road 122 so the sidewalks will be used. Mayor Culpepper read the following resolution. • RESOLUTION NO. WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal Cooperation Act,provides that any one or more public agencies may contract with each other for the performance of governmental functions and services under the terms of the Act, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement ("Agreement")with Williamson County for improvements to County Road 122 from U.S. 79 to Forest Creek Drive,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 said Agreement, a copy of same being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. 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 Hairston Councilman Stewart 231 November 12, 1998 Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • 10.B.6. Consider a resolution authorizing the Mayor to execute a Signal Interconnect Agreement with the Union Pacific Railroad Company for the reconstruction of that part of the intersection of McNeil Road and County Road 172 within Railroad right of way_ and the interconnection of the proposed new traffic signal at the intersection with the Railroad signal controls. Staff Resource Person: Jim Nuse,Public Works Director. Tom Word, Traffic Engineer reported that after 14 months the Railroad agreed to install and maintain the necessary relays and materials in their railroad signal cabinet for which the City agrees to reimburse the Railroad 100% of their actual costs estimated to be$79,189.00. The City is also required to pay the Railroad a$500.00 administrative fee. Funding for this project is available from 1997 Certificates of Obligation and Federal Surface Transportation Funds administered by the Texas Department of Transportation and the Austin Transportation Study. • Mayor Culpepper explained that the City will raise McNeil Road to meet County Road 172 to eliminate trucks getting stuck on the tracks. This will allow the City to proceed with the bidding process for the construction of the improvements. Mayor Culpepper read the following resolution. yg RESOLUTION NO. WHEREAS, the City of Round Rock desires to enter into a Signal Interconnect Agreement with Union Pacific Railroad for the reconstruction of the intersection of McNeil Road with County Road 172, and WHEREAS,Union Pacific Railroad has submitted a proposed Signal Interconnect Agreement("Agreement'), and WHEREAS,the City Council wishes to accept the proposal and 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 said Agreement, a copy of said Agreement being attached hereto and incorporated herein for all • purposes. The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: s 232 November 12, 1998 JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.13.7. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the engineering contract with Rust Lichliter/Jameson for the development of a Transportation Master Plan for the City of Round Rock. Staff Resource Person: Jim Nuse, Public Works Director. The Supplemental Agreement will increase the scope of work for the development of the Transportation Master Plan that was not included in the original contract. It will provide additional traffic modeling and traffic study services after the adoption of the Transportation Master Plan. The scope of work will increase the maximum amount payable for • services from$252,063.20 to $331,827.20 and extends the termination date of the contract from November 30, 1998 to September 30, 1999. In response to Councilman Hairston's question, Mr. Word briefly outlined the additional work the contractor has done and will be doing in response from resident input at the various meetings they attended. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an agreement for engineering services ("Agreement")with Rust Lichliter/Jameson for the development of a Transportation Master Plan for the City of Round Rock, and WHEREAS, Rust Lichliter/Jameson has submitted Supplemental Agreement No. 1 to the Agreement to provide for additional traffic modeling and traffic study services, and • WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 to the Agreement with Rust Lichliter/Jameson,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 Supplemental Agreement No. 1 to the Agreement with Rust Lichliter/Jameson to provide for additional traffic modeling and traffic study services, a copy of said supplemental agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. kt 233 November 12, 1998 RESOLVED this 12th day of November, 1998. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.B.8. Consider a resolution authorizing the Mayor to award a contract to Landmark Structures. Inc. for two water storage facilities. Staff Resource Person: Jim Nuse, Public Works Director. Mr.Nuse referred to the bid summary that was provided to the Council. The summary • outlined bids that were opened for two 1.25 million gallon elevated storage facilities. One facility will be located in the High Country Subdivision on land that is currently owned by the City of Austin. Staff is currently negotiating the purchase of that property. The other facility will be located adjacent to the Chisholm Valley Subdivision and the La Frontera property on City property that was dedicated by Tom Kouri. Mr.Nuse noted that Landmark Structures submitted the best price of$2,776,000.00, as shown on the summary, for a composite style tank for both sites at the accelerated schedule. Staff recommended award of the bid to Landmark Structures. Joe Swinnea and Gary Morazits representatives of Landmark,Brad Castleberry and Ken Haney of HDR and Steve Miller, staff engineer, were present to answer Council questions. In response to Mayor Culpepper's question,Mr. Swinnea explained that a composite style tank consists of two separate building materials, a concrete support pedestal and a steel tank. In response to Councilman Joseph's question,Mr. Swinnea said this tank will have a storage area at the base of the tank. In response to Councilman Hairston's question,Mr. Swinnea said that a composite style tank cuts down on maintenance because,the concrete does not need painting. Mayor Culpepper read the following resolution. 234 November 12, 1998 RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for two water storage facilities in Chisholm Valley and High Country, and WHEREAS, Landmark Structures, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Landmark Structures, 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 Landmark Structures, Inc., for two water storage facilities in Chisholm Valley and High Country, a copy of said contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. CHARLES CULPEPPER, Mayor ATTEST: City of Round Rock Texas JOANNE LAND, City Secretary MOTION: Councilman Pp Joseph moved to approve the resolution. Councilman Palmer p seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka • Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph p Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.B.9. Consider a resolution authorizingthe e Mayor to execute a surveying contract with Baker-Aicklen&Associates. Inc. for professional surveying services for transportation projects. Staff Resource Person: Jim Nuse,Public Works Director. Tom Word, Traffic Engineer reported that staff contacted all the survey firms in town and asked them to express their interest in the City's annual surveying contract. Proposals were received from two of the firms. After careful evaluation of the proposals, staff recommended • award of the contract to Baker-Aicklen&Associates, Inc. This contract establishes hourly rates for various services through a written work order that describes the work and estimated cost of the service at that time. The annual contract is from November 13, 1998 to September 30, 1998 and has a not to exceed payment limit of$50,000.00. Mayor Culpepper read the following resolution. 235 November 12, 1998 RESOLUTION NO. WHEREAS,the City of Round Rock desires to retain professional surveying services for transportation projects, and WHEREAS, Baker-Aicklen&Associates, Inc. has submitted an agreement to provide said services, and WHEREAS,the City Council desires to enter into said agreement with Baker-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 professional surveying services for transportation projects, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Mayor Pro-tem Stluka seconded the motion. • VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 103.10. Consider a resolution authorizing the Mayor to execute Amendment No 3 to the Engineering Service Agreement with Martinez Wright and Mendez, Inc for the Downtown Neighborhood and Library Street Improvement Project Staff Resource Person: Jim Nuse,Public Works Director. This amendment will provide engineering services for modifications and revisions to the design of the plans due to conflicts with utilities,which were discovered by the contractor during the utility exploration phase of the work and to provide more parking on Lampasas Street. The amendment is for$6,245.00 for a total engineering fee of$125,220.00. This amendment and project are funded from the 1996 General Obligation Bond Program. Staff recommended approval. Mayor Culpepper read the following resolution. RESOLUTION NO. 236 November 12, 1998 WHEREAS, the City of Round Rock, on February 6, 1997, entered into an agreement ("Agreement")with Martinez, Wright&Mendez,Inc. for engineering services for the Downtown Neighborhood and Library Boundary Street and Drainage Improvements project, and WHEREAS, Martinez, Wright&Mendez, Inc. has submitted Amendment No. 3 to the Agreement to include plan revisions to design around utilities conflicts, and for revisions to include more parking on Lampasas Street, and WHEREAS, the City Council desires to enter into said Amendment No. 3 to the Agreement with Martinez, Wright&Mendez, 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 Amendment No. 3 to the Agreement with Martinez, Wright&Mendez, Inc., to include plan revisions to design around utilities conflicts, and for revisions to include more parking on Lampasas Street. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.C.1. Consider a resolution authorizing the Mayor to execute a Funding Approval/Agreement with the U.S. Department of Housing and Urban Development(HUD). Staff Resource Person: Joe Vining,Planning Director. This agreement between the City and HUD will allow the use of the$410,000.00 Community Development Block Grant funds set aside for specific projects and activities identified in the FY 98-99 Action Plan that was adopted • with the 5-year Consolidated Plan. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the U.S. Department of Housing and Urban Development("HUD")has grant funds available to cities through the Community Development Block Grant Program, and 237 November 12, 1998 WHEREAS,the City Council wishes to make application for the available grant funds for specific projects and activities identified in the Fiscal Year 1998-1999 Action Plan that was adopted with the Five Year Consolidated Plan,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 Funding Approval/Agreement with HUD for the above-described grant, a copy of said Approval/Agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and • subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. 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. TE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez • Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.D.1. Consider a resolution expressing official intent to reimburse costs of acquiring certain vehicles and equipment. Staff Resource Person: David Kautz, Finance Director. In accordance with the operating budget, certain equipment is acquired with cash and subsequently financed for three years through a tax-exempt leasing arrangement. Because of the tax-exempt nature of the financing, Internal Revenue Service regulations require the City to state its intentions before the transactions are completed. This type of financing allows the City to replace equipment and rolling stock on a timely basis as replacement criteria are met. The cost of the equipment is spread over a period of 3 years, thus minimizing the impact on any one operating • budget. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS,the City of Round Rock, Texas (the"Issuer") is a home-rule City of the State of Texas; and WHEREAS,the Issuer expects to pay expenditures in connection with acquiring certain vehicles and equipment(the"Property"), as listed in the attached Exhibit"A",prior to the issuance of obligations to finance the Property; and 233 November 12, 1998 WHEREAS,the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations,to reimburse itself for such payments at such time as it issues obligations to finance the Property; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. That the Issuer reasonably expects to incur debt, as one or more separate series of various types of obligations,with an aggregate maximum principal amount equal to $500,000 for the • purpose of paying the costs of the Property. II. That all costs to be reimbursed pursuant hereto will be capital expenditures.No tax- exempt obligations will be issued by the Issuer in furtherance of this Resolution after a date which is later than 18 months after the later of(1)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. III. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. IV. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.E.1.Consider a resolution authorizing the Mayor to execute an agreement with • TxDOT for the installation of an Opticom System. Staff Resource Person: Lynn Bizzell,Fire Chief. This is for the installation of an Opticom System at the intersection of IH-35 and FM 1431. The Opticom System will allow the flexibility of changing the traffic lights to green at this intersection when responding to emergencies. This clears the intersection of vehicles, allowing a quicker response a time. A current agreement exists for all of the intersections in the City that are State owned. 'r. 239 November 12, 1998 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the State of Texas owns and maintains a system of highways and roadways in the City of Round Rock, and WHEREAS, the City of Round Rock wishes to install an emergency vehicle preemption system, and • WHEREAS, the City of Round Rock wishes to enter into an Agreement for the Furnishing, Installing, and Maintenance of Traffic Signal Preemption Equipment by the City of Round Rock("Agreement")with the Texas Department of Transportation,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 said Agreement, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.F.1. Consider a resolution authorizing a street closing on Saturday, November 14, 1998 from 9:00 a.m. to 12:00 noon for the Round Rock High School Band"Pledge March to the Rock" fundraiser. Staff Resource Person: Joanne Land, Assistant City Manager. The purpose of the parade is to raise funds for the band's trip to London in March. The parade will have a police • escort. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS,Round Rock High School has requested that the streets along the following parade route be closed from 9:00 o'clock a.m. until 12:00 noon on November 14, 1998 for the Round Rock High School Band"Pledge,March to the Rock"fundraiser: from the Round Rock High School Gym,right on Lake Creek Drive, left on Round Rock West Drive,Right on Bluff Drive, left on Abbey Road, left on Blue Jay Way, left on Penny Lane,right on Bluff Drive, left 240 November 12, 1998 on Lime Rock Drive, right on St. Williams Avenue, left on Deep Wood Drive,right on Creekview Drive, left on Wildwood Drive, left on Crosswood Drive, right on Oakridge Drive, left on Tejas Drive, left on Deep Wood Drive,right on Lake Creek Drive, left on Gladeview Drive, right on Dragon Drive, left on Lake Creek Drive, right on Round Rock Avenue, left at the railroad tracks, 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 streets along the parade route be closed as set forth above from 9:00 o'clock a.m. until 12:00 noon on November 14, 1998 for the Round Rock High School Band"Pledge March to the Rock"fundraiser. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.F.2. Consider a resolution authorizing_a partial street closing of Lampasas north of Main Street to the alley on Saturday.November 21. 1998 from 9.00 a.m. to 5.00 p.m. for the annual Downtown Business Association Chocolate Affair. Staff Resource Person: Joanne Land, Assistant City Manager. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Downtown Business Association of Round Rock has requested that • Lampasas Street, from Main Street to the alley immediately north of Main Street,be closed from 9:00 o'clock a.m. until 5:00 o'clock p.m. on November 21, 1998 for the annual Downtown Business Association Chocolate Affair, and WHEREAS, the City Council wishes to grant such request,Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Lampasas Street, from Main Street to the alley immediately north of Main Street,be closed as set forth above. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the i.(ltd ..;f:.l•." 241 November 12, 1998 subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. CHARLES CULPEPPER,Mayor City of Round Rock, 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.F.3. Consider a resolution accepting and acknowledging adoption,by m@Jori1y vote of the registered electors of Round Rock voting in the November 3 1998 Special Election an • initiative ordinance proposed to approve expenditure of Hotel Occupancy taxes for a multi- purpose facility/baseball stadium. Staff Resource Person: Joanne Land, Assistant City Manager. Steve Sheets noted that the purpose of this resolution is for the Council to take official action to acknowledge that the election was held on November 3, 1998 and was approved. It also acknowledges that the ordinance as proposed by the citizens committee is now officially adopted. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Article 7, Section 7.01(a) of the City of Round Rock Charter provides that qualified voters of the City shall have the power of initiative to propose certain ordinances to the City Council and, if the City Council does not adopt an ordinance so proposed, then to adopt or reject same at an election; and WHEREAS,pursuant to such cited section of the Charter, an initiative ordinance to approve the expenditure of hotel occupancy taxes for a multi-purpose facility/baseball stadium was so proposed; and WHEREAS, a copy of said proposed initiative petition is attached hereto as Exhibit "A"and incorporated by reference for all purposes; and WHEREAS, Article 7, Section 7.06 of the City of Round Rock Charter requires that the City Council either adopt the proposed initiative ordinance or call an election on the proposed initiative ordinance; and WHEREAS, on August 27, 1998 the City Council passed Ordinance No. G-98-08-27- 9A1 calling an election on the proposed initiative ordinance; and WHEREAS, a copy of said ordinance is attached hereto as Exhibit`B" and incorporated by reference for all purposes; and WHEREAS, said election was duly held on November 3, 1998,with 8,560 (72%)voting in favor of the proposed ordinance; and 242 November 12, 1998 WHEREAS, the results of said election were duly canvassed and declared official by the City Council on November 6, 1998; and WHEREAS, Article 7, Section 7.08 of the City of Round Rock Charter states, "If a majority of the registered electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the City Council.";Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor and City Council hereby accept and acknowledge • adoption,by majority vote of the registered electors of Round Rock voting in the special election of November 3, 1998, of the previously-referenced initiative ordinance attached hereto as Exhibit «A„ The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.G.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Real Estate Contract executed April 30, 1998 with Arnold Telan der for purchase of 95 acres of land. Staff Resource Person: Stephan L. Sheets, City Attorney. The original contract provided for the closing date to be November 27th but due to the two-month delay in working towards finalizing the documents they are not ready to close on November 27th. This Supplemental Agreement extends the closing date up to and including December 31, 1998, for the multi-purpose/stadium facility and gives additional consideration to Seller of an option to remove two existing windmills from the property. Mayor Culpepper read the following resolution. RESOLUTION NO. 243 November 12, 1998 WHEREAS,the City of Round Rock has previously entered into a real estate contract ("Contract"), dated April 30, 1998,with Arnold Telander to purchase approximately ninety-five (95) acres of land; and WHEREAS, it has been determined that it is now necessary to change and amend said Contract to allow an extension of closing date up to and including December 31, 1998; and WHEREAS, it has been determined that itis now desirable to further change and amend said Contract to allow additional consideration by Purchaser to Seller as an inducement to Seller to extend the closing date; and • WHEREAS, the attached Supplemental Agreement No. 1 embodies such agreed changes and 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 Supplemental Agreement No. 1 to the original Real Estate Contract, dated April 30, 1998,with Arnold Telander for purchase of approximately ninety-five(95) acres of property. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED on this 12th day of November, 1998. 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: None DISBURSEMENTS: 12.A. Consider payment of$33867.50 to Allied Consultants,Inc. for the implementation of the Finance Department Computer System Software and technical support • The current contract price is $355,000.00 and the project is funded from 1997-1998 General Operating Budget Revision No. 1. 12.B. Consider payment of$78,056.19 to C.C. Carlton Construction of Austin, Inc. for the Texas Avenue Drainage_Improvements. The current contract price is $292,077.00 and the project is funded from 1996 General Obligation Bonds/Regional Detention Funds. 244 November 12, 1998 12.C. Consider payment of$19,899.72 to C.C. Carlton Construction of Austin Inc for the Wilderness Way Drainage Improvements. The current contract price is $114,790.80 and the project is funded from 1996 General Obligation Bonds (F42). 12.D. Consider payment of$229,713.80 to CP Snider Construction Co., Inc. for the Public Library Expansion Project. The current contract price is$2,860,000.00 and the project is funded from 1996 General Obligation Bonds. 12.E. Consider payment of$29.484.00 to Camp Dresser&McKee, Inc. for the Disinfection Basin and Washwater Recovery improvements. The current contract price is $143,020.00 and the project is funded from Water System Construction Funds. 12.F. Consider payment of$84,078.73 to Chasco Contracting for the Eggers Acres Street Improvements. The current contract price is $1,025,672.50 and the project is funded from 1996 General Obligation Bonds. 12.G. Consider payment of$58,514.20 to HDR Engineering for the design phase of the Water System Improvements. The current contract price is$534,400.00 and the project is funded from Water System Construction Funds. 12.H. Consider payment of$10,748.86 to Rodriguez &Huggins, Inc. for the Park • Valley Drive roadway schematic. The current contract price is $126,239.92 and the project is funded from 1997 Certificates of Obligation. 12.1. Consider payment of$35,073.39 to Rust Environment&Infrastructure Inc. for the Master Transportation Plan. The current contract price is $252,063.20 and the project is funded form 1997 Certificates of Obligation. 12.J. Consider payment of$45,529.00 to SetPoint Builders Inc. for the Public Works Building Additions and Alternations Improvements. The current contract price is $524,000.00 and is funded by Self-Financed Construction. 12.K. Consider payment of$14,500.00 to Spencer Godfrey Architects for the desigLi of the Clay Madsen Recreation Center. The current contract price is $293,165.00 and the project is • funded by 1996 General Obligation Bonds. MOTION: Councilman Joseph moved to approve the disbursements. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer 245 November 12, 1998 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITY MANAGER'S REPORT: • At Mr. Bennett's request, Chief Bizzell briefly outlined the mutual aid fire agreement the City has with surrounding cities and how the mutual aid agreement was recently utilized with Georgetown. Chief Bizzell said that recently the Fire Department responded to Georgetown to a fire in one of Georgetown's historic buildings. Approximately 10 firefighters with two engine companies were sent to Georgetown to assist them. This agreement allows the utilization of everyone's resources to the best of their ability. COUNCIL COMMENTS: Mayor Pro-tem Stluka thanked everyone who voted in the November 3rd election. He noted that this was a record turnout for Round Rock with the total vote being over 12,000. • Hopefully, this will set the standard for the future that people need to be concerned and interested in what the Council is doing. Councilman Hairston thanked the citizens for participating in the recent election and encouraged everyone to stay involved and informed on the issues which is a healthly sign of their civic health. Councilman Hairston also encouraged everyone to support the Round Rock High School Band fundraiser. Councilman Stewart concurred with Mayor Pro-tem Stluka's comments. Councilman Palmer noted that the downtown parking has been a problem for a long time. He also complimented Andre Taylor on his singing. Councilwoman Chavez encouraged everyone to attend the Chocolate Affair. She also thanked everyone for participating in the election. Councilman Joseph echoed Councilwoman Chavez and Mayor Pro-tem Stluka s comments. He congratulated the newly elected officials throughout the County. Mayor Culpepper thanked everyone for taking the time to vote. ADJOURNMENT: There being no further business,,the meeting adjourned at 9:20 p.m. Respectfully Submitted, Joanne Land, Assistant Ci Manager/City Secretary 246 November 24, 1998 MOTION: Councilman Joseph moved to approve the resolution subject to final approval of the Ci Attorney. Councilman Stewart seconded the motion. VO E: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The otion carried unanimously. 14.F.4. Consider esolution authorizing the financing of a tanker truck for the Round Rock Volunteer Fire De taff Resource Person: David Kautz, Finance Director. The Round Rock Volunteer Fire De (RRVFD)would be loaned$30,000 under this agreement and the City would be ai over a period of two years at 0% interest. The truck will be used to contain brush fires in and un4 the City. Mayor Culpepper read the follo solution. RESOLUT N NO. WHEREAS, the Round Rock Vol ire Department provides valuable back-u • p assistance to the City of Round Rock's paid epartment; and WHEREAS, the Round Rock V r Fire Department provides additional valuable services to the City of Round Rock's paid fire d t such as responding to emergencies and natural disasters, providing preliminary em e e in ical care until other servers respond, holding community training and public awareness c sses and conducting home safety checks; and WHEREAS, the City desires to provide cert ' cial assistance to the Round Rock Volunteer Fire Department in return for and in c f such above-enumerated services provided by the Round Rock Volunteer Fire Department ow Therefore BE IT RESOLVED BY THE CITY COUNCIL THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby authorizes the City o provide financial support to the Round Rock Volunteer Fire Department in the form of assist ce in financing the purchase of a brush truck. The City Council hereby finds and declares that written tice of the date, hour,place and subject of the meeting at which this Resolution was adopted wa posted and that such meeting was open to the public as required by law at all times durin 'ch this Resolution and the subject matter hereof were discussed, considered and formally acte' upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amen d, and the Act. RESOLVED this 24th day of November, 1998. • CHARLES CULPE ER, Mayor City of Round Rock, xas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilman Joseph seconded the motion. 247 November 24, 1998 The Round Rock City Council met in Regular Session on Thursday,November 24, 1998 in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE SESSION TO ORDER- 6.30 P.M. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro-tem Robert Stluka, Councilman Earl M. Hairston, 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. at. 3.A. Executive Session as authorized by §551.071 Government Code related to pending litigation to wit: Cause No. 98-1151FM• Bandolier Corporation d/b/a Reconstruction Specialties Co. vs. City of Round Rock. The Council entered into Executive Session at 6:32 p.m. and adjourned back into Executive Session at 6:55 p.m. 4.A. Consider discussion and/or action related to pending litigation to wit: Cause No 98-1151FM; Bandolier Corporation d/b/a Reconstruction Specialties Co vs City of Round Rock. The Council took no action on this item. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Charles Culpepper,,Mayor Pro-tem Robert Stluka, Councilman Earl M. Hairston, 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 November 12, 1998 MOTION: Councilman Joseph moved to approve the minutes as submitted. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: 248 November 24, 1998 Gisele Schaefer, 2003 Woods Cove, of Putt-Putt Golf and Games invited the Council to attend a presentation on November 3oth regarding amendments to the Putt-Putt Planned Unit Development(PUD)No. 18. The proposed amendments are to change the approved gasoline bumper boats to electric and add an electric mini-cart track. She added that residents were contacted and a presentation was made on the proposed amendments to the PUD. There were many concerns that were brought up and the presentation will describe the amendments and address the concerns that were expressed. PROCLAMATIONS: At the request of Mayor Culpepper, Councilwoman Chavez read a proclamation recognizing Mrs.Nugent on her 90th birthday. PRESENTATIONS: 11 A 1 Consider a presentation concerning the purchase of Fire Apparatus for the Citv of Round Rock. Staff Resource Person: Lynn Bizzell,Fire Chief. The source of the funds are from the 1998 G.O. Bond Funds voted on by the citizens of Round Rock. Total amount available is $500,000.00, for the purchase of two trucks and equipment. Quality Fire and Rescue Apparatus bid of$387,044.83 meets our specification,budget, and delivery requirements. In • addition,we will be bidding loose equipment totaling approximately$90,000.00,bringing the total cost of both trucks to approximately$477,044.83. The two trucks are 1250 g.p.m. engines with rescue bodies on them allowing for additional space to place equipment. The equipment will be purchased from the Houston/Galveston Area Council of Governments. In response to Councilman Joseph's question, Chief Bizzell said that the City has purchased trucks from Seagraves but they have gotten out of the City's price range and are more customized which brings the cost up. I I.B.1. Consider a presentation concerning the purchase of weapons for the Police Department. Staff Resource Person: Joanne Land, Assistant City Manager. Captain Tim Ryle made the staff presentation. Staff is in the process of acquiring new equipment for the officers • and identified specific weapons that they wanted. The weapons needed to be of high quality with a caliber that everyone can use. Staff acquired three models and had all the officers fire the weapons to get a consensus on which weapon to purchase. The weapon that was selected was the Sig Sauer 40S&W. This weapon has a round between a 357 and a 45. The weapons are on the State contract and staff anticipates receiving them sometime in January. All the officers will 24 November 24, 1998 need to be qualified to fire them before they are released to them. Captain Ryle encouraged the Council attend a demonstration of the weapons. In response to Councilman Palmer's question, Captain Ryle said there are currently 91 commissioned positions on the Police force and additional weapons will be purchased so there will not be any"down time for the officers." In response to Councilman Hairston's question, Captain Ryle said a replacement weapon will be issued when a maintenance problem occurs. The officers will need to requalify with that weapon. Mayor Culpepper relayed his appreciation on the letter that the Captains and Lieutenants placed in the newspaper. Captain Ryle assured the Council and citizens that the Police Department, as it has always been, is very well under control. There have been some problems but other than that everything is operating normally with Joanne Land's help. PUBLIC HEARINGS: None ORDINANCES: 13.A.1. Consider an ordinance setting the date,time, and place for public hearings concerning the annexation of 187.8382 acres of land out of the JM Harrell Survey, A-284 (Kouri Tract). (Voluntary) (First Reading)Applicant: 35/45 Investors, L.P. Agent: W.S. Smalling. Staff Resource Person: Joe Vining,Planning Director. This property is the remainder of the Kouri Tract. It is being annexed to complete the land acquisition process for the proposed La Frontera development. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE SETTING A DATE AND TIME FOR TWO PUBLIC HEARINGS TO BE HELD IN THE CITY COUNCIL CHAMBERS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF ROUND ROCK, TEXAS, TO WIT: 187.8382 ACRES OF LAND OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, WILLIAMSON COUNTY; 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper 250 November 24, 1998 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.A.2. Consider an ordinance setting the date,time, and place for public hearings concerning the annexation of 101.26 acres of land out of the JM Harrell Survey, A-284 (Neuman Tract). (VoluntarX)(First Reading)Applicant: Cecil Neuman. Agent: W.S. Smalling. Staff Resource Person: Joe Vining, Planning Director. This tract is contiguous to the Kouri Tract and is being annexed to complete the land acquisition process for the proposed La Frontera • development. The total 101 acres can not be annexed because a portion of the tract is in Austin's Extraterritorial Jurisdiction(ETJ). Round Rock agreed several years ago that when the alignment for SH-45 was determined Round Rock would take the northern half and Austin would retain the southern half,which is in their ETJ. Mr. Vining added that staff is currently working with TxDOT's contractor to determine the best location of the right-of-way. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE SETTING A DATE AND TIME FOR TWO PUBLIC HEARINGS TO BE HELD IN THE CITY COUNCIL CHAMBERS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF ROUND ROCK, TEXAS, TO WIT: 101.26 ACRES OF LAND OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, WILLIAMSON COUNTY; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. • MOTION: Councilman Joseph moved to adopt the ordinance. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph 251 November 24, 1998 Mayor Culpepper Noes: None ACTION: The motion carried unanimously. MOTION: Councilman Joseph moved to dispense with the second reading of the t ordinance with the unanimous consent of all the Councilmembers present. Councilman Palmer • seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez CouncilmawJoseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.A.3. Consider an ordinance setting the date,time and place for public hearings concerning the annexation of 4.9945 acres of land out of the Socrates Darling_Survey No 102 Survey. A-232, and the Memucan Hunt Survey A-2713 Travis County. Texas and the Memucan Hunt Survey A-314, Williamson County, Texas (Ramtron Subdivision). (Voluntary) (First Reading) Applicant: Phillip Gaillard,Ramtron, Inc. Agent: Jim Stendebach. Staff Resource Person: Joe Vining,Planning Director. This land is being annexed to be eligible for City services for future commercial development. This tract was previously in the city limits but was disannexed at the request of the previous owner. The new owner requested annexation of the tract and is setting aside reservation of the right-of-way for SH-45. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE SETTING A DATE AND TIME FOR TWO PUBLIC HEARINGS TO BE HELD IN THE CITY COUNCIL CHAMBERS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF ROUND ROCK, TEXAS, TO WIT: 4.9945 ACRES OF LAND OUT OF THE SOCRATES DARLING SURVEY NO. 102, ABSTRACT NO. 232, AND THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 2713, TRAVIS COUNTY, AND THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY; 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph 252 November 24, 1998 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.B.1. Consider an ordinance increasing the sports field lighting fees. Second Reading) Staff Resource Person: Sharon Prete,Parks and Recreation Director. The first reading of the ordinance was approved on November 12, 1998 and there have been no changes since the first reading of the ordinance. In response to Councilman Hairston's question, Ms. Prete said there is no additional 0 burden or cost to the Youth Associations because since they pay the electric bill they will only pay for what they actually use and will not be overcharged. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1703, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY INCREASING THE SPORTS FACILITY LIGHTING FEES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.C.1.Consider an ordinance desi6ating the intersections of East Main Street with North Shennard Street and North Lampasas Street, and the intersection of North Blair Street with 253 November 24, 1998 Florence Street as All-Way Stop intersections (Second Readings Staff Resource Person: Jim Nuse: Public Works Director. The first reading of the ordinance was approved on November 12, 1998. There have been no changes since the first reading of the ordinance. Mayor Culpepper read the caption of the ordinance. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF MAIN STREET AND SHEPPARD STREET, MAIN STREET AND LAMPASAS STREET, AND BLAIR STREET AND FLORENCE STREET AS ALL-WAY STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.C.2. Consider an ordinance designating the intersection of Oaklands Drive and Falcon Drive as an All-Way Stop intersection. (Second Reading). Staff Resource Person: Jim Nuse, Public Works Director. The first reading of the ordinance was approved on November 12, 1998. There have been no changes since the first reading of the ordinance. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF OAKLANDS DRIVE AND FALCON DRIVE AS AN ALL-WAY STOP INTERSECTION; 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 254 November 24, 1998 13.C.3. Consider an ordinance authorizing the placement of stop signs at the following street intersections: on South Crossing Drive at Gattis School Road; on Willow Trail Court at South Crossing Drive.• on Sable Trail Court at South Crossing Drive; on Hollow Trail Court at South Crossing Drive; on Canyon Trail Court at South Crossing Drive; on South Crossing Drive at Juniper Trail on Jester Farms Road at Bradley Lane; on Vernell Way at Jester Farms Road; on Cora Cove at Vernell Waw on Vernell Way at Buckley Lane; on Bradley Lane at Wallin Loop (south intersection; on Wallin Loop northbound at Wallin Loop; on Wallin Loop at Bradley Lane north intersection); on Donner Path at Plantation Drive; on Henley Drive at Plantation Drive.on Henley Drive at Chatelle Drive; on Resnick Drive at Henley Drive; on Resnick Drive at Berwick Drive; on Haley's Way at Terra Street; on Juliana's Way at Terra Street; on Juliana's Way at Haley's Way; on Haley's Way at Laurel Ridge Drive, and on Bay Lane at Thibodeaux Drive. (Second Reading) Staff Resource Person: Jim Nuse, Public Works Director. The first reading of the ordinance was approved on November 12, 1998. There have been no changes since the first reading of the ordinance. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF SOUTH CROSSING DRIVE AND GATTIS SCHOOL ROAD; WILLOW TRAIL COURT AND SOUTH CROSSING DRIVE; SABLE TRAIL COURT AND SOUTH CROSSING DRIVE; HOLLOW TRAIL COURT AND SOUTH CROSSING DRIVE; CANYON TRAIL COURT AND SOUTH CROSSING DRIVE; SOUTH CROSSING DRIVE AND JUNIPER TRAIL, JESTER FARMS ROAD AND BRADLEY LANE; VERNELL WAY AND JESTER FARMS ROAD; CORA COVE AND VERNELL WAY; VERNELL WAY AND BUCKLEY LANE; BRADLEY LANE AND WALLIN LOOP; WALLIN LOOP AND WALLIN LOOP; WALLIN LOOP AND BRADLEY LANE; DONNER PATH AND PLANTATION DRIVE; HENLEY DRIVE AND PLANTATION DRIVE, HENLEY DRIVE AND CHATELLE DRIVE; RESNICK DRIVE AND HENLEY DRIVE; RESNICK DRIVE AND BERWICK DRIVE; HALEY'S WAY AND TERRA STREET; JULIANA'S WAY AND TERRA STREET; JULIANA'S WAY AND HALEY'S WAY; HALEY'S WAY AND LAUREL RIDGE DRIVE, AND. BAY LANE AT THIBODEAUX DRIVE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. • VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None f 255 November 24, 1998 ACTION: The motion carried unanimously. RESOLUTIONS: 14.A.1. Consider a resolution authorizing the Mayor to execute a license agreement with ff; Continental Homes for landscaping and related irrigation in the public right-of-way located along Lot 106, Block A, Jester Farms, Section 1 and Lot 119, Block G Jester Farms, Section 2 Applicant: Continental Homes. Staff Resource Person: Joe Vining, Planning Director. The developer set aside additional land for the landscaping and signage purposes so it will not interfere with the public utilities. k, Councilman Stewart encouraged that this type of action be developed into a policy in respect to all future developments. Councilman Stewart added that there has been a brief discussion to include sleeving under future roadways or reconstruction or repaving of roadways to accommodate irrigation. Mr. Vining noted that the revised Subdivision Ordinance will include Councilman Stewart's suggestions. Mayor Culpepper read the following resolution. • RESOLUTION NO. WHEREAS, the City of Round Rock, Texas, is the owner of the public right-of-way located along the east side of Sunrise Road from Bowman Road to Bradley Lane, and WHEREAS, Continental Homes of Texas, L.P., the owner of the real property located adjacent to the right-of-way, desires to exercise certain rights and privileges upon the unpaved portion of the public right-of-way located along the east side of Sunrise Road from Bowman Road to Bradley Lane,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 License Agreement with Continental Homes of Texas, L.P. for the right to install, construct, operate, maintain, upgrade, and repair landscaping and irrigation systems in and upon the public right-of-way located along the east side of Sunrise Road from Bowman Road to Bradley Lane, a copy of which is attached hereto as Exhibit "A". The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November, 1998. • CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka 256 November 24, 1998 Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 14.B.1.Consider a resolution regarding an amended assessment plan for the Encino Plaza Public Improvement District(PID) and calling a public hearing regarding such plan. Staff Resource Person: Steve Sheets, City Attorney. When the PID was first approved there was a subdivision plat that was a part of the PID. As the PID developed lot lines changed and some of the lots are smaller than others. Due to this the Assessment Plan needs to be reallocated based on the current lot lines. This resolution calls a public hearing regarding the Plan. Mayor Culpepper read the following resolution. RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER AN AMENDED ASSESSMENT/SERVICE PLAN FOR ENCINO PLAZA PUBLIC IMPROVEMENT DISTRICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Chapter 372 of the Local Government Code and Resolution No. R-96-12-12-1OC and Ordinance No. G-97-02-27-9E approved by the City Council on December 12, 1996 and February 27, 1997, respectively, the City Council authorized the creation of the Encino Plaza Public Improvement District(the "District") and levied assessments on the property owners within such District to pay for the public improvements necessary to encourage commercial development within the area; and WHEREAS, certain properties within the District have been further subdivided to enable fiu-ther development and additionally certain property owners within the District have prepaid their assessment; and WHEREAS, pursuant to Sections 372.013(b), 372.015(d) and 372.018 of the Local Government Code, and due to the subdivision of lots and prepayment of certain assessments, the City Council must review the assessment/service plan and hold a public hearing regarding any changes in such plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: Section 1. Upon receipt of evidence satisfactory to the City Attorney that the assessments on Lots 1 and 2 of the Round Rock Nissan Subdivision have been prepaid such assessment lien shall be released and evidence of such release shall be filed in the appropriate real property records. Section 2. The City Council shall consider an amendment to the assessment/service plan at a public hearing to be held on December 10, 1998 and notice of such hearing shall be mailed • to all property owners and published in the Round Rock Leader in substantially the form attached hereto as Exhibit "A" all in accordance with Chapter 372 of the Local Government Code. A draft of the amendment to the assessment/service plan shall remain'on file with the City Secretary. Section 3. The Mayor, the City Secretary and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary and/or convenient to carry out the terms of this Resolution. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November, 1998. 257 November 24, 1998 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 14.C.1.Consider a resolution authorizing the Mayor to execute an engineering contract with Earth Tech Transportation Services for the preparation of schematics, environmental documents, right of way documents,plans, specifications and estimates for the realignment of South Mays Street, Dell Way, Hester's Crossing and the extension of Gattis School Road from South Mas Street to the IH 35 East Frontage Road at a cost of$294,000.00. Staff Resource Person: Tom Word, Traffic Engineer. This contract will be split into two parts one is the State project and another part of the project will deliver plans for City street projects specifically the extension of Gattis School Road from South Mays to the frontage road, Dell Way south of Hester's Crossing connection and the connection to the parking lot of the Boardwalk from Dell Way. In response to Councilman Hairston's question,Mr. Word said the state will probably come"on line"in about 60 days. The State contract will go to contract probably in about two years because an environmental assessment needs to be done which will go through State and Federal reviews. The right-of-way acquisition process cannot start until that is complete by • Federal rule and then there are utility adjustments. The Gattis School Road connection to the frontage road, the Dell Way realignment and the connection through the parking lot will be City projects and will have an independent timeline than the State project. Those should be underway in less than a year. In response to Councilman Palmer's question,Mr. Word said since this project will involve federal funds the City has to follow the federal rules. Federal rules say the City cannot 258 November 24, 1998 make an offer to purchase properties until after the environmental impact assessment is complete and public hearings have been conducted, a record of the decision is announced and filed by the Federal Government. Staff is looking at approximately nine months at best until staff reaches that point. At that point an offer can be made to the property owners. Mr. Word added that there is a process to consider hardship acquisition,which could occur before the nine-month period and • would require special notes to be placed in the deeds but the City cannot go to the property owner and make an offer. They have to come to the City on an individual basis make their case for the hardship acquisition and if it meets the criteria for that then on an individual basis acquisition could occur. In response Mayor Pro-tem's question,Mr. Word said the connection of the road between Dell Way and the Boardwalk will be immediately east of the Home Depot landscaped yard. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the preparation of schematics, environmental documents, right-of-way documents, plans, specifications, and estimates for the realignment of South Mays Street, Dell Way, Hester's Crossing, and the extension of Gattis School Road from South Mays Street to the IH-35 East • Frontage Road, and WHEREAS, Earth Tech Transportation Services has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with Earth Tech Transportation Services,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 Earth Tech Transportation Services, for the preparation of schematics, environmental documents, right-of-way documents, plans, specifications, and estimates for the realignment of South Mays Street, Dell Way, Hester's Crossing, and the extension of Gattis School Road from South Mays Street to the IH-35 East Frontage Road, a copy of said contract beingattached hereto and incorporated herein for all e rp purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November, 1998. 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 Hairston Councilman Stewart 259 November 24, 1998 Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • 14.C.2. Consider a resolution authorizing the Mayor to execute an agreement with Associated Consulting Engineers, Inc. for several wastewater pipeline rehabilitation projects. Staff Resource Person: Jim Nuse,Public Works Director. This firm was selected through a structured interview and selection process several weeks ago. The proposed preliminary engineering agreement is valued at$19,790.00. The scope of work includes the following wastewater lines: Stone Street to Georgetown Street; Lake Creek at Burnet Avenue, Florence at Blair Street; FM 620 at Lake Creek shopping center; Fannin to Milam Avenue and Zephyr Lane to Gattis School Road. All these areas have a history of repeat blockage or backups. The engineering task will be to produce a rehabilitation plan to correct these deficiencies. Mayor Culpepper read the following resolution. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain engineering services for several wastewater pipeline rehabilitation projects, and WHEREAS, Associated Consulting Engineers, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Associated Consulting Engineers, 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 Associated Consulting Engineers, Inc., for several wastewater pipeline rehabilitation projects, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November, 1998. 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart 260 November 24, 1998 Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 14.C.3. Consider a resolution authorizingthe e Mayor to execute Contract Change Order • No. 1 with SetPoint Builders, Inc. for the Public Works Expansion&Addition. Staff Resource Person: Jim Nuse,Public Works Director. This change order will provide for additional depth of foundation pier holes and the handling of water in the holes during construction. Additional concrete was needed as depth of pier holes was increased due to soil conditions. The change order totals $11,540.40 and makes the current contract amount$535,540.40. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Setpoint Builders, Inc. for the Public Works Building Expansion and Addition Project, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 1,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 • Contract Change Order No. -1 to the Contract with Setpoint Builders, Inc. for the Public Works Building Expansion and Addition Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. f, .2 61 November 24, 1998 14.C.4. Consider a resolution authorizingthe Mayor to reject all bids received for the Woods Waterline Replacement Project . Staff Resource Person: Jim Nuse,Public Works Director. Bids were opened November 17, 1998 and after review of the bids and interview with the apparent low bidder, it was determined that the plans were not sufficiently clear as to the • unusual assignment of the water main. Staff recommended that the plans be clarified and to rebid the project. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Woods Waterline Replacement Project, and - WHEREAS, the Council has determined that all bids received should be rejected and the Project should be re-bid,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That all bids received for the Woods Waterline Replacement Project are hereby rejected and the Project should be re-bid. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November, 1998. • 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • 14.D.1. Consider a resolution authorizing the closing of Main Street between Mays Street and Sheppard Street on December 11, 1998 from 4:00 p.m. to 12:00 midnight for Christmas Family Night. Staff Resource Person: Sharon Prete, Director. This year will mark the 19th year that the City has taken this opportunity to say thank you to all its citizens in a free, fun, festive manner. Mayor Culpepper read the following resolution. 262 November 24, 1998 14.C.4. Consider a resolution authorizing the Mayor to reject all bids received for the Woods Waterline Replacement Project. . Staff Resource Person: Jim Nuse,Public Works Director. ids were opened November 17, 1998 and after review of the bids and interview with the apparent ow bidder, it was determined that the plans were not sufficiently clear as to the unusual assi ent of the water main. Staff recommended that the plans be clarified and to rebid • the project. Mayor Culpe per read the following resolution. RESOLUTION NO. WHEREAS, the f Round Rock has duly advertised for bids for the Woods Waterline Replacement Pro , WHEREAS, the Co 1 has determined that all bids received should be rejected and the Project should be re-bid,Now erefore, BE IT RESOLVED BY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That all bids received for oods Waterline Replacement Project are hereby rejected and the Project should be re-bid. The City Council hereby fin declares that written notice of the date, hour,place and subject of the meeting at which this esolution was adopted was posted and that such meeting was open to the public as required b aw at all times during which this Resolution and the subject matter hereof were discussed, co d and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas o ent Code, as amended, and the Act. RESOLVED this 24th day of berg 1998. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to appr ve r olution. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 14.D.1. Consider a resolution authorizing the closing of Main Stree between Ma ys • Street and She and Street on December 11 1998 from 4:0012.m. to 12:00 mi i ht for Christmas Family Night. Staff Resource Person: Sharon Prete,Director. This ye will mark the 19th year that the City has taken this opportunity to say thank you to all its citizens in a free, fun, festive manner. Mayor Culpepper read the following resolution. 263 November 24, 1998 RESOLUTION NO. WHEREAS, the Parks and Recreation Department of Round Rock has requested that Main Street between Mays Street and Sheppard Street, be closed from 4:00 o'clock p.m. until 12:00 o'clock midnight on December 11, 1998 for Christmas Family Night, and WHEREAS, the Council wishes to grantsuch request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Main Street between Mays Street and Sheppard Street, be closed from 4:00 o'clock • p.m. until 12:00 o'clock midnight on December 11, 1998 for Christmas Family Night. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November, 1998. 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 Hairston Councilman Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 14.D.2. Consider a resolution authorizing the Parks and Recreation Department to apply for a Community Outdoor Outreach Program Grant. Staff Resource Person: Sharon Prete, Parks and Recreation Director. Staff made a presentation on this item at the last Council meeting. Outdoor Odyssey is a program designed to teach at-risk youth life skills such as leadership, communication, self-value, initiative and teamwork through a camping experience Spring and Fall sessions will be offered to 25 youth each session. The total program cost is $18,700.00, of that total, the City's match is $9,200.00 representing in-kind salaries. • Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Texas Parks and Wildlife Department has grant funds available to cities for a Community Outdoor Outreach Program, and WHEREAS, the City Council wishes to make application for the available grant funds to be used for the Outdoor Odyssey Program, a program designed to teach at-risk youth life skills such as leadership, communication, self-value, initiative and teamwork through a camping experience,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 264 November 24, 1998 That the Mayor is hereby authorized and directed to make the necessary application for the above-described grant. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at.all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November, 1998. 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 14.D.3. Consider a resolution amending the architect's agreement with Spencer GodfreX for design of the Clay Madsen Recreation Center to include a Pool Design Consultant. Staff Resource Person: Sharon Prete,Parks and Recreation Director. When the City initially entered into the contract with Spencer Godfrey staff had not identified who would be doing the design on the pool. This resolution amends the architect's agreement to include Ocean Quest as the Pool Design Consultant. The contract will be increased by$24,750.00, for a total of$314,750.00. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Spencer Godfrey Architects for architectural services for the design of the Clay Madsen Recreation Center, and WHEREAS, it has been determined that it is necessary to change said Contract in • accordance with the attached Third Agreement Modifying Written Contract,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 Third Agreement Modifying Written Contract with Spencer Godfrey Architects for architectural services for the design of the Clay Madsen Recreation Center, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. 3 _ 265 November 24, 1998 RESOLVED this 24th day of November, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 14.D.4. Consider a resolution authorizing the Mayor to execute the necess= agreements with the Texas Forest Service for the Urban and Community Forestry Grant Program and committing$18,000.00 as the City's ,grant match. Staff Resource Person: Sharon Prete, • Parks and Recreation Director. This is the grant that the City has been awarded to assist in funding the Urban Forester position. This is a five-year program that requires annual submittals with a set-funding schedule. The schedule is as follows: Year 1 $18,000.00 Year 2 $15,000.00 Year 3 $10,000.00 Year 4 $10,000.00 Year 5 $10,000.00 Mayor Culpepper read the following resolution. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK AUTHORIZING THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AGREEMENTS ASSOCIATED WITH THE "URBAN AND COMMUNITY FORESTRY PROGRAM" GRANT REQUEST AND COMMITTING SHARED COST OF THE PROJECT AS DESCRIBED IN THE GRANT APPLICATION. • WHEREAS, the 101st Congress of the United States, in developing the Forestry Title of the 1990 Farm Bill, found that the health of forests in urban areas and communities is on the decline; and that these forests, trees, and open spaces improve the quality of life for residents, enhance economic value of property, and are effective at reducing the buildup of carbon dioxide, and WHEREAS, Congress defined the purposes of this program to include improving the understanding of the benefits of preserving existing tree cover; encourage property owners to maintain trees and expand forest cover; provide educational and technical assistance to local organizations in maintaining and expanding forest cover; provide competitive matching grants to local units of government and other approved organizations for urban forestry projects; implement a tree planting program; promote the establishment of demonstration projects to 266 November 24, 1998 illustrate the benefits of forest cover; and enhance technical skills of individuals involved in establishing or maintaining urban forest, and WHEREAS, the City of Round Rock is eligible to participate in this program and has successfully submitted a grant application in the amount of$18,000.00,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, Section 1: The City Council hereby authorizes the Mayor to execute all agreements associated with the "Urban and Community Forestry Program" Grant with the Texas Forest Service. Section 2: The City Council commits to providing its share of the project costs through "in-kind" services as described in the grant application. Section 3: The City Council endorses and permits the planting of trees on public property under their jurisdiction in the City of Round Rock. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 14.E.1. Consider a resolution authorizingthe e Mayor to execute Contract Change Order No 1 with C P Snider Construction Companv for the Library addition and remodel project . Staff resource Person: Dale Ricklefs, Library Director. This change order request was made by Library staff and includes the following items: Computer room enlarged, a counter top and cabinet along with water and wastewater plumbing for sink is added to meeting room 106, and • electrical and telephone data modifications at reference desk. The change order totals $10,435.00 and increases the total contract to $2,870,435.00. This project is funded by the General Obligation Bond Program. Mayor Culpepper read the following resolution. RESOLUTION NO. 267 November 24, 1998 WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with C.P. Snider Construction Co., Inc. for the Library Addition and Remodel Project, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 1,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 Contract Change Order No. 1 to the Contract with C.P. Snider Construction Co., Inc. for the Library Addition and Remodel Project. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November, 1998. 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer • Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 14.F.1. Consider a resolution authorizing the Mayor to execute an agreement with HealthCare Benefits.Inc. for third party administration of the City's self-funded health plan. Staff Resource Person: David Kautz,Finance Director. This agreement with HealthCare Benefits,Inc. (HBI)provides for third-party administration and claims payments for the City's self-funded health plan which includes medical, dental and vision care. The term of this agreement is for the period of one year(renewable) and commences on December 1, 1998. HBI has been the third-party administrator for the past 4 years. • Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional services to provide independent third-party administration of the City's self-funded health plan, and WHEREAS, Healthcare Benefits, Inc. will submit an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with HealthCare Benefits, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 266 November 24, 1998 That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with HealthCare Benefits, Inc. to provide independent third-party administration of the City's self-funded health plan, subject to the City Manager's and City Attorney's approval of the final language and terms. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November, 1998. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • 14.F.2. Consider a resolution awarding the bid for stop loss reinsurance to Southland Life Insurance Company, Staff Resource Person: David Kautz, Finance Director. The stop loss reinsurance provides coverage for the City's health benefit plan claims payments,which exceed limits,which the City has chosen to self-insure. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the City's stop loss reinsurance, and WHEREAS, Southland Life Insurance Company has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Southland Life Insurance Company,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Southland Life Insurance Company is hereby accepted as the lowest and best bid for the City's stop loss reinsurance. The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November, 1998. CHARLES CULPEPPER,Mayor City of Round Rock, Texas 269 November 24, 1998 ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution subject approval of the City Attorney. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 14.F.3. Consider a resolution authorizing the Mayor to execute an agreement with American Family Life Assurance Company(AFLAC) for third party administration of Medical Care and Dependant Care reimbursement accounts. Staff Resource Person: Teresa S. Bledsoe, Human Resource Director. This agreement with AFLAC provides third-party administration of City's cafeteria plan Flexible Spending Accounts for medical and dependent care reimbursement. • The term of this agreement is for the period of one year renewable,December 1, 1998 through November 30, 1999. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to provide its eligible employees with a flexible benefits plan for certain insurance areas; and WHEREAS, in furtherance of such objective, the City desires to enter into an agreement with American Family Life Assurance Company (AFLAC) to participate in its AFLAC FLEX ONE cafeteria plan; and WHEREAS, entry into such plan requires execution of Flexible Benefits Plan documents such as Adoption Agreement, Plan Document, and Benefit Plans and Policies including Dependent Care Expense Reimbursement Plan and/or Medical Care Expense Reimbursement Plan; 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 execute on behalf of the City the necessary documents with AFLAC to initiate its AFLAC FLEX ONE cafeteria plan. • The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November, 1998. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary 270 November 24, 1998 MOTION: Councilman Joseph moved to approve the resolution subject to final approval of the City Attorney. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez 0 Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 14.F.4. Consider a resolution authorizing the financing of a tanker truck for the Round Rock Volunteer Fire Department. Staff Resource Person: David Kautz, Finance Director. The Round Rock Volunteer Fire Department(RRVFD)would be loaned$30,000 under this agreement and the City would be repaid over a period of two years at 0%interest. The truck will be used to contain brush fires in and around the City. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Round Rock Volunteer Fire Department provides valuable back-u • P assistance to the City of Round Rock's paid fire department; and WHEREAS, the Round Rock Volunteer Fire Department provides additional valuable services to the City of Round Rock's paid fire department such as responding to emergencies and natural disasters, providing preliminary emergency medical care until other servers respond, holding community training and public awareness classes, and conducting home safety checks; and WHEREAS, the City desires to provide certain financial assistance to the Round Rock Volunteer Fire Department in return for and in consideration of such above-enumerated services provided by the Round Rock Volunteer Fire Department; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby authorizes the City to provide financial support to the Round Rock Volunteer Fire Department in the form of assistance in financing the purchase of a brush truck. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of November,1998. • 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. Pr 271 November 24, 1998 VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: 15.A. Consider 4 appointments to the Round Rock Transportation System Development Corporation pursuant to Article 5190.6. Section 4B,V A T S Staff Resource Person: Joanne Land, Assistant City Manager. Terms will expire in November for the two positions held by Councilmembers (Mayor Culpepper and Councilman Stewart) and two positions held by City residents (Mike Robinson and Gayla Manbeck). 1ST MOTION: Councilman Palmer moved to reappoint Mayor Culpepper, Councilman Stewart, Mike Robinson and Gayla Manbeck to the Transportation System Development Corporation. Councilwoman Chavez seconded the motion. • 21''D MOTION: Councilman Hairston moved to amend the motion by appointing the two Councilmembers and advertise the non-Council positions for the residents. The 2"motion failed for a lack of a second. VOTE ON IST MOTION: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. DISBURSEMENTS: • 16.A. Consider payment of$15,366.72 to C.C. Carlton Construction of Austin, Inc. for the Reclaimed Wastewater Pipeline. The current contract price is $341,100.00 and the project is funded from Wastewater System Construction Funds. 16.B. Consider payment of$11,305.00 to Cunningham Constructors &Associates, Inc. for the Water Treatment Plant Phase I &II Improvements. The current contract price is $234,800.00 and the project is funded from Water System Construction Funds. 272 November 24, 1998 16.C. Consider final payment of$32,976.57 to Garnet'Construction for the alternate waterline feed at the Water Plant. The current contract price is $196,506.57 and the project is funded from Water System Construction Funds. 16.1). Consider payment of$10,963.00 to SetPoint Builders, Inc. for the Public Works Building Additions and Alternations Improvements. The current contract price is $535,540.00 and is funded by Self-Financed Construction. 16.E. Consider payment of$30,625.00 to Spencer Godfrey Architects for the design and additional pool consultant services for the Clay Madsen Recreation Center. The current contract price is $317,915.00 and the project is funded by 1996 General Obligation Bonds. MOTION: Councilman Joseph moved to approve the disbursements. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITY MANAGER'S REPORT: Bob Bennett asked that a Special Called Council meeting be held on December 3, 1998 at 7:00 p.m. for an update on the status of the multi-purpose facilitylbaseball stadium. COUNCIL COMMENTS: The Council wished everyone a safe and Happy Thanksgiving. Councilwoman Chavez wished good luck to Texas A&M when they play UT. Councilman Joseph noted that his sister's mother-in-law was in town visiting from Indiana. He also wished David Kautz an early Happy Birthday. Mayor Culpepper said he received a congratulatory note from a friend on the outcome of the election. His friend said he ran across an appropriate quote,which read, "As long as the growing City is willing to remain a unity so big let it grow but no further." Mayor Culpepper it was written by Plato in the Republic about 400 BC ADJOURNMENT: The being no further business,the meeting adjourned at 8:28 p.m. Res c ly u i e , oanne Land, Assistant City Manager/City Secretary 273 November 30, 1998 The Round Rock City Council and Planning and Zoning Commission met in joint session for a special called meeting on Monday, November 30, 1998, at 7:00 p.m. at the Putt Putt Golf and Games facility located at 301 Chisholm Trail, Round Rock,Texas. ROLL CALL: A formal roll call was not taken,but during the course of the i meeting the following City Council members were present: Mayor Charles Culpepper, Councilman Earl M. Hairston, Councilman Rick Stewart,Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Mayor Pro-tem Robert Stluka was absent. Members present from the Planning and Zoning Commission were Chairman Al Kosik,Secretary Carrie Pitt,Commissioner Bob Belanger, Commissioner Jim Cotton, Commissioner Frank Del Castillo, Commissioner Michael Jergins, Commissioner Brian Lott, and Commissioner Thomas Nielson. Commissioner Peter Drapes was absent. Also present were City Manager Bob Bennett, Director of Planning and Community Development Joe Vining. Consider a presentation to the City Council and Planning and Zoning Commission concerning proposed additional activities at Putt Putt Golf and Games Joe Schaffer, owner of Putt Putt Golf and Games, invited interested persons to gather together so they could watch and listen to the proposed go-cart as it coursed through the parking lot. He presented details about the vehicle's construction and answered questions concerning the proposed go cart track. While the go-cart continued to run through the parking lot,Mr. Schaffer presented his future facility expansion plans. Members of the City Council and the Planning and Zoning Commission visited with citizens who came for the presentation to get their thoughts on how they felt the addition of a go cart tract would impact them. The group was invited inside the facility to watch a video of other Putt Putt go- Ile cart tracts. The Putt Putt facilities featured in the video were located in Hurst and in Arlington. Schaffer said he had copies of letters from the adjacent property owners at these locations claiming that they did not have any problems associated with the Putt Putt facility. 274 November 30, 1998 Mayor Culpepper pointed out that comparing Arlington or Hurst to Round Rock was not fair because those facilities were located on major roadways designed to handle traffic and were not located adjacent to single family residential areas or churches. Questions from residents,City Council and the Planning and Zoning Commission concerning traffic impact, noise pollution, light pollution,neighborhood compatibility, and hours of operation were not satisfactorily addressed by Mr. Schaffer or his business associates. Mr. Harold Vogler voiced concerns about the project jeopardizing plans for a retirement facility proposed on his property. Mr. Vogler pointed out what he considered inconsistencies with the Round Rock Putt Putt development plan and said that this proposed amendment was not feasible. There was discussion about the condition of Chisholm Trail,funding requirements, other land use possibilities and economic considerations. ADTOURNMENT: There being no further business, the meeting adjourned at 8:20 p.m. Respectfully submitted, • �Land, ssistant City Manager/ City Secretary • 275 December 3, 1998 The Round Rock City Council met in a Special Called Session on Thursday, December 3, 1998 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 was out of town attending the National League of Cities Conference and Councilman Earl M. Hairston arrived during item 4A. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. RESOLUTIONS: 3.A.1. Consider a resolution authorizing the Mayor to execute the necessary documents for the use of the old Albertson's building for Blue Santa Staff Resource Person: Joanne Land, Assistant City Manager. Staff recommended that the Council approve a non-exclusive license agreement with Albertson's Inc. for the use of the former Albertson's Store for this year's Coats for Kids Program and Blue Santa. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to enter into a Non-Exclusive License Agreement with Albertson's, Inc. for the use of the former Albertson's store at 2200 IH-35 South for Coats For Kids and Blue Santa charitable operations, and WHEREAS, Albertson's, Inc. has proposed a Non-Exclusive License Agreement, and WHEREAS, the City Council wishes to accept the proposal and 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 a Non- Exclusive License Agreement with Albertson's, Inc. for Coats For Kids and Blue Santa charitable operations. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 3rd day of December, 1998. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: • JOANNE LAND Ci Secretary ary MOTION: Councilman Joseph moved to approve the resolution. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper 276 December 3, 1998 Noes: None Absent: Mayor Pro-tem Stluka Councilman Hairston ACTION: The motion carried unanimously. WORK SESSION: 4.A.1. Consider a presentation concerning the multi-purpose facility/baseball stadium financing; construction and lease agreement. Bob Bennett made the staff presentation. Staff has been discussing the financing of the multi-purpose facility/baseball stadium with RSR Sports since November 3rd. Staff is using the Memorandum of Understanding as the basis of discussions and work on the financing of the facility. Currently, staff is not prepared to present and discuss the lease or development agreements. Jim Nuse reported that the geotechnical work has been completed but staff has not received the official report. He added that preliminary indication shows that conditions throughout the site, east and west half, are favorable which can help in deciding where the facility can be located. At Mayor Culpepper's request, Mr. Nuse explained that the geotechnical process consists of a machine drilling holes into the ground, generally around 30 feet deep, and bringing up core samples on the type material that is beneath the ground. This helps in • determining the kind of foundation and structure that needs to be built on top. The east side of the site has hard lime stone which is about 16 feet to 22 feet deep and the west side has about 14 feet to 16 feet deep. There is good soil on top of the site,which will make it workable. Mr.Nuse added that Phase 1 of the environmental survey has been completed and the site is clear of environmental hazardous material. Also the archaeological fieldwork has been completed and staff is waiting on the report. Mr. Nuse concluded by outlining the following Convention Center Complex/Stadium Project Schedule. December 3 Notice to paper for the Request for Proposals December 3 Special Called Council meeting • • Discussion of project schedule December 7 First"Notice to Bidders"published notifies potential bidders December 10 Regular Council meeting December 14 Second"Notice to Bidders"published • Bond offering document prepared 277 December 3, 1998 December 17 Special Called Council meeting(if necessary) • Day when detail schematics from architect are due December 22 Regular Council meeting • Enter into Lease Agreement • • Award Bid December 29 Special Called Council meeting(if necessary) December 30 Last day for real estate closing January 14 Enter into design build agreement for the construction of the stadium } Councilman Joseph asked if a berm seating section was proposed for the stadium. Staff did not have that information at the present time. Councilman Hairston expressed his concern on the number of Special Called Council meetings that were proposed during the holiday season. Councilman Hairston added that it would be helpful to know when the next meeting will be with as much advance notice as possible. This is because the Council is currently receiving invitations for different events and there may have • to be either a postponement or cancellation of an,appointment with a neighborhood group or celebration. Mayor Culpepper said that if staff had finished the financing details tonight's meeting would have been longer but since staff was delayed until after the November 3rd election they are now having to condense everything that was going to happen in the summer between now and January 14th. Councilman Hairston noted that as for his schedule is concerned, the meetings don't have to be on a Thursday. ADJOURNMENT: There being no further business, the meeting adjourned at 7:10 p.m. Respectfully submitted, folmne Land,Assistant City Manager/ City Secretary • 278 PAGES 278 THROUGH 300 WERE INTENTIONALLY LEFT BLANK MINUTES OF THE CITY COUNCIL MEETINGS CONTINUE IN BOOK 40. • • 279 280 281 282 283 284 285 286 287 288 289 290 zsi • • • 292 293 294 295 296 297 298 299 300