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MINUTE BOOK 40 1998-1999 1 December 10, 1998 The Round Rock City Council met in Work Session and Regular Session on Thursday, December 10,1998 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 and discussion of a preliminary regional water proposal by the Lower Colorado River Authority/Brazos River Authority Alliance representatives Resource Persons: Bob Bennett, City Manager and representatives of the Alliance. Mr. Bennett explained that at the Council's retreat this past summer, the Council placed a high priority on the possibilities of developing a regional water system for the City and for this area of Williamson County. Staff has been discussing informally with the Brazos River Authority and Lower Colorado River Authority, the Alliance, on the possibilities of this concept. Tom Ray of the Brazos River Authority gave a brief history of the Regional Wastewater Alliance. He noted that the Alliance was formed in 1995 and brought together the resources, expertise and experience of the Brazos River Authority and Lower Colorado River Authority. Since the formation of the Alliance not only has there been a significant payoff but it also provides a reliable wastewater service that protects the quality of Brushy Creek water. Mr. Ray and Joe Beal of the Lower Colorado River Authority shared ideas on how the Alliance can help deliver long term permanent water supply for Round Rock and Williamson County. Mr. Beal briefly explained what the long term water needs will be for Round Rock to the year 2050 and options that can be taken to assure that there is enough water for the area. • The Council spoke favorably on the concept of a Water Alliance for Round Rock. 3.A.2. Consider a presentation and discussion regarding a progress report on the Round Rock Convention Complex/Stadium. Staff Resource Person: Bob Bennett, City Manager. Mr. Bennett gave a brief history on the how the location of the Complex was determined, on the contract with Mr. Telander for the purchase of 95 acres, which after being surveyed is 88 acres, the delay of purchasing the Telander tract and that all negotiations and discussions stopped until 2 December 10, 1998 after the election. Currently, staff is in the process of catching up after the delay from the election. Staff discovered that 40 acres is all that was required for an adequate stadium and there was concern on what would happen to the other 48 acres of the Telander tract. Staff wanted to protect that piece of land adjacent to the proposed stadium and keep the area as nice as possible. Staff asked the Ryan's if there was some way they could purchase the 48 acres. After considering • that option they did agree to purchase the property. The architect can now create an integrated, intricate, economic unit for the Complex making the stadium the focus point. Mr. Bennett added that the City is still proceeding within the cash flows that the Hotel/Motel Tax can provide for debt service and issuing no more than$9 millions in debt. Staff has been working with RSR Sports on the possibility of moving more of the borrowed money into construction and to maximize how much money can be borrowed not exceeding$9 million and taking that to construction. At the same time while this is going on, staff is looking at traditional bond issues that the City has done in the past as a safety net. Mr. Thiessen helped generate options from commercial banks and all parties are satisfied. David Kautz gave a brief presentation on the financing of the facility. He explained the various options that can be considered for the financing and continues to run scenarios, figures • and analysis with the City's Financial Advisor and the Underwriters and Mr. Thiessen. Mike Thiessen, Financial Advisor for RSR Sports, said there will be some announcements in relation to the overall financing. There are four(4) and at least six (6) different scenarios that are currently being reviewed. Mr. Thiessen said that RSR Sports has a contract with HKS Architects and they will pay for their architectural fees and expenses,which is $925,000. RSR Sports will make a cash donation to the City.unencumbered. They would hope it will be used to purchase the 48 acres that Mr. Bennett spoke of earlier. RSR Sports will put another$2 million in to the project in addition to the$4 million and the lease payments which have not changed or letter of credit which is not a question and ideally they would like to, if the City will allow them, reserve the right to give the City more money in the future if there are • things that they feel may be advantageous to the project from a quality level that everyone can be proud of. They want to do this because the bids will not be coming back until the end of January. Mayor Pro-tem Stluka commended Mayor Culpepper, staff and Mr. Thiessen on the negotiations that occurred to keep the City's commitment at $9 million. December 10, 1998 In response to Mayor Pro-tem Stluka's request,Mr. Kautz explained how and why the bonding issue option is taxable in the beginning and becomes non-taxable later. In response to Councilman Hairston's request, Mr. Kautz outlined the market study conducted by Economic Research Associates (ERA)with respect to the number of bedrooms, the annual debt service and how RSR Sports is assuming the actual risk of the project. Mr. Kautz • added that ERA will be back in the area next week to take an additional look at local hotel industry and reassess the information they previously provided. Mayor Culpepper noted that it was unfortunate that some articles got published in the newspaper when negotiating. With such a high profile project like this emotions run high. He added that there are no hard feelings between the City and Mike Thiessen. Mayor Culpepper added"Mike Thiessen is doing a wonderful job for RSR in representing them. This is the highest profile project in Central Texas right now because Nolan Ryan's name is attached to it and because there is a hunger for professional sports." Steve Sheets explained that changes were made in the schedule for preparing the bid package for the project. The Council will still award the contract on January 14'and the • construction will still begin on March 1". The Council will not need to meet in a Special Called Session on December 17th. 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 24, 1998; Special Called • Session December 3, 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 4 December 10, 1998 Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: None PROCLAMATIONS: None PRESENTATIONS: • 10.A.1. Consider presentation concerning reorganization of the Economic Development Committee of the Round Rock Chamber of Commerce. Staff Resource Person: Bob Bennett, City Manager. Keith Hickman will make a presentation on the new and improved Economic and Community Development Committee(E.C.D.C.). A Task Force was formed six months ago to review the direction of the Economic Development Committee. Members of the Task Force are Keith Hickman, Chair,Ron Hagood, Jim Boles, Steve Kinslow, Jon Sloan, John Moman and Phil Brewer. The Committee was reorganized into a Steering Committee who handles the day to day operations of the E.C.D.C. The members of the Steering Committee are the Chairperson of the ECDC, Chair-elect of ECDC, Past Chair of ECDC, Chair's of Standing Committees,Vice Chair's of Standing Committees and 15 members. The Ex-Officio members are the Mayor of • Round Rock, a City Council member, County Commissioners,RRISD Superintendent of Schools, President of RRISD School Board and City Manager. The subcommittees, members and their mission are as follows: Community Advocacy- Tom Neilson, Chair, Joe Baker, Vice-Chair • Promote Athletic Facilities • Identify and Promote Quality of Life Issues • Review the City of Round Rock General Plan Transportation- Jim Boles, Chair, Joe Baker,Vice-Chair • Study Transportation Needs • TxDot • • Public Input at Public Meetings • Regional Involvement • Initiate a Planning and Task Force Education/Workforce -Mike Swayze, Chair, Steve Kinslow Vice-Chair • Explore Options • Budget for Land Purchases : 5 December 10, 1998 • Land/Facility Donations • Developer Lease/Build Facility • Alternatives for Funding Business Retention-Ron Hagood, Chair, Jon Sloan. Vice-Chair • • Identify At-Risk Businesses • Support System for Start-Ups in High-Tech • Virtual Incubator • Task Force-Develop Incentives and Remove Barriers Business Recruitment-Bill Romans, Chair, Joe Vining, Vice-Chair • New Target Recruitment Plan • New Inducement Policy • Impact of Development Analysis • Marketing Materials • Regional Approach to Economic Development Momentum Round Rock/CenW13y Club -Ray Gill Chair, Jim Shields, Vice-Chair • Direct Main Campaign • Marketing Materials • Name Change • Benefits of Membership • Effective Communication to Members • Community Awareness Campaign In conclusion,Mr. Hickman thanked the Council and staff for all their support. 10.13.1. Consider a presentation concerning the Forest Creek Golf Course Capital Budget. Staff Resource Person: David Kautz,Finance Director. The golf course operator provides a capital budget to the Council annually which is funded by 4% of green fees each year. • This budget requests funding for kitchen equipment, maintenance equipment, cart barn renovation, clubhouse improvements and drainage improvements. Lindsey Bowman, Golf Course Manager, outlined the following proposed budget. Estimated Fund Balance 10/1/98 $35,678 Less Reserves (*1) (6,065) Estimated Revenue 36,612 ar 6 December 10, 1998 Total Funds Available $66,225 Proposed Expenditures (41,000) Estimated Unreserved Fund Balance 9/30/99 $25,225 *1-Reserves at 17% of beginning balance Beginning Unreserved Fund Balance 10/1/98 $35,678 • REVENUES: Green Fees transfer(4%) $36,612 Total Revenues $36,612 EXPENDITURES: Fairway Mower, Riding Type $26,000 Contingency 15.000 Total Expenditures $41,000 Change In Operations (4,388) Operating Reserves *1 6.065 Estimated Unreserved Fund Balance 9/30/99 *2 $25,225 *1 -Reserves at 17% of beginning balance r *2 -Planned future use to be developed Mr. Bowman also outlined the proposed Capital Improvements Budget for 1999 to 2003 that was provided to the Council. Councilman Stewart asked for a cost benefit analysis to consider a greeting element where an individual meets the golfer in the parking lot and provides a service. Councilman Stewart also asked Mr. Bowman to include the pros and cons of such a service. He added that the service would not be provided all 12 months of the year but for those months that students are out of school. It will not only give the students a benefit but also the golfers a service. 10.C.1.Consider a presentation on the Water Treatment Plant Expansion, Phase IV, and related raw water facilities and storage needs. Staff Resource Person: Jim Nuse,Public Works • Director. Mr. Nuse introduced Allen Woelke of Camp Dresser McKee Engineering who made the presentation on the Water Treatment Plant Expansion, Phase IV, and related raw water facilities and storage needs. Mr. Woelke summarized the following points. Growth Projections • Historical Annual Percentage Population Growth from 1990 to 1995 was 8.8% . . .a7 December 10, 1998 • Historical Annual Percentage Population Growth from 1995 to 1997 was 9.2% • Population Projections,based on 9.2% Growth to 2000, 7.5% Growth from 2000 to 2005 and 5.7% Growth from 2005 to 2010 Impact of Population Growth on Surface Water Demand • • Existing Surface Water Treatment Plant rated at 24 MGD • Capacity is projected to be exceeded by 2000 • Projections assumes will production at historical minimum of 4.5 MGD Possible Responses to meeting_growing need for surface water • Contracted amount in Lakes Georgetown and Stillhouse Hollow 24,854 acre-feet(22.2 MGD) on annual basis • Based on use pattern,max day amount available is approximately 45 MGD • Expand Surface Water Treatment facilities to meet growing demand 10 MGD expansion sufficient to 2005 Summary of Facility Improvements Needed for Surface Water Treatment Expansion • Raw Water Pump Station and Intake Expansion • Existing Capacity=24 MGD • Raw Water Pump Station Electrical Building and Electrical Service Mr. Woelke proceeded to describe the depiction of the Raw Water Pump Station and Intake Expansion. • Water Treatment Plant Expansion Existing Capacity=24 MGD • High Service Pump Station Expansion Existing Capacity=24 MGD Mr. Woelke described the depiction of the Phase IV Water Treatment Plant Expansion and Associated Improvements and High Service Pump Station Expansion. • 2-Million Gallon Clearwell Addition Existing Capacity=3 Million Gallons Improvements to Increase System Reliability, Treatment Efficiency • Add Emergency Electrical Generator at Raw Water Pump Station • Rehabilitate Electrical Equipment at Phase I/Phase 11 High Service Pump Station • Environmental Services Laboratory '8 December 10, 1998 • Rehabilitation of Phase I/Phase II Filters Mr. Woelke described the depictions for Phase I-Existing Filters, Phase II -Existing Filters, Phase I-Filter Improvements Option A, Phase I-Filter Improvements Option B and Phase II-Filter Improvements. Estimated Cost of Water Treatment Facilities Expansion • Raw Water Intake $ 300,000 Raw Water Pumps $ 420,000 Raw Water PS Electrical Improvements $ 355,000 Raw Water PS Emergency Generator $ 300,000 Improvements to Existing Control Valves $ 120,000 10 MGD Water Treatment Plant $6,000,000 Chemical Feed Pumps/Tanks $ 50,000 Chlorine System Improvements $ 100,000 Disinfection Basin Expansion $ 150,000 High Service Pumps $ 200,000 2 MG Prestressed Concrete Clearwell $ 1,000,000 • Phase I/II Filter Rehabilitation $3,000,000 Environmental Services Laboratory $ 330,000 Subtotal $12,325,000 Contractor Overhead&Profit $ 1,232,500 Mobilization $ 616,250 Bonds and Insurance $ 369,750 Contingencies $ 2,465,000 Professional Services $ 1,848,750 TOTAL $18,857,250 Mr. Woelke concluded by outlining the Schedule for Water Treatment Facilities Expansion. 10.C.2.Consider a presentation.of the proposed Round Rock Transportation Master Plan. Staff Resource Person: Jim Nuse,Public Works Director. Tom Word, Traffic Engineer, gave a history of the Master Plan. He added that staff has put forth a lot of effort to involve the public and to bring them as much information as possible. Over the course of the year, seven(7)public 9 December 10, 1998 meetings have been held and two public hearings before the Planning and Zoning Commission. A public hearing later in the meeting was the 10'opportunity for formal input by the citizens to help staff put together the best plan for the City. Three newsletters were provided to the citizens using various mailing lists and e-mails. • Mr. Word briefly described specific points of the Master Transportation Plan those being the 2007 and 2017 Plan schedule for the recommended projects. He noted that staff met with various neighborhoods to try to resolve their concerns regarding a particular project but there were some projects that would have to go through as recommended making the Plan work. He noted that the Plan is a living document and will be brought back on a regular basis to see if they are on target and if not make adjustments to get the right roads built at the right time. Mr. Word concluded that the Plan, even though it is extremely extensive, it's one that is very affordable for the City over time. The roads can be built as they are needed and funded through the V2 cent sales tax. In response to Mayor Culpepper's question, Mr. Word described the process that will be taken to notify TxDOT and the Austin Transportation Study of Round Rock's Transportation Plan. A request will be sent with the Plan for these entities to include it in their roadway plans. In response to Mayor Pro-tem Stluka's question,Mr. Word explained the process that would need to be taken to acquire the right-of-way back assuming that TxDOT moves SH-130 eastward. PUBLIC HEARINGS: l l.A.1. Consider public testimony concerning the Round Rock Transportation Master Plan. Staff Resource Person: Jim Nuse, Public Works Director. A presentation was given on this item earlier in the meeting. Mayor Culpepper opened the public hearing. Rilla Chaka, 2004 Woods.Cove, complimented Mr. Word on the diplomactic state he • maintained at the Deepwood meeting. Ms. Chaka spoke in favor of the creek crossings on the west of the City and against the bridge that is in the Plan over the railroad tracks on RM620 at Chisholm Trail. Bill Tracey, 400 Deepwood Drive, complimented Mr. Word for his behavior at the Deepwood meeting. Mr. Tracey expressed his opposition of the extension of Deepwood Drive. 10 December 10, 1998 David Carlin, 1756 Forsman Road, expressed his concern having five major arterials going south to north on the east side of the City. He asked that the City make sure that all those arterials are needed. Mr. Carlin asked the Council to pay attention to the number of lanes that are being proposed. Mr. Carlin also expressed this concern of Arterial B going under the 100-year- old bridge on County Road 122 at US79 and of maintaining the integrity of the neighborhood. • Jesus Franco, 208 South Blair, expressed his support of the Transportation Plan especially the walking trails. There being no further testimony, the public hearing was closed. The Council and staff discussed Mr. Carlin's concerns about the arterials and of the old bridge. Mayor Culpepper noted that the Council will take action on the Transportation Plan on January 14th. The Council took a 5-minute recess at this point. ORDINANCES: 12.A.1. Consider an ordinance authorizing and allowing; under the Act governing the Texas Municipal Retirement System, "Updated Service Credits"in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are in the employment of the City of Round Rock;providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the CitX,L increase the rate of deposits to the Texas Municipal Retirement System by the employees of the City; and establishing and effective date for the ordinance. (First Readings This ordinance addresses 100%Updated Service Credit, including transfers, 70%Increase to Annuitants, and 7%Employee Deposit Rate. If adopted, the City's rate for 1999 will be 10.75% Staff Resource Person: Teresa-Bledsoe,Human Resources Director. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF ROUND ROCK; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. December 10, 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. 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.A.2. Consider an ordinance affecting participation of City employees in the Texas Municipal Retirement System granting the additional rights authorized by Section 854.202(g) of Title 8, Texas Government Code as amended and prescribing the effective date for the ordinance. (First Reading) Staff Resource Person: Teresa Bledsoe, Human Resources Director. House Bill 2168,recently adopted by the Legislature,provides that cities can adopt retirement eligibility at any age with 20 years of service credit. The Bill requires that the City adopt this provision by ordinance. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. • AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202(G) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED, AND PRESCRIBING THE EFFECTIVE DATE FOR THE ORDINANCE. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston 12 December 10, 1998 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.B.1. Consider an ordinance establishing a moratorium on permits for sexually oriented businesses within the city limits. First Reading) Staff Resource Person: Joe Vining, Planning Director. The moratorium will be for 120 days to allow staff to study the effects of the • ordinance and the community. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE ENACTING A MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE OWNERSHIP AND OPERATION OF SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR A SAVINGS CLAUSE_ AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Stewart 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. 13 December 10, 1998 MOTION: Councilman Stewart moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 13.A.1. Consider a resolution authorizing the Mayor to execute a tax abatement agreement with John Hood. Staff Resource Person: Joe Vining,Planning Director. This application is being submitted under the guidelines set forth for the Downtown Reinvestment Zone. This agreement grants five-year tax abatement for 75% of the increased value of the premises and improvements over the value set in 1998 for 211 W. Bagdad Avenue. The • estimated tax abatement during the term of the agreement is $2,539.15. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City Council, on the 14th day of September, 1995, in Ordinance No. G- 95-09-14-9Q, created the Downtown Reinvestment Zone in the City of Round Rock, Texas, and WHEREAS, in accordance with Chapter 312, Tax Code, V.A.T.S. as amended, the City desires to enter into a tax abatement agreement with John Hood, regarding property located in said Downtown Reinvestment Zone, and WHEREAS, the Council has determined that all requirements of the guidelines and criteria adopted by Ordinance No. G-95-09-14-9P have been complied with,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 Tax Abatement Agreement with John Hood. 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 December, 1998. CHARLES CULPEPPER, Mayor ATTEST: City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka 14 December 10, 1998 Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • 13.A.2. Consider a resolution authorizing the Mayor to execute a tax abatement agreement with Reid-Clifford, Inc. (Reid Cleanersl Staff Resource Person: Joe Vining,Planning Director. This application is being submitted under the guidelines set forth for the Downtown Reinvestment Zone. This agreement grants five-year tax abatement for 75% of the increased value of the premises and improvements over the value set in 1998 for 303 W. Liberty Avenue. The estimated tax abatement during the term of the agreement is $4,032.57. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City Council, on the 14th day of September 1995, in Ordinance No. G- 95-09-14-9Q, created the Downtown Reinvestment Zone in the City of Round Rock, Texas, and WHEREAS, in accordance with Chapter 312, Tax Code, V.A.T.S. as amended, the City desires to enter into a tax abatement agreement with Reid-Clifford, Inc., regarding property • located in said Downtown Reinvestment Zone, and WHEREAS, the Council has determined that all requirements of the guidelines and criteria adopted by Ordinance No. G-95-09-14-9P.have been complied with,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 Tax Abatement Agreement with Reid-Clifford, Inc. 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 December, 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 December 10, 1998 ACTION: The motion carried unanimously. 13.A.3. Consider a resolution waiving impact fees for 400 W. Main Street. This resolution waives the water and wastewater impact fees. Staff Resource Person: Joe Vining, Planning Director. Applicant: Nelson Nagle. • Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS,Nelson Nagle is the owner of certain real property located at 400 West Main Street, and WHEREAS, the renovation and development of said property has resulted in a substantial economic benefit to the City of Round Rock,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the imposition of water and wastewater impact fees on the property located at 400 West Main Street is hereby waived. 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 December, 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. 13.A.4. Consider a resolution authorizing the Mayor to execute a tax abatement agreement with Trend Technologies. Staff Resource Person: Joe Vining, Planning Director. • Applicant: Trend Technologies Texas. This five-year tax abatement is an agreement between the City of Round Rock and Trend Technologies. The facility consists of 120,000 square feet of office and manufacturing space. The total construction cost of the building is approximately$4.4 Million and the cost of the equipment is approximately$12 Million. The building is to be substantially complete and the equipment delivered and/or installed on or before December 31, 1998. Trend will be required to provide 211 jobs by December 31, 1998 and a total of 244 16 December 10, 1998 employees by December 31, 1902. The tax abatement applies to the ad valorem real and personal property taxes. The abatements using the current ad valorem tax rate of.385 are: Tax Year 1999 100% $63,140 Tax Year 2000 100% $63,140 Tax Year 2001 75% $47,355 • Tax Year 2002 50% $31,570 Tax Year 2003 25% $15,785 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City Council, on the 11th day of June, 1998, in Ordinance No. G-98-06- 11-12A1, created Reinvestment Zone No. 22 in the City of Round Rock, Texas, and WHEREAS, in accordance with Chapter 312, Tax Code, V.A.T.S. as amended, the City desires to enter into a tax abatement agreement with Trend Technologies, L.P., regarding property located in Reinvestment Zone No. 22, and WHEREAS, the Council has determined that all requirements of the guidelines and criteria adopted by Ordinance No. G-97-10-09-9F have been complied with,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 Tax Abatement Agreement with Trend Technologies, L.P. 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 December, 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. 13.13.1. Consider a resolution authorizing the Mayor to execute an agreement with Trinity En ing eering and Testing Corporation for preliminary geo-technical investigation/proposal for the east portion of the Round Rock Convention Complex/Stadium :h 17 December 10, 1998 The contract amount is $8,000. Staff recommends acceptance. Staff Resource Person: Jim Nuse, Public Works Director. Mayor Culpepper read the following resolution. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain engineering services for a preliminary geo-technical investigation/proposal for the east portion of the Round Rock Convention Complex/Stadium, and WHEREAS, Trinity Engineering and Testing Corporation has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Trinity Engineering and Testing Corporation,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Trinity Engineering and Testing Corporation, for a preliminary geo-technical investigation/proposal for the east portion of the Round Rock Convention Complex/Stadium, 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 10th day of December, 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. 13.B.2. Consider a resolution authorizingthe Mayor to execute a contract with Chasco • Contracting for an emergency repair to a 24-inch water transmission main Staff Resource Person: Jim Nuse, Public Works Director. The cost of the repair is $19,108.00 and is for the replacement of damaged pipe caused by a site excavation crew at a proposed Rental Service Center located north of the bowling alley.. Mayor Culpepper read the following resolution. RESOLUTION NO. 1 � December 10, 1998 WHEREAS, repairs to a damaged water main are necessary to preserve or protect the public health or safety of the City's residents, and WHEREAS, in order to make the repairs to the damaged water main as soon as possible, and in order to preserve or protect the public health or safety of the City's residents, and pursuant to Section 252.022(a)(2) of the Local Government Code,bids were not required, and WHEREAS, Chasco Contracting has submitted a proposal to make the necessary repairs, and WHEREAS, the City Council wishes to accept the proposal from Chasco Contracting, Now Therefore, • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposal submitted by Chasco Contracting is declared to be acceptable and in the best interest of the City, and the Mayor is authorized and directed to execute on behalf of the City a contract with Chasco Contracting for repairs to a damaged water main. 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 December, 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. 13.13.3. Consider a resolution authorizing the Mayor to execute a construction contract with Bay Maintenance Company Inc. in the amount of$615,396.25 for the Rubio Subdivision Streets and Rubio Drainage Channel improvements. Staff Resource Person: Jim Nuse, Public Works Director. Six (6)bids were received and opened on Tuesday November 24th for the Rubio Subdivision Streets and Drainage Channel improvements. Bay Maintenance submitted the lowest • and best bid in the amount$615,396.25. Hejl, Lee&Associates, Inc., the Consulting Engineer reviewed the references and recommended approval. Proceeds from the General Obligation Bond Issuance will be used for this project. Mayor Culpepper read the following resolution. RESOLUTION NO. 19 December 10, 1998 WHEREAS, the City of Round Rock has duly advertised for bids for the Rubio Subdivision Street and Drainage Channel Improvements project, and WHEREAS,Bay Maintenance Company, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Bay Maintenance Company, Inc.,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Bay Maintenance Company, Inc. for the Rubio Subdivision Street and Drainage Channel Improvements project, 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 10th day of December,,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. 13.13.4. Consider a resolution authorizingthe e Mayor to execute Contract Change Order No. 5 to Chasco Contracting for the Egger Acres Streets and drainage project. This change order finalizes quantity adjustments for the project as it is completed and shows decreases and increases of various contract items. S.D. Kallman, Inc. the consulting engineer, approved the change order. The net is an increase of$18,717.22 bringing the total contract amount to $1,044,389.72. This will be paid out of the project contingencies. Staff Resource Person: Jim • Nuse,Public Works Director. 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. 5,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, P 20 December 10, 1998 That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 5 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 December, 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. • 13.B.5.Consider a resolution authorizing the Mayor to execute an agreement with Brushy Creek Municipal District for the installation of air gaps on Sam Bass Road Staff Resource Person: Jim Nuse, Public Works Director. This resolution will authorize Mayor Culpepper to enter into an agreement with Brushy Creek Municipal Utility District(MUD)to reimburse the MUD for two air gap connections,which eliminate the requirement for backflow devices at these locations. This agreement will reduce the contract with Psencik Construction by more than the $7,000. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Brushy Creek Municipal District ("District") and the City of Round Rock m • ("City") entered into a Water Supply Agreement dated October 14, 1986, and WHEREAS, the City desires to install air gap devices at certain locations where it transmits water to the District, and WHEREAS, the District has submitted an Agreement Between the City of Round Rock and Brushy Creek Municipal District Relating to the Installation of Air Gap Devices ("Agreement"), and WHEREAS, the City Council wishes to enter into said Agreement with the District, 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 between the City of Round Rock and Brushy Creek Municipal District Relating to 21 December 10, 1998 the Installation of Air Gap Devices, 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 10th day of December, 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: 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 a resolution regarding an amended assessment plan for the Encino Plaza Public Improvement District(PID) and calling_a public hearing_regardingsuch uch plan Staff Resource Person: Steve Sheets, City Attorney. It is necessary to amend the assessment plan for the Encino Plaza PID because certain properties within the District have been further subdivided to enable further development and certain property owners within the District have prepaid their assessment. The Council approved a similar resolution but the publication notice for the public hearing was not published in time. A public hearing will be held on January 14, 1999 for public testimony concerning the proposed amendment. Mayor Culpepper read the following resolution. ;a 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-96-12-12-10C 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 2 .2 December 10, 1998 WHEREAS certainro erties within the District have been further subdivided to enable p p further development and additionally certain property Yowners 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 January 14, 1999 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 10th day of December, 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. 13.C.2.Consider a resolution partially assigning the contract to purchase the Telander • Tract. Staff Resource Person: Steve Sheets, City Attorney. A presentation was made on this item earlier in the meeting. Mayor Culpepper read the following resolution. RESOLUTION NO. 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 23 December 10, 1998 WHEREAS, it has been determined that it is now necessary to partially assign said Contract; and WHEREAS, the attached Partial Assignment of Real Estate Contract 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 a Partial Assignment of Real Estate Contract of 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 10th day of December, 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. 13.D.1. Consider a resolution adopting the Forest Creek Golf Course Capital Budget Staff Resource Person: David Kautz,Finance Director. A presentation was made on this item earlier in the meeting. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, CCA Silband/Golfcorp/Round Rock, Inc. ("Operator") has submitted a proposed capital budget for the Forest Creek Golf Course for 1999, and WHEREAS, the City Council wishes to approve said capital budget,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the capital budget for the Forest Creek Golf Course submitted by Operator for 1999, 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 10th day of December, 1998. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: 24 December 10, 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. 13.E 1 Consider a resolution approving parade request for January 18, 1998 for the Annual Martin Luther King, Jr. Commemorative March. Staff Resource Person: Joanne Land, Assistant City Manager. A representative of the Martin Luther King Committee requested permission to hold a parade on Monday, January 18, 1999 from 3:30 p.m. to 4:30 p.m. The parade will begin at the First Texas Bank on Round Rock Avenue and proceed east to Main Street,north on Sheppard Street to Anderson Avenue;west on Anderson Avenue to C. D. Fulkes Middle School for a program. The Police Department and Fire Department have approved the • route. This will be the 10th year for the march. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Martin Luther King Committee has requested that the streets along the following parade route be closed from 3:30 o'clock p.m. until 4:30 o'clock p.m. on January 18, 1999 for the Annual Martin Luther King, Jr. Commemorative March: from First Texas Bank on Round Rock Avenue, east to Main Street, north on Sheppard Street to Anderson Avenue, and west on Anderson Avenue 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 the streets along the parade route be closed as set forth above from 3:30 o'clock p.m. until 4:30 o'clock p.m. on January 18, 1999 for the Annual Martin Luther King, Jr. Commemorative March. 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 December, 1998. CHARLES CULPEPPER' Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary 25 December 10, 1998 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. 13.E.2. Consider a resolution authorizing.the City Manager to issue a purchase order to Melles Griot for the purchase of an alternate light source for forensic processing for the Police Department. Staff Resource Person: Joanne Land, Assistant City Manager. Captain Dan LeMay made the staff presentation. He noted that the Spectrum 9000 Alternate Light Source is a forensic tool that allows the Police Department to locate,photograph and collect a variety of latent evidence. This item is an approved capitol outlay purchase. Mayor Culpepper read the following resolution. RESOLUTION NO. • WHEREAS, the City of Round Rock has duly advertised for bids for an alternative light source for forensic processing for the Police Department, and WHEREAS,Melles Griot has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Melles Griot,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Melles Griot is hereby accepted as the lowest and best bid and the City Manager is hereby authorized and directed to issue a purchase order to Melles Griot for an alternative light source for forensic processing for the Police Department. 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 December, 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 26 December 10, 1998 Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.E.3. Consider a resolution adopting the 1998-1999 Law Enforcement Fund Budget .(Drug Seizure Funds). Staff Resource Person: Joanne Land,Assistant City Manager. Captain • Tim Ryle went over the following proposed budget. Estimated Fund Balance 10/1/98 $101,057 Less Reserves (*1) (10,106) Estimated Revenue 2,500 Total Funds Available $93,451 Proposed Expenditures (13,702) Estimated Unreserved Fund Balance 9/30/99 $79,749 *1-Reserves at 10% of beginning balance Beginning Unreservred Fund Balance 10/1/98 $101,057 REVENUES: Interest Income 2,500 • Total Revenues $2,500 EXPENDITURES: Drug Seizure Budget(State &Local $ 0 Simunition Conversion Kits for all officers 3,040 Simunition Conversion Kits for SWAT 2,022 Tactical Training 3,000 Weapons for SWAT 5,640 Total Expenditures $13,702 Change In Operations (11,202) Operating Reserves *1 10.106 • Estimated Unreserved Fund Balance 9/30/99 *2 $79,749 *1 -Reserves at 10% of beginning balance *2 -Planned future use for weapons/driving training facility Mayor Culpepper read the following resolution. RESOLUTION NO. _ 27 December 10, 1998 WHEREAS, Chapter 59 of the Code of Criminal Procedure provides for the forfeiture of contraband used in, or gained from the commission of certain criminal activity, and WHEREAS,Art. 59.06(a) C.C.P.provides that a local law enforcement agency may enter into an agreement with the state's attorney setting out how the contraband and/or the proceeds from the sale thereof shall be distributed, and WHEREAS, a local agreement exists between the City of Round Rock Police Department and Williamson County District Attorney, and WHEREAS, Art. 59.06(d) C.C.P. provides for the governing body of the city to approve • a budget for the expenditure of proceeds from such contraband, and WHEREAS, the 1998-99 Law Enforcement Fund Budget has been submitted to the City Council for its review and approval,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposed 1998-99 Law Enforcement Fund Budget for the expenditure of proceeds from such contraband, 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 10th day of December, 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. 13.17.1. Consider a resolution supporting the submittal of a grant application by Williamson-Burnet County Opportunities, Inc (WBCO)to the Texas Department of Housing and Community Affairs for funding to operate a Tenant-Based Rent Assistance Program TBRA . This grant will provide transitional housing resources for homeless and potentially • homeless person. The TBRA Program, if awarded,will be targeted toward providing transitional housing for clients of the Williamson County Crisis Center. Staff Resource Person: Mayor Culpepper. Mayor Culpepper read the following resolution. RESOLUTION NO. 28 December 10, 1998 WHEREAS, Williamson-Burnet County Opportunities, Inc. will be submitting a grant application to the Texas Department of Housing and Community affairs for funding to operate a Tenant-Based Rent Assistance Program, and WHEREAS, said grant will provide transitional housing resources for clients of the Williamson County Crisis Center, and WHEREAS, the City Council wishes to support the application of said grant, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby supports the application of Williamson-Burnet County • Opportunities, Inc. to the Texas Department of Housing and community affairs for funding to conduct a Tenant-Based Rent Assistance Program in Williamson County.- The ounty: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 December, 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: 15.A. Consider payment of$85,000.00 to Allied Consultants, Inc. for professional consulting services for the implementation of the Finance Department Computer System Software. The current contract price is $355,000.00 and the project is funded from 1997-1998 General Operating Budget Revision No. 1. • 15.B. Consider payment of$19,512.00 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. 15.C. Consider payment of $25,785.00 to Chasco Contracting for the Downtown Drainage and Library Street Improvements. The current contract price is $1,075,693.45 and the project is funded from 1996 General Obligation Bonds. 2 '9 December 10, 1998 15.D. Consider payment of $9,681.27 to Chasco Contracting for the Eggers Acres Street Improvements. The current contract price is $1,044,389.72 and the project is funded from 1996 General Obligation Bonds. 15.E. Consider final payment of$4,996.00 to Craig, Sheffield, &Austin Inc for the • Water Treatment Plant Expansion-Phase M. The current contract price is $10,170,731.00 and the project is funded from Water System Construction Funds. 15.F. Consider payment of$28,595.00 to Cunningham Constructors &Associates,Inc. for the Water Treatment Plant Phase I&H Improvements. The current contract price is $234,800.00 and the project is funded from Water System Construction Funds. 15.G. Consider payment of$33,992.64 to Hayden Concrete, Inc. for the construction of a hike and bike trail in Creekmont West Park. The current contract price is $62,075.05 and the project is funded from 1996 and 1998 General Obligation Bonds. 15.H. Consider payment of$59,176.28 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. • 15.I. Consider payment of$68,590.00 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. 15.J. Consider payment of$17,356.27 to Rust Environment&Infrastructure, Inc for the Master Transportation Plan. The current contract price is $331,827.20 and the project is funded form 1997 Certificates of Obligation. 15.K. Consider payment of$53,401.00 to SetPoint Builders, Inc for the Public Works Building Additions and Alterations Improvements. The current contract price is $535,540.00 and is funded by Self-Financed Construction. • 15.L. Consider payment of$185,562.55 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. 15.M. Consider payment of$39,750.00 to Spencer Godfrey Architects for services associated with the design of the Clay Madsen Recreation Center. The current contract price is $317,915.00 and the project is funded by 1996 General Obligation Bonds. 30 December 10, 1998 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. NEW BUSINESS: 16.A.1. Consider approval of a property tax refund for 1996 taxes to Southwestern Retail in the amount of$721.90. Staff Resource Person: David Kautz, Finance Director. State law requires any property tax refund in excess of$500.00 to be approved by the Council. This refund for the Hester's Crossing Shopping Center is $721.90 and is in response to a court ordered value adjustment that has been calculated by the tax assessor. MOTION: Mayor Pro-tem Stluka moved to approve the property tax refund to Southwestern Retail. 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. 16.A.2. Consider approval of a property tax refund for property taxes paid in 1995, 1996 and 1997 to Randalls. Inc. in the total amount of$5.409.57. Staff Resource Person: David Kautz, Finance Director. State law requires any property tax refund in excess of$500.00 to be approved by the Council. This refund for the Randalls store in Round Rock is in response to a court ordered value adjustment and has been calculated by the tax assessor. The value adjustment is • for inventory, furniture, fixtures,machinery and equipment. The refund for the following tax years is: 1995 $1,485.24 1996 $2,017.13 1997 $1,907.20 . . 31 December 10, 1998 Total $5,409.57 MOTION: Mayor Pro-tem Stluka moved to approve the property tax refund to Randalls, Inc. 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: The Council encouraged everyone to attend Christmas Family Night. Councilman Joseph said he attended the City employees Spirit Lunch. He gave an update on Kim Hallford. She was in the hospital and relayed her appreciation for all the help that they have received. He added that anyone wishing to contribute can send money to First Texas Bank. • Mayor Culpepper encouraged everyone to attend Round Rock Historic Homes Tour. ADJOURNMENT: There being no further business, the meeting adjourned at 9:43 p.m. Respectfully Submitted, anne Land, Assistant City Manager/ City Secretary 32 December 21, 1998 The Round Rock City Council met in a Special Called Session on December 21, 1998 at 7:00 p.m. in the City Council Chamber,221 E. Main Street. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro-tem Robert Stluka, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Councilman Earl M. • Hairston was absent. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. PUBLIC HEARINGS: 3.A.1. Consider public testimony concerning the annexation of 187.8382 acres of land out of the TM Harrell Survey, A-284 (Kouri Tract . (Voluntary) Staff Resource Person: Joe Vining,Planning Director. This is the first of two required public hearings concerning this annexation. This is the remainder of the Kouri Tract and is being annexed to complete the land acquisition process for the proposed La Frontera development. Applicant: 35/45 Investors,L.P. Agent: W.S. Smalling. The tract will be developed as a high-end commercial tract. • Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 3.A.2. Consider public testimony concerning the annexation of 101.26 acres of land out of the TM Harrell Survey, A-284 (Neuman Tract). (Voluntary) Staff Resource Person: Joe Vining, Planning Director. Applicant: Cecil Neuman. Agent: W.S. Smalling. This is the first of two required public hearings concerning this annexation. This tract is contiguous to the Kouri Tract and is being annexed to complete the land acquisition process for the proposed La Frontera development. Mr. Vining noted that the proposed right-of-way for SH-45 cuts across the tract. In previous years staff is worked out a swap of ETJ with the City of Austin and agreed that the tract would be divided between Austin and Round Rock using the right-of-way line for SH-45. Even though Austin has rights to the southern half of the tract it looks like Austin is willing to relinquish their portion to Round Rock. 33 December 21, 1998 Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 3.A.3. Consider public testimony 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) Staff Resource Person: Joe Vining,Planning Director. Applicant: Phillip Gaillard, Ramtron, Inc. Agent: Jim Stendebach. This is the first of two required public hearings concerning this annexation. This land is being annexed to be eligible for city services for future commercial development. The owner of tract is working with staff to reserve the right-of-way for SH-45. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. PRESENTATIONS: 4.A.1. Consider a presentation concerning(1) ordinances gjanting CoSery • franchises to provide telecommunications services, gas services, and cable television services; (2) the upcoming legislative session and public franchise issues; and (3) the procedure for updating the cable television franchise ordinance Staff Resource Person: Bob Bennett, City Manager. Steve Sheets said one of the issues that the Council and staff will be facing in the upcoming year will be the City's cable and utility franchises. Staff received an application from CoSery to provide telecommunications,cable and gas service. The upcoming Legislative Session will also be dealing with these issues. Mr. Sheets noted that staff contacted Mark Smith,Partner with Brown, McCarroll &Oaks Hartline to • assist the City in dealing with the franchise issues that are before the Council., Mr. Smith said he reviewed the applications from CoServ'and prepared three interim franchises that will take effect until new franchises are in place for Time Warner and Southwestern Bell and eventually for Lone Star Gas. The reason for the interim franchises is because there have been a lot of changes in the telecommunications industry that have occurred in the last few years especially with the passage of the State x 0 34 December 21, 1998 Law regulating telecommunication providers and then the passage of the Federal Telecommunications Act. The Federal Telecommunications Act introduces competition of services. There are requirements in the State and Federal Law that the City's current ordinance doesn't completely comply with and that is because of the timing when the ordinances were • adopted and the changes in the law. The three interim ordinances would get CoSery in business and allow them to move forward with their development until such time that a new telecommunication and cable franchise ordinance is in place. Mr. Smith noted that when the Federal Telecommunication Act authorized new companies to compete with the local companies they added that a City cannot prevent new companies from coming in and providing service. Also, any compensation methodology that the City demands for the use of municipal right-of-way has to be competitively equal. The City needs to enter into a new franchise with Southwestern Bell that has a new compensation methodology;that is competitively neutral and has all the additional provisions that should be in the ordinance to protect the City's interest and making sure that there is no • determent to the management of the City's streets and alley's. Mr. Smith added that Southwestern Bell has been notified that there was an applicant for a telecommunication franchise. Mr. Smith recommended that a new franchise ordinance be negotiated and in place before the end of the next Legislative Session because the Legislature is thinking about passing legislation that would require uniform compensation methodology for all the entities to be in place. All of the legislation that has been proposed so far has had a grandfather provision in it. Mr. Smith explained that as for the Cable Franchise ordinance, that process is fairly lengthy. The first thing that is done is a"needs assessment" which can be done by a consultant or in-house. That individual evaluates what kind of needs the City has in the way of cable,what kind of advanced service the City wants to see and what type of municipal support in terms of educational channels for the school and government. Then a performance review is done to determine whether the Cable Company has fully operated at the City's satisfaction during the franchise period. The City then invites the Cable Company to make a proposal for renewal and the City can either act on that 35 December 21, 1998 favorably or unfavorably. If the City decides not to renew the cable franchise then a specific procedural process is triggered and this procedure is set out in the Federal Telecommunications Act. Mr. Smith added that if the City feels it will have a problem with renewing the Time Warner Franchise the absolute latest the City can begin the • negotiations is in the year 2000. It is a good idea to begin negotiations now because the odds are that the City will be able to reach an amicable resolution of the issue. Mr. Smith also recommended that depending on what the Legislature decides, that the City may want to take a look and revamp the Electric Utility Franchise as well. In response to Mayor Pro-tem Stluka's question, Mr. Smith said he did draft the new Lubbock franchise ordinances and the Joint Senate and House Committee that has been looking at the Lubbock ordinance as being perhaps a model to look at from a Legislative stand point. In response to Councilman Stewart's question, Mr. Smith said that CoSery has agreed to pay for the cost of dealing with the interim franchises but the City will be • responsible for paying for the new permanent franchise ordinances. The cost of the new franchise ordinances can be negotiated with the entities that require the franchise. ADTOURNMENT: There being no further business,the meeting adjourned at 6:30 p.m. Respectfully Submitted, Joanne Land, Assistant City Manager/ City Secretary • 36 December 22, 1998 The Round Rock City Council met in Regular Session on Tuesday, December 22, 1998 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. PLEDGE OF ALLEGIANCE Mayor Culpepper asked for a moment of silence in remembrance of Jacob Ryan Rebecek and Kim Hallford who recently passed away. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro-tem Robert Stluka, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Councilman Earl M. Hairston arrived during item 7AL Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: Special Called Joint City Council/Planning and Zoning Commission meeting November 30. 1998 and Regular Session December 10, 1998 MOTION: Councilman Joseph moved to approve the minutes as submitted. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Tommy Nobles, 1410 E. Logan, thanked Mayor Pro-tem Stluka and Councilman Hairston for placing the item considering Martin Luther King, Jr. day as a City holiday on the agenda. He asked for the Council's support of the item. He also noted that the Greenslopes Neighborhood Watch will have a meeting on January 12, 1999. PROCLAMATIONS: None • PRESENTATIONS: 7.A.1. Consider a presentation concerning the Clay Madsen Recreation Center. Staff Resource Person: Sharon Prete. Bo Spencer presented a final rendition of the Clay Madsen Recreation Center. Mr. Spencer gave a brief update on the changes that were made to the Center at the Council's request. He added that bids will be solicited after the holidays and are on schedule and within the budget. 37 December 22, 1998 In response to Councilman Palmer's question,Mr. Spencer said almost all of the engineering is complete. The documents for on the swimming pool design were reviewed earlier in the day. PUBLIC HEARINGS: 8.A.1. Consider public testimony concerning the annexation of 187.8382 acres of land out of the JM Harrell Survey.A-284 (Kouri Tract). (Voluntary Staff Resource Person: Joe Vining,Planning Director. Applicant: 35/45 Investors,L.P. Agent: W.S. Smalling. This is the second of two required public hearings concerning this annexation. The first public hearing was held on December 21, 1998. This tract is the remainder of the Kouri Tract and is being annexed to complete the land acquisition process for the proposed La Frontera development. The La Frontera development is planned as a very large scale commercial mixed used center. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 8.A.2. Consider public testimony concerning the annexation of 101.26 acres of land out of the JM Harrell Survey. A-284 (Neuman Tract). (Voluntary) Staff Resource Person: Joe • Vining, Planning Director. Applicant: Cecil Neuman. Agent: W.S. Smalling. This is the second of two required public hearings concerning this annexation. The first public hearing was held on December 21, 1998. This tract is contiguous to the Kouri Tract and is being annexed to complete the land acquisition process for the proposed La Frontera development. Mr. Vining added that the southern half of the tract is in Austin's ETJ and staff will come back with revised field notes as soon as it is determined the exact amount of land that is in Round Rock's ETJ. In response to Councilman Hairston's question, Joe Vining said that no traffic will cut through Chisholm Valley. Mr. Vining added that the final alignment has not been determined for SH-45 but staff and the developer are working to incorporate the development with proposed • SH-45 thus alleviating the traffic in that area. Trey Salinas, representative of the developer, added that a TIA Study is being conducted to determine the flow of the traffic,which will help in the development of La Frontera. He added that SH-45 will affect a lot of the development and the schedule of it. So in the ultimate built-out SH-45 will play a major role. 3 .3 December 22, 1998 Councilman Stewart expressed his concern that part of the tract is in Austin's ETJ. Mr. Vining outlined the history of the tract and the area and the outcome of negotiations for the release of the ETJ by Austin. Mayor Culpepper said some of the Council wants to be included in the meetings with Austin when staff discusses the ETJ negotiations. • Mayor Culpepper opened the public hearing. There being no public testimony,the public hearing was closed. 8.A.3. Consider public testimony 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) Staff Resource Person: Joe Vining,Planning Director. Applicant: Phillip Gaillard,Ramtron,Inc. Agent: Jim Stendebach. This is the second of two required public hearings concerning this annexation. The first public hearing was held on December 21, 1998. This land is being annexed to be eligible for city services for future commercial development. The tract is located south of County Road 170 and the developer is reserving right-of-way for SH-45. • Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: 9.A.1. Consider an ordinance authorizing the placement of stop signs at the following street intersections: on Cobra Crossing at Hilton Head Drive;and on Titleist Trail at Hilton Head Drive. (First Reading) Staff Resource Person: Jim Nuse,Public Works Director. These roads are located in newly accepted subdivisions and require the proper authority to place stop signs. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF COBRA CROSSING AND HILTON HEAD DRIVE, AND TITLEIST TRAIL AND HILTON HEAD 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 . t 39 December 22, 1998 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 Council's next meeting. 9A.2. Consider an ordinance designating the intersection of Greenlawn Boulevard and Dell Way as an All-Way Stop intersection. (First Reading) Staff Resource Person: Jim Nuse, Public Works Director. This stop intersection is for pedestrian safety and anticipate that some time in the future that there will be a traffic light signal at that location. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF GREENLAWN BOULEVARD AND DELL WAY 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. 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. The second reading of the ordinance will be held at the Council's next meeting. 9.B.1. Consider an ordinance amending the Personnel Policies and Procedures to designate Martin Luther King's Birthday as a City holiday. First Readings Staff Resource Person: Teresa Bledsoe, Human Resources Director. Sponsored by Mayor Pro-tem Stluka and • Councilman Hairston. Ms. Bledsoe noted that a survey was conducted of 8 cities along the IH-35 corridor and found that 5 of the cities currently recognize Martin Luther King Day as a holiday. Georgetown was the latest City to add that holiday to their schedule. The City of Round Rock currently has 10 paid holidays. Martin Luther King's Birthday will allow the employees to have 11 paid holidays. Mayor Culpepper read the caption of the ordinance. . 40 December 22, 1998 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 9.01:01 OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL OF THE CITY OF ROUND ROCK, TEXAS CONCERNING THE OBSERVANCE OF MARTIN LUTHER.KING, JR.'S BIRTHDAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. MOTION: Mayor Pro-tem Stluka 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 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: 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 granting CoSery Communications L.L.C. a temporar_v franchise authorizing and governing the use of public rights-of-way to provide telecommunications services within the City of Round Rock pending the adoption by the City of a telecommunications ordinance. (First Reading,ZStaff Resource Person: Steve Sheets, City Attorney. Mark Smith gave a presentation at the last meeting on this item. He made several recommendations to the Council regarding the request by CoSery for a cable, telephone and gas • franchises. Mr. Smith will assist the City and City Attorney on the franchise issues. Mr. Smith explained that the purpose of having an interim franchise ordinance is to allow CoSery to provide telecommunications gas and cable services in the City. The City's current franchise ordinance with Time Warner and Southwestern Bell need to be updated to comply with changes in the laws. Mayor Culpepper read the caption of the ordinance. 41 December 22, 1998 ORDINANCE NO. AN ORDINANCE GRANTING COSERV COMMUNICATIONS L.L.C. AND ITS SUCCESSORS AND ASSIGNS A TEMPORARY FRANCHISE AUTHORIZING AND GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY TO PROVIDE TELECOIVIlVIUNCIATIONS SERVICES WITHIN THE CITY OF ROUND ROCK PENDING ADOPTION BY CITY OF A TELECOMMUNICATIONS ORDINANCE GOVERNING THE ISSUANCE AND ADMINISTRATION OF TELECOMMUNICATION FRANCHISES IN A NONDISCRIMINATORY AND COMPETITIVELY NEUTRAL MANNER. • 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. The second reading of the ordinance will be held at the Council's next meeting. 9.C.2. Consider an ordinance granting to CoSery Gas L.L.C., a limited liability • Comoration a franchise to furnish and supply gas to the general public in the City of Round Rock, Williamson County, Texas. irst Reading) Staff Resource Person: Steve Sheets, City Attorney. In response to Mayor Pro-tem Stluka's question, Don Leverity of CoSery Gas said they will buy the gas from a wholesaler which is a pipeline company. CoSery will receive that gas under a contract that is in operation in other parts of the State. Currently, CoSery does not have a firm contract with developers in this area for gas so the Pipeline Company that will provide the gas has not been determined. He added that it could be Lone Star Gas. In response to Councilman Stewart's question,Mr. Leverity explained that the focus of the service will be for new developments. Mayor Culpepper read the caption of the ordinance. • ORDINANCE NO. AN ORDINANCE GRANTING TO COSERV GAS L.L.C., A LIMITED LIABILITY CORPORATION, AND ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND,PUBLIC WAYS; AND PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; AND REPEALING ALL PREVIOUS GAS FRANCHISE ORDIANCES. 42 December 22, 1998 MOTION: Councilman Stewart moved to adopt the ordinance. 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. The second reading of the ordinance will be held at the Council's next meeting. 9.C.3. Consider an ordinance granting a franchise to CoSery Communications L L C , a Texas Corporation to build, construct, operate and maintain a cable television system in the City of Round Rock. Texas. irst Readings Staff Resource Person: Steve Sheets, City Attorney. In response to Council's questions,Ronny Puckett said initially CoServe will target new developments for cable service and will have a full line-up of service. CoSery will also have a full office in Round Rock beginning with 20 employees. Mayor Culpepper read the caption of the ordinance. • ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO COSERV COMMUr]ICATIONS L.L.C., A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO BUILD, CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF ROUND ROCK, TEXAS, AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THIS FRANCHISE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF PORTIONS OF THIS ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: 1Ayes: 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 Council's next meeting. RESOLUTIONS: 43 December 22, 1998 1 O.A.1. Consider a resolution authorizing the Mayor to reimburse a portion of the regional detention fee paid by the Cerkial Subdivision. Staff Resource Person: Jim Nuse,Public Works Director. The Cerkial Subdivision is located on the south side of the intersection of FM1460 and US79. The Cerkial's paid$2,400.00 per acre for 5.05 acres totaling $12,120.00. • However, they only developed 1.22 acres. The fee should have been$2,928.00; therefore they are due a reimbursement of$9,192.00. If future development occurs, additional fees will be required. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the owners of the Cerkial Subdivision were mistakenly charged a regional detention fee for the development of 5.05 acres when in fact only 1.22 acres were developed, and WHEREAS, they paid a fee of $12,120.00 when the fee should have been only $2,928.00, and WHEREAS, they are entitled to a refund of $9,192.00 for the overpayment of the fee, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the reimbursement of$9,192.00 is hereby authorized to the owners of the Cerkial Subdivision for an overpayment of the regional detention fee. 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 December, 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.A.2. Consider a resolution authorizing the Mayor to execute contract for the Woods Waterline Replacement Project with Nelson Lewis, Inc. Staff Resource Person: Jim Nuse, Public Works Director. The City received four bids on December 8, 1998 for the Waterline 44 December 22, 1998 engineering contract is for$423,815.00. Mr. Nuse added that TxDOT signed the Minute order for this project. 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, estimates, and contract documents for the reconstruction of US 79 as a four-lane divided highway from CR 195 to CR 110, and WHEREAS, Carter & Burgess, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Carter &Burgess, 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 Carter & Burgess, Inc., for engineering services for the preparation of schematics, environmental documents, right of way documents, plans, specifications, estimates, and contract documents for the reconstruction of US 79 as a four-lane divided highway from CR 195 to CR 110, 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 December, 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.4. Consider a resolution authorizing the Mayor to execute the Second Amendment to the Williamson Count�Regional Raw Water Line Agreement Staff Resource Person: Jim Nuse,Public Works Director. Mr.Nuse noted that this mainly is a housecleaning item. The purpose of this Second Amendment is to: (1)modify the definition of the term"Bonds", (2) change the"Stillhouse Supply Agreements"to reflect those agreements currently in effect, (3) 45 December 22, 1998 engineering contract is for$423,815.00. Mr. Nuse added that TxDOT signed the Minute order for thisro'ect. P J 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, estimates, and contract documents for the reconstruction of US 79 as a four-lane divided highway from CR 195 to CR 110, and WHEREAS, Carter & Burgess, Inc. has submitted'an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Carter&Burgess, 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 Carter & Burgess, Inc., for engineering services for the preparation of schematics, environmental documents, right of way documents, plans, specifications, estimates, and contract documents for the reconstruction of US 79 as a four-lane divided highway from CR 195 to CR 110, 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 December, 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.4. Consider a resolution authorizing the Mayor to execute the Second Amendment to the Williamson County Regional Raw Water Line Agreement Staff Resource Person: Jim Nuse,Public Works Director. Mr.Nuse noted that this mainly is a housecleaning item. The purpose of this Second Amendment is to: (1)modify the definition of the term"Bonds", (2) change the"Stillhouse Supply Agreements"to reflect those agreements currently in effect, (3) -46 December 22, 1998 change the percentages of water available to Participants under the Stillhouse Supply Agreements, (4) correct an error in the 1986 Agreement relating to the allocation of the Repair and Replacement Fund repayment, (5) change the term"Effective Rate"to the term"Election Use Water"to be consistent with existing Lake Georgetown Supply Contracts, (6) change the provisions for payments for Surplus Water, (7) delete the Special Assignment provision in • Section 17 because Jonah is now a Special Utility.District, and(8)provide for reacquisition of Georgetown water from Round Rock prior to completion of the Project. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Brazos River Authority ("BRA") the City of Georgetown, the City of Round Rock ("City"), and the Jonah Water Supply Corporation (n/k/a Jonah Water Special Utility District) entered into that one certain Williamson County Regional Raw Water Line Agreement ("Base Agreement") on July 9, 1986, as amended by Amendment No. 1 dated January 9, 1997 and WHEREAS, the above named parties wish to amend the Base Agreement, and WHEREAS, BRA has prepared a document entitled Second Amendment to Williamson County Regional Raw Water Line Agreement, which the City Council wishes to approve, 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 the Second Amendment to Williamson County Regional Raw Water Line Agreement, 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 December, 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. 47 December 22, 1998 10.A.5. Consider a resolution authorizingthe e Mayor to execute an engineering contract with Randall Jones Engineering, Inc. for engineering and design services for Street and Drainage Improvements for David Curry Drive. Staff Resource Person: Jim Nuse, Public Works Director. Staff previously presented to the Council a list of engineers recommended for the • issuance for street projects. This agreement totals $22,842.00 and will be funded from the G.O. Bond funds for this project,which totals $175,121.00. 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 for David Curry Drive, and WHEREAS, Randall Jones Engineering, Inc. has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with Randall Jones 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 Randall Jones Engineering, Inc., for engineering and design services for Street and Drainage Improvements for David Curry Drive, 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 December, 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.A.6. Consider a resolution authorizing the Mayor to execute Contract Change Order No. 1, to Chasco Contracting for the Downtown Streets and Drainage project. Staff Resource Person: Jim Nuse, Public Works Director. This change order is for 480 L.F. of 8 inch PVC SDR 35-wastewater line to be installed from Brown Street to Blair Street. This requires replacing curb 48 December 22, 1998 & gutter, possible new sewer manhole, sidewalk and street repair, fence removable and replacement, service & cleanouts and hydromulch of disturbed area. A drainage swale will also be established in this area upon completion. The total cost for the change order is $27,200. The existing line is an old clay pipeline and has breaks in the line allowing ground water infiltration and also tree roots have stopped up about 50% of the line capacity in some areas. 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 Downtown Storm Drainage and Street Improvement 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 Chasco Contracting, Inc. for Downtown Storm Drainage and Street Improvement 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 December, 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.7. Consider a resolution authorizink the Mayor to sign a testing inspection proposal by HOT Inspection for services associated with construction of Chisholm Valley Elevated Tank. Staff Resource Person: Jim Nuse, Public Works Director. This agreement is for testing inspection service associated with the construction of the Chisholm Valley Elevated Tank. The cost of the services is $8,500.00. The Chisholm Valley tank construction will affect 49 December 22, 1998 two houses and will be done as quickly as possible. At this time staff has contacted the residents and received their concerns. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain inspection services in connection • with the construction of the Chisholm Valley Elevated Water Tank, and WHEREAS, HOT Inspection has submitted a testing inspection proposal to provide said services, and WHEREAS,the City Council desires to approve said proposal,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 testing inspection proposal with HOT Inspection for inspection services in connection with the construction of the Chisholm Valley Elevated Water Tank, a copy of said proposal 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 December, 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.A.8. Consider a resolution authorizing the Mayor to execute a contract amendment to the 1998-1999 Water System Improvements engineering contract with HDR Engineering, Inc. Staff Resource Person: Jim Nuse,Public Works Director. The proposed change is for the development of engineering plans and specifications for improved water transmission capability at the North 81 Standpipe. The City has experienced increased water demands in this area such that a piping change is required at this site to meet water consumption needs. The change will allow more water from the north to flow into the Meadows elevated tank. The amount of the amendment is $9,590.00. 50 December 22, 1998 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with HDR Engineering, Inc. for engineering services for the 1998-1999 Water System Improvements, and WHEREAS, HDR Engineering, Inc. has submitted an Amendment to the Contract to increase the scope of services, as more particularly described in the attached Amendment, and • WHEREAS, the City Council desires to enter into said Amendment to the 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 an Amendment to the Contract with HDR Engineering, Inc., to increase the scope of services, as more particularly described in the attached Amendment. 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 December, 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.9. Consider a resolution determining a public need and necessity for the acquisition of fee simple title to approximately 0.822 acres owned by Sun Development Company, Inc. for right-of-way and associated public purposes for Greenlawn Boulevard; and authorizing the City Attorney to file proceedings in eminent domain to acquire the needed roe . Staff Resource Person: Jim Nuse,Public Works Director. This resolution allows staff to proceed with the acquisition of the right-of-way needed for the extension of Greenlawn Boulevard. Mr. Nuse outlined a map that showed the location of this property. Mayor Culpepper read the following resolution. RESOLUTION NO. 51 December 22, 1998 A RESOLUTION DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO APPROXIMATELY 0.822 ACRES OF LAND FOR' RIGHT-OF-WAY AND ASSOCIATED PUBLIC PURPOSES; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, upon consideration of the matter, has determined that there is a public necessity for the welfare of the City and the public-at-large, to acquire certain real property for right-of-way and associated public purposes; and WHEREAS, in accordance with the above, the City Council, hereby finds that it is in the public interest to acquire fee simple title to certain real property for the above stated public purposes; and WHEREAS, the real property to be acquired for such purposes is an approximate 0.822 acres of land, in Williamson County, Texas, owned by Sun Development Co., Inc., and is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, Section 1. The City Council hereby finds and determines that it is necessary for the welfare of the City and its citizens and is in the public interest to acquire fee simple title to the Property for right-of-way and associated public purposes. Section 2. The City Attorney or its designated attorney is hereby authorized on behalf of the City to attempt to agree on damages and compensation to be paid to owners of the Property. If it is determined that an agreement as to damages and compensation cannot be reached, then the City Attorney is hereby authorized to file or cause to be filed, against the owners and interested parties of the Property,proceedings in eminent domain to acquire fee simple title to the Property. Section 3. It is the intent of the City Council that this resolution 'authorizes the condemnation of all property required to construct a road. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the attorney for the County is authorized to have such errors corrected or revisions • made without the necessity of obtaining a new resolution of the City Council authorizing the condemnation of the corrected or revised Property. Section 4. The findings of fact, recitations of provisions set in the preamble of this Resolution are adopted and made a part of the body of this resolution, as fully as if the same were set forth herein. Section 5. This Resolution shall become effective immediately from and after its approval. 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 December, 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 .sY 52 December 22, 1998 ACTION: The motion carried unanimously. 104.10. Consider a resolution determining a public need and necessity for the acquisition of fee simple title to approximately 0 118 acres owned by Gattis School Road Joint Venture II for right-of-way and associated public purposes for Greenlawn Boulevard; and authorizingthe he City Attorney to file proceedings in eminent domain to acquire the needed • roe . Staff Resource Person: Jim Nuse,Public Works Director. This resolution allows staff to proceed with the acquisition of the right-of-way needed for the extension of Greenlawn Boulevard. Mr. Nuse outlined a map that showed the location of this property. Mayor Culpepper read the following resolution. RESOLUTION NO. A RESOLUTION DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO APPROXIMATELY 0.118 ACRES OF LAND FOR RIGHT-OF-WAY AND ASSOCIATED PUBLIC PURPOSES; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, upon consideration of the matter, has determined that there is a public necessity for the welfare of the City and the public-at-large, to acquire certain real property for right-of-way and associated public purposes; and WHEREAS, in accordance with the above, the City Council, hereby finds that it is in the public interest to acquire fee simple title to certain real property for the above stated public purposes; and WHEREAS, the real property to be acquired for such purposes is an approximate 0.118 acres of land, in Williamson County, Texas, owned by Gattis School Road Joint Venture 11, and is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (the"Property"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, Section 1. The City Council hereby finds and determines that it is necessary for the welfare of the City and its citizens and is in the public interest to acquire fee simple title to the Property for right-of-way and associated public purposes. Section 2. The City Attorney or its designated attorney, is hereby authorized on behalf of the City to attempt to agree on damages and compensation to be paid to owners of the Property. If it is determined that an agreement as to damages and compensation cannot be reached, then the City Attorney is hereby authorized to file or cause to be filed, against the owners and interested parties of the Property,proceedings in eminent domain to acquire fee simple title to the Property. Section 3. It is the intent of the City Council that this resolution authorizes the condemnation of all property required to construct a road. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the attorney for the County is authorized to have such errors corrected or revisions made without the necessity of obtaining a new resolution of the City Council authorizing the condemnation of the corrected or revised Property. Section 4. The findings of fact, recitations of provisions set in the preamble of this Resolution are adopted and made a part of the body of this resolution, as fully as if the same were set forth herein. Section 5. This Resolution shall become effective immediately from and after its approval. 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 December, 1998. 7 53 December 22, 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.A.11. Consider a resolution determining_a public need and necessity for the acquisition of fee simple title to approximately 4.507 acres and 0.018 acres owned by O.G. Wilson Estate for right-of-way and associated public purposes for Greenlawn Boulevard: and • authorizing the City Attorney to file proceedings in eminent domain to acquire the needed 12ropLriy. Staff Resource Person: Jim Nuse,Public Works Director. This resolution allows staff to proceed with the acquisition of the right-of-way needed for the extension of Greenlawn Boulevard. Mr.Nuse outlined a map that showed the location of this property. Mayor Culpepper read the following resolution. RESOLUTION NO. A RESOLUTION DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO APPROXIMATELY 4.507 ACRES OF LAND AND 0.018 ACRES OF LAND FOR RIGHT-OF-WAY AND ASSOCIATED PUBLIC PURPOSES; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council,upon consideration of the matter,has determined that there is a public necessity for the welfare of the City and the public-at-large, to acquire certain real property for right-of-way and associated public purposes; and • WHEREAS, in accordance with the above, the City Council, hereby finds that it is in the public interest to acquire fee simple title to certain real property for the above stated public purposes; and WHEREAS,,the real property to be acquired for such purposes is an approximate 4.507 acres of land and 0.018 acres of land, in Williamson County, Texas, owned by the O.G. Wilson Estate, and is more particularly described in Exhibit"A", attached hereto and incorporated herein by reference (the"Property"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, Section 1. The City Council hereby finds and determines that it is necessary for the welfare of the City and its citizens and is in the public interest to acquire fee simple title to the Property for right-of-way and associated public purposes. 54 December 22, 1998 Section 2. The City Attorney or its designated attorney, is hereby authorized on behalf of the City to attempt to agree on damages and compensation to be paid to owners of the Property. If it is determined that an agreement as to damages and compensation cannot be reached, then the City Attorney is hereby authorized to file or cause to be filed, against the owners and interested parties of the Property,proceedings in eminent domain to acquire fee simple title to the Property. Section 3. It is the intent of the City Council that this resolution authorizes the condemnation of all property required to construct a road. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the attorney for the County is authorized to have such errors corrected or revisions • made without the necessity of obtaining a new resolution of the City Council authorizing the condemnation of the corrected or revised Property. Section 4. The findings of fact, recitations of provisions set in the preamble of this Resolution are adopted and made a part of the body of this resolution, as fully as if the same were set forth herein. Section 5. This. Resolution shall become effective immediately from and after its approval. 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 December, 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.12. Consider a resolution determining a public need and necessity for the acquisition of fee simple title to approximately 1.347 acres owned by Mitzi Evelyn Coil for right-of-way and associated public purposes for Greenlawn Boulevard,• and authorizing the CitX • Attorney to file proceedings in eminent domain to acquire the needed property. Staff Resource Person: Jim Nuse,Public Works Director. This resolution allows staff to proceed with the. acquisition of the right-of-way needed for the extension of Greenlawn Boulevard. Mr.Nuse outlined a map that showed the location of this property. Mayor Culpepper read the following resolution. RESOLUTION NO. 55 December 22, 1998 A RESOLUTION DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO APPROXIMATELY 1.347 ACRES OF LAND FOR RIGHT-OF-WAY AND ASSOCIATED PUBLIC PURPOSES; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, upon consideration of the matter, has determined that there is a public necessity for the welfare of the City and the public-at-large, to acquire certain real • property for right-of-way and associated public purposes; and WHEREAS, in accordance with the above, the City Council, hereby finds that it is in the public interest to acquire fee simple title to certain real property for the above stated public purposes; and WHEREAS, the real property to be acquired for such purposes is an approximate 1.347 acres of land, in Williamson County, Texas, owned by Mitzi Evelyn Coil, and is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, Section 1. The City Council hereby finds and determines that it is necessary for the welfare of the City and its citizens and is in the public interest to acquire fee simple title to the Property for right-of-way and associated public purposes. Section 2. The City Attorney or its designated attorney, is hereby authorized on behalf of the City to attempt to agree on damages and compensation to be paid to owners of the Property. If it is determined that an agreement as to damages and compensation cannot be reached, then the City Attorney is hereby authorized to file or cause to be filed, against the owners and interested parties of the Property,proceedings in eminent domain to acquire fee simple title to the Property. Section 3. It is the intent of the City Council that this resolution authorizes the condemnation of all property required to construct a road. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised • descriptions, the attorney for the County is authorized to have such errors corrected or revisions made without the necessity of obtaining a new resolution of the City Council authorizing the condemnation of the corrected or revised Property. Section 4. The findings of fact, recitations of provisions set in the preamble of this Resolution are adopted and made a part of the body of this resolution, as fully as if the same were set forth herein. Section 5. This Resolution shall become effective immediately from and after its approval. 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 December, 1998. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND,-City Secretary • MOTION:O ON: Councilman Palmer 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 5,6 December 22, 1998 Noes: None ACTION: The motion carried unanimously. 10.B.1. Consider a resolution amending the Forest Creek Golf Course Capital Budget. Staff Resource Person: David Kautz, Finance Director. A presentation was made on this at the December lo' Council meeting. Mr. Kautz noted that the golf course operator provides a capital • budget to the Council annually which is funded by 4% of green fees each year. The budget provides funding for capital equipment and capital improvements to the golf course facilities. Green fees are the typical funding source for capital items. Because of the larger proposed expenditure this year, the balance of funding is to be provided from the golf course operating cash flow and will be repaid through green fees. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, CCA Silband/Golfcorp/Round Rock, Inc. ("Operator")has submitted a proposed capital budget for the Forest Creek Golf Course for 1999, and WHEREAS,the City Council wishes to approve said capital budget,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the capital budget for the Forest Creek Golf Course submitted by Operator for 1999, 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 22nd day of December, 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. M 57 December 22, 1998 10.C.1. Consider a resolution authorizingthe e Mayor to execute Supplemental Agreement No. 2 to extend the closing date for the purchase of the Telander Tract. Staff Resource Person: Bob Bennett, City Manager. Steve Sheets noted that this resolution extends the closing date from December 31, 1998 • to January 29, 1999. This will allow staff to finalize the financing issues and lease negotiations. He added that Mr. Telander has agreed to the extension. Mayor Culpepper read the following resolution. RESOLUTION NO. 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 January 29, 1999; and WHEREAS, it has been determined that it is 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. 2 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. 2 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 22nd day of December, 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. 58 December 22, 1998 10.C.2. Consider a resolution authorizing the Mayor to execute an agreement regarding the Round Rock Convention Complex/Stadium Staff Resource Person: Bob Bennett, City Manager. Steve Sheets noted that the financing negotiations and lease agreement negotiations have taken longer than expected. RSR requested that a formal agreement be drafted. All there is • between RSR and the City is a Memorandum of Understanding. This agreement will be a substitute for the lease agreement that RSR can use in their application with Major League Baseball representatives. Mr. Sheets went over major points of the agreement that was presented to the Council. He noted that there are a few minor changes to the agreement and proceeded to point those out. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, RSR Sports, Inc. ("RSR") and the City of Round Rock("City") entered into a Memorandum of Understanding on June 11, 1998 regarding the proposal by RSR to relocate a minor league professional baseball team to the City, and WHEREAS, an election was held on November 3, 1998 whereby the voters of the City approved the use of Hotel Occupancy Tax to finance the construction and operation of a Convention Center Complex/Baseball Stadium("Complex"), and • WHEREAS, the City and RSR are continuing to investigate and analyze various financing alternatives and negotiating the terms of a lease agreement for the Complex, and WHEREAS, the City and RSR desire to enter into an interim agreement setting forth the present status of and their present agreement regarding the Complex,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 Regarding Convention Center Complex/Baseball Stadium, 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 December, 1998. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary • MOTION: Councilwoman Chavez moved to approve the resolution and to delete the reference to Exhibit "A" and Exhibit `B" on page 6 under 7.02A and to change the date from February 15"'to February 22nd. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer 59 December 22, 1998 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 10.D.1. Consider a resolution allocating the City of Round Rock Juvenile • Accountability Block Grant to the Williamson County Juvenile Services Department. Staff Resource Person: Joanne Land, Assistant City Manager. The $8,000 grant will pay for a part- time juvenile Court Master for Williamson County. The Court Master will expedite detention hearings, adjudication's, and dispositions. With faster turn around in cases it should relieve some of the crowded conditions that are being experienced. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Office of the Governor has grant funds available to cities through the Juvenile Accountability Block Grant Program, and WHEREAS, the City Council wishes to designate the Williamson County Juvenile Services Department as the eligible applicant for the funds available to the City of Round Rock in the amount of$8,000.00. Said funds will be combined with the funds allotted to Williamson County to employ a juvenile court master for Williamson County,Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby supports the allocation of grant funds available to the City of Round Rock in the amount of $8,000.00 to the Williamson County Juvenile Services Department. 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 December, 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. so December 22, 1998 10.E.1. Consider a resolution authorizing the Mayor to execute a license agreement with the Oakland Owner's Association; Inc. Staff Resource Person: Joe Vining, Planning Director. Applicant: Oakland's Owners Association. This agreement will allow landscaping and irrigation in the public right-of-way, including the median, on both sides of Oakwood Blvd. from the intersection of Oakwood Blvd. and RM 620 for a distance of approximately 360 feet. 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 at the intersection of Oakwood Boulevard and RM 620, and WHEREAS, the Oakland Owner's Association, Inc. desires to exercise certain rights and privileges upon the unpaved portion of the public right-of-way located at the intersection of Oakwood Boulevard and RM 620,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 Oakland Owner's Association, Inc. for the right to install, construct, operate, maintain, upgrade, and repair landscaping and irrigation systems in and upon the public right-of-way located at the intersection of Oakwood Boulevard and RM 620, 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 22nd day of December, 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. 10.E.2. Consider a resolution authorizing the Mayor to execute a tax abatement with OPUS Real Estate Texas I Limited Partnership and Trend Technologies. Staff Resource Person: Joe Vining, Planning Director. Applicant OPUS Real Estate Texas I Limited Partnership and Trend Technologies. This five-year tax abatement is an agreement between the City of Round Rock and OPUS Real Estate Texas I Limited Partnership and Trend Technologies. The facility 61 December 22, 1998 consists of 120,000 square feet of office and manufacturing space. The total construction cost of the building is approximately$4.4 Million and the cost of the equipment is approximately$12 Million. The building is to be substantially complete and the equipment delivered and/or installed on or before December 31, 1998. Trend Technologies is required to provide 211 jobs by December 31, 1998 with a total employment of 244 by 12/13/02. Abatement applies to the ad • valorem real and personal property taxes. These abatements are estimated using the current ad valorem tax rate of.385 per$100 value applied to $16.4 million with the following percentages: Tax Year 1999 100% $63,140 Tax Year 2000 100% $63,140 Tax Year 2001 75% $47,355 Tax Year 2002 50% $31,570 Tax Year 2003 25% $15,785 Mayor Culpepper read the following resolution. 1 RESOLUTION NO. WHEREAS, the City Council, on the 11th day of June, 1998, in Ordinance No. G-98-06- 11-12A1, created Reinvestment Zone No. 22 in the City of Round Rock, Texas, and WHEREAS, in accordance with Chapter 312, Tax Code, V.A.T.S. as amended, the City desires to enter into a tax abatement agreement with OPUS Real Estate Texas I Limited Partnership and Trend Technologies, L.P., regarding property located in Reinvestment Zone No. 22, and WHEREAS, the Council has determined that all requirements of the guidelines and criteria adopted by Ordinance No. G-97-10-09-9F have been complied with,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 Tax Abatement Agreement with OPUS Real Estate Texas I Limited Partnership and Trend Technologies,L.P. 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 December, 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 62 December 22, 1998 Councilman,Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: None DISBURSEMENTS: • Mayor Pro-tem Stluka disclosed that he does business with HDR Engineering but that business is unrelated to the City of Round Rock. 12.A. Consider payment of $74,451.25 to Allied Consultants, Inc for professional consulting services for the implementation and technical support of the Finance Department Computer System Software. 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$199,950.47 to Ballou Construction Co Inc for the Street Maintenance Program Phase 1 /Micro-Surfacing, The current contract price is $228,267.80 and the project is funded from Self Financed General Construction Funds. 12.C. Consider payment of$9,274.50 to C.C. Carlton Construction of Austin, Inc. for the Wilderness Way Drainage Im rovements. The current contract price is $114,790.80 and the • project is funded from 1996 General Obligation Bonds (F42). 12D. Consider payment of $103,184.59 to Chasco Contracting for the Eggers Acres Street Improvements. The current contract price is $1,044,389.72 and the project is funded from 1996 General Obligation Bonds. 12.E. Consider payment of $27.970.00 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.F. Consider payment of $10,009.04 to Highline Corporation for the Human Resources and Payroll Systems Implementation. The current contract price is $181,556.00 and the project is funded from General Obligation Budget Revision No. 1. • 12.G. Consider final payment of $66,250.00 to PeopleSoft. Inc. for Software License Agreement. The current contract price is $300,310.34 and the project is funded from 1997-1998 General Operating Budget Revision#1. 12.H. Consider payment of$21,410.00 to Rust Environment & Infrastructure Inc for engineering services associated with IH-35 turnarounds at FM1325 & Hester's Crossing_ The 63 December 22, 1998 current contract price is $328,000.00 and the project is funded by 1997 Certificates of Obligation. 12.I. Consider reimbursement of $1,788.80 to Primetex Corporation for oversizing a water line in the Freeman Moving & Storage development at 590 Greenhill Drive in the Crustal Park Subdivision. • DISBURSEMENTS: MOTION: Councilman Palmer 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 reported that the final steps have been taken to prepare for the upcoming winter storm. COUNCIL COMMENTS: The Council wished everyone a Merry Christmas and a Happy New Year. Councilman Palmer announced that he will seek another term on the Council as Place 4. He added that he has submitted the proper forms for a campaign treasurer. Councilman Joseph relayed his condolences to the family of Donald Christie, his brother's father-in-law,who recently passed away. Mayor Culpepper announced that he will not seek another term on the Council. He added that he has enjoyed his time on the Council but he wants to spend more time with his family. ADJOURNMENT: • There being no further business, the meeting adjourned at 8:40 p.m. 1111 pectfully Submitted, GZ,K� anne Land,Assistant City Manager/ City Secretary 64 January 14, 1999 The Round Rock City Council met in Regular Session on Tuesday, December 22, 1998 at 7:00 p.m. 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. EXECUTIVE SESSION: 3.A. Executive Session as authorized by°551.071 Government Code related to pending litigation to wit: 11 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 into Regular Session at 6:50 p.m. ACTION RELATIVE TO EXECUTIVE SESSION: 4.A. Consider discussion and/or action related to pending litigation, to wit: 1, 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: Special Called Session December 21, 1998 and Regular • Session December 22, 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 65 January 14, 1999 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: • Mayor Culpepper asked those individuals who wished to address the Council to limit their comments to 3-minutes and if they require more time they may continue at the end of the Council meeting. William Camp, 2310 Stirrup, said that citizens are still against using HUD funds for the redevelopment of the Blessing Mobile Home Park and that he was informed by Richard Lopez of HUD that any funds the City plans to use with the funds can be changed by public opinion. Mr. Camp asked the Council that when they annex the Blessing Mobile Home Park to make sure that it becomes something that will not hurt Round Rock but rather be good for the City. Ken Lounsbury, 500 Elder Way, submitted a petition to the Council that was signed by 643 residents. Mr. Lounsbury said the petition was for the support to not build anymore • apartments until the General Plan guidelines are met. Mr. Lounsbury proceeded to read the following statement on the petition. "We, the citizens of the South Creek Subdivision,Round Rock, Texas, and neighboring Round Rock residents,request that the property located north of Gattis School Road and to the east and west of South Creek Drive, Section 19, riot be developed with multi-family housing. With the opening next fall of Caldwell Heights Elementary to relieve Forest Creek Elementary, Gattis Elementary School will gain the dubious distinction of the most overcrowded school in the City, largely due to the influx of hundreds of students from the series of apartments completed and presently being built along Louis Henna Boulevard. We believe the City of Round Rock has taken advantage of our trust in allowing an excessive amount of multi-family housing to be built in southeast Round Rock. • We are totally against the development at the front of our subdivision for these additional reasons: • A good workable solution solving our current student overpopulation needs to be in place before any new apartments are built in this area. 0 We are concerned that there will be an increase in the amount of crime in our area. 66 January 14, 1999 • Extreme traffic congestion will result from the 232 apartments being built at the corner of Gattis School Road and South Creek Drive. • No left turn lanes have been provided on Gattis School Road to relieve the high flow of traffic at this intersection. • The high traffic generation requires maximizing the functional separation between multi- • family and single family uses,which this development does not do. • Access to multi-family developments should minimize traffic on collector roadways in single family areas. This development does the opposite. • The density ratio for multi-family housing in Round Rock is set out in the General Plan as 20% and the Southeast Quadrant is currently at approximately 38%, and rising. We urge the City Council to establish a moratorium against any further development of multi-family land until the density limits are back in proportion to what the City's General Plan calls for. Furthermore,we request that the City rezone this same piece of property to Single Family zoning." Mayor Culpepper asked Mr. Lounsbm'Y how many children that attend Gattis Elementary • live in an apartment. Mr. Lounsbury said that as of January 5, 1999 Gattis Elementary acquired 30 new students and 80% or 24 of those students came from the apartments on Louis Henna Boulevard. John B. Gordon, 1007 Green Meadow, expressed his concern with the number of multi- family units in the City. He said he conducted an inventory of the housing units in the City and found approximately 13,000 single family houses and 6,500 apartments and duplexes which is out of line with the 80/20 ratio established by the City. He asked that staff look at the ratio and get back to what the City's goal has been all along. Mr. Gordon added that the City needs to duplicate every existing single family house before another apartment or duplex is built. He added that there are areas in the City that have approximately 50%rental multi-family houses, • apartments and duplexes. This area is bounded by one mile east of the Interstate north and south and has 4,500 of those apartments and duplexes making that area including the South Creek nearly 50%multi-family. Mr. Gordon asked the Council to establish a moratorium on further apartments and duplex development until the 80/20 ratio is reestablished. 67 January 14, 1999 Mayor Culpepper asked Mr. Gordon to meet with staff because figures from the Planning Department show 23,000 single family and 4,000 multi-family which is 18.2%. Mayor Pro-tem Stluka added that due to various e-mails and communications he received, regarding the apartments/multi-family situation,he specifically asked staff to update all • the figures regarding occupied multi-family and multi-family under construction versus residential. He also asked staff to acquire information regarding the rental rates as to what the medium rental rate is in the City. The figures for the rental rates are currently not available but he did receive an update on the percentages of multi-family versus single family as of December 31, 1998. One quadrant of the City is at 20%multi-family but citywide the total multi-family occupied units and under construction is 18.2%. He added conflicting reports have been received from the School District regarding the number of students who live in apartment complexes and that he wants to follow up on figures that were received from the main office and the principal. PROCLAMATIONS: 10.A. Consider a proclamation proclaiming January 18, 1999 as Martin Luther King, Jr Day. Mayor Culpepper read the appropriate proclamation and presented it to David Hill and • Gloria Walker representatives of the Martin Luther King, Jr. Commemorative walk committee. Ms. Walker invited the Council to the commemorative walk and program on Monday, January 18, 1999 beginning at 3:00 p.m. PRESENTATIONS: 11.A.1. Consider a presentation concerning extending water service to property along IH 35 north of Old West Drive. Staff Resource Person: Jim Nuse,Public Works Director. This item involves extending water service along IH-35 and a portion between Buckboard Boulevard and Old West Drive. This area has a few small commercial businesses and a couple of vacant pieces of property and staff would like to approach the property owners to build a water line across the front to complete a valuable loop,.to provide water service to those areas. The estimated cost of • the project is $29,000. Mayor Pro-tem Stulka suggested that staff bring back to the Council,when formal action is taken, an estimate on the continuation of the extension to Old West Drive to make it a complete link. 66 January 14, 1999 In response to Councilman Hairston's question,Mr. Nuse said several things have to be accomplished before the project can begin and does not anticipate that it will begin until the Fall. The project,which will be a Capital Improvement Project, will take three weeks to complete. I LA.2. Consider a presentation concerning the reconstruction of Lakeview Cove Staff Resource Person: Jim Nuse,Public Works Director. This street is in Round Rock West east of • Deepwood Elementary School and west of the Alligator Hole. The street was built with a four- inch water line that has been problematic over the years,has had many repairs and is in very poor condition and gotten worse over the last year. Mr.Nuse recommended that Martinez, Wright & Mendez replace the water line, water service and reconstruct the street. Instead of waiting for another Capital Improvement Program to go before the voters staff would like to move ahead with this project. The engineering portion of the project is $7,900.00 the total cost of the project including the 15% contingency is $55,832.50. This item will be brought back to the Council for action. 11.A.3. Consider a presentation concerning an agreement with The Estates of Oak Bluff Home Owners Association for City of Round Rock cost participation in the construction of a fence along the west boundary, of Lot 29, Block A. Oak Bluff Estates. Staff Resource Person: • Jim Nuse, Public Works Director. The Homeowners Association, at the February 26, 1998 Council meeting,made a presentation outlining their plan to construct a fence along the lots on the west boundary of the subdivision adjoining County Road 122. The Homeowners Association requested the City to consider a cost participation of$9,000.00 for the construction of the fence. The lot was acquired by the City through the acquisition of the Oak Bluff Water Supply Corporation. Mr. Nuse added that if it is the Council's desire to proceed with the construction of the fence after the lot is sold the proceeds from the sale of the lot will pay for the fence. PUBLIC HEARINGS: 12.A.1. Consider public testimony concerning;the adoption of the Transportation Master Plan. Staff Resource Person: Jim Nuse,Public Works Director. Bob Bennett noted that in the • summer of 1997,the Council asked staff to begin putting together a new Transportation Plan for the City of Round Rock. A consultant was hired, input was received by many citizens, the Planning and Zoning Commission and the City Council provided input, two formal public hearings were held that involved 400 citizens directly, 10 informal meetings with small groups were held, the City produced 12 mail-outs, three newsletters were produced by Lichliter/Jameson 69 January 14, 1999 and there were countless telephone calls from realtors, citizens and newspaper reporters. This item is another step in finalizing the Transportation Master Plan. Mr. Bennett added that in terms of importance to the City,this Plan is perhaps the second J most important City map the City has. The first map is the official Zoning Map of the City. The Zoning Map of the City has the force of law and is critical in the development of the City. It • establishes where the zones are for the City and what the City is to do respective to honoring the rights of the people who have the property where the zoning is. Similar to that is the Transportation Plan. The arteries, roads, streets on the Plan can not be randomly moved around after it has been adopted by the City Council and signed by the Mayor. The map has the force of law. The streets can be amended to some degree but there are two processes that have to be followed for staff to make minor adjustments. One step is through the subdivision process which has to go before the City Council. The subdivision process provides an opportunity for input from affected citizens around subdivisions. The process is spelled out in the Code and the Council is involved and it requires public hearings along with citizen participation. Mr. Bennett concluded that once the Transportation Master Plan map is set, staff will try • to get the map out to as many people as possible. Also, signs will be posted in rights-of-way to inform new residents of the roads that are being planned in that area. Joe Vining said the importance of the Transportation Plan is supported by the fact that it is an element of the City's General Plan. The ordinance that adopts the Plan replaces Chapter 7 and this is the main element of the Transportation Plan. The roadways will be fine-tuned to the best approximation of the new alignments. Mr. Vining reiterated that a process has to be followed before the Transportation map can be changed and the public will have the opportunity to provide input. Tom Word presented the Transportation Plan for the Council's consideration. "In terms of the organization of the Plan, the City has a Plan that is being.called the ultimate roadway plan and is based on the ultimate build out of the City to the ETJ. That's an estimated population of 236,000 people and the employment of 129,000 jobs within the City. The Plan when you look at it represents a 50 to 80 year look into the future at thispoint in time. There are two other roadwayelements that are associated with the Plan.. One element is a 2007 Roadway Plan and the other is a 2017 Roadway Plan. These two elements of the plan represent the City's best guess as to what roadways are needed or will belbeeded within those two 10-year time frames as the City 70 January 14, 1999 moves towards the ultimate plan. The Plan will ultimately include a Bicycle Plan but at this point staff recommended that it be pulled from consideration. Staff would like to make some more improvements to that element and talk to other groups within the community to get more input. Staff will come back within a short period of time with that element to be adopted. Notes have been added to the Plan that were not there in the previous presentation concerning the sequencing • of the construction of a group of arterials on the west side. The three notes are 1) Arterial"C" from 620 toH-45 has S to be built first before some of the other segments; 2 the next segment that needs to be built was Arterial "C" from Sam Bass Road to 620. 3)Wyoming Springs Road and/or Great Oaks Drive and/or O'Connor Drive. The main concern from the Wyoming Springs residents is that they should not unfairly bear the burden of all the transportation west of the Interstate. The other major area of concern is the cut through traffic on the Deepwood corridor. Cut through traffic can be relieved through the construction sequence which is build roads in a sequence so the burden of cut through traffic will not be placed on a specific segment or subdivision west of the Interstate. Mr. Word added that some of the roads will depend on SH-45 being completed which is several years out into the future. He noted that staff is concerned about cut through traffic today and is considering initiating traffic calming procedures within the • Round Rock West community. Traffic calming is a new term and means doing things to the neighborhood roads to help encourage people drive at speeds that are reasonable for neighborhoods and to discourage people from using the road as a short cut. Some traffic calming devices can be stop signs or speed humps. The east side of the City has improvements to County Road 122 and building Arterial "A" and Arterial `B". The issue that has been raised is that County Road 122 should it be in the first ten years of the Plan rather than the second ten years of the Plan. This road is very important because it carries a lot of traffic. The Bond package that was approved a couple of years ago included$500,000 for improvements to County Road 122. The City recently received$400,000 from the County for improvements to County Road 122. The improvements for County Road • 122 need to be done very quickly to improve the condition of the road and to the build the bridge. Staff proposes to widen the existing road, do some pavement work, improve a couple of alignment situations and do some drainage work. The road will be approximately a 44 foot width of pavement which will allow a travel lane in each direction, a four foot shoulder and a continuous left turn lane from Brushy Creek to Forest Creek Drive. This improvement will allow 71 January 14, 1999 staff to focus on the roadway connecting Gattis School Road to US79 so it can be completed prior to the opening of the new High School." Mr. Word concluded that building the second arterial will help decrease the current traffic pressure that is currently on County Road 122. • Mayor Pro-tem Stluka asked Mr. Word what he anticipates as the time line on the new arterials and which one does he felt needed to be built first east or west? Mr. Word said the highest.priority for the City needs to be a north/south connection on the east side simply because of the opening of the new High School. There are strong needs on the west side but a lot of those depend on the completion of SH-45 which is possibly 4 to 5 years away at the earliest and it could be longer. As for the east side of the City, even though the 4B funds for roads are committed for the next three years on a pay as you go basis, there is potential to get significant portions of a connection worked through there from development activity. Mayor Culpepper added that the SIB (State Infrastructure Bank) can be another option for helping accomplish that. Mr. Word said that the SIB is a new mechanism that the Federal government authorized as a pilot program. It allows cities and counties to acquire federal • highway funds at a low financing rate for transportation projects. Mayor Pro-tem Stluka asked that the hike and bike trail plans not be delayed too long. Mayor Culpepper opened the public hearing and asked everyone to keep comments to 3 minutes so everyone can be accommodated. Tom Black, 18224 Whitewater Cove, said that when the Council attended the meeting at Fern Bluff Elementary during one of the public meetings to listen to the concerns of the residents about Wyoming Springs it showed a great regard for the citizens. He added that he was not personally content with the Plan but most of the residents are a lot more satisfied than they were. Mr. Black asked that the local neighborhoods be included in the final plans for the roadway. He added that the cost of constructing,Wyoming Springs between Whitewater and Sam Bass Road • could be as much as two.times as high as on the plan because of the 100-year flood plain, the size of the bridge that is needed and the endangered species in the area. In closing,Mr. Black noted that there are enough projects on the east side of the City that have to be done first and suggested that the extension of Wyoming Springs between Whitewater and.Sam Bass Road be moved into the second 10-year plan and to spend the 4B money where it is needed today. Mr. Black also asked that Wyoming Springs be removed from ATS Plan. 72 January 14, 1999 Mike Pavlik, 1000 East Rock Cove, representing the residents of East Rock Cove expressed his concerns regarding Arterial`B". He submitted a petition signed by 175 residents from the surrounding areas who will be directly affected by Arterial`B" and noted that everyone in that area is against Arterial`B" as it is shown. Mr. Pavlik asked the Council to consider eliminating Arterial`B" from the Transportation Master Plan and to address the widening efforts • and concerns for Gattis School Road and County Road 122. Bob Tagge, 2113 Oakridge Drive, asked that the connection from Sam Bass Road to RM620 be moved up to number one. He said this is important because the City plans to build a Fire Station on Deepwood Drive and there is still a traffic concern for the people who live off the Sam Bass Road area when Georgetown Railroad goes through that area. Mr. Tagge said he would like to see the Georgetown Railroad tracks removed so that Sam Bass Road,RM620 and McNeil Road are railroad traffic free. He suggested that the railroad be moved to the east by Westinghouse Road, have a bridge built across IH-35 and align the tracks down the center of SH- 130. Dick Pruett, 1711 Amber Skyway, thanked Tom Word for all the work he did on the Transportation Master Plan. He noted that there are people in three areas that would like to have • seen Arterial"A"go straight. Mr. Pruett added that the only thing worse than having a six-lane road is having six lanes of traffic on a 4-lane road next to your driveway. John Gordon, 1007 Green Meadow,noted that the highest priority for the roads is the east side of the City due to the opening of the new High School. He asked that Doublecreek Drive from Gattis School Road north to US79 be completed before the senior class of the new High School"comes onboard". Mr. Gordon added that north of the Brushy Creek there is some open area that is not in the City limits and the Council should ask Williamson County for help with funding because the construction of a bridge to cross Brushy Creek is going to cost about$600- 700,000. Mayor Culpepper said that people don't realize that it was less than a year ago that the • School District said they were going to build Stoney Point High School. The problem the Council has had is to get more cooperation between the School District and the City when the School District plans to build another school. This will allow the City time to plan roads. Mayor Culpepper added that as soon as the Transportation Master Plan is approved the Council can issue Certificates of Obligation to get funds to build the bridge on County Road 122 and finish Jan 4 January 1 , 1999 the improvements on the road. The safety of the children would justify the issuance of the Certificates. Mary Ann Dominguez-Reed,resident of Fern Bluff, said, even though the Transportation Master Plan"is not the most perfect plan, it is the best plan"that she has seen. She complimented Tom Word for the"excellent"job he did in working with the residents and Joe Vining and his • staff for all the help they provided. Ms. Dominguez-Reap noted that the Plan is not a City Plan but rather a Community Plan and she thanked the Council for that. Jean Cochran,President of the Fern Bluff MUD,thanked and urged the Council to vote for the west side proposals. Kim Oakley,resident of Fern Bluff, said, "this is a very good Plan." She thanked Tom Word for listening to the residents and the Council for their patience and consideration of the residents. There being no further testimony, the public hearing was closed. Mayor Culpepper thanked Bob Bennett, Tom Word, Joe Vining, and all of the staff for taking a sensitive issue and getting where they are now. • 12.B.1. Consider public testimony concerning the reassessment plan in connection with the Encino Plaza Public Improvement District(PID. Staff Resource Person: Joe Vining, Planning Director. Charlie Crossfield, City Attorney,noted that in 1997 the Encino Plaza PID was created. Since that time Encino Plaza has been resubdivided. The purpose of this public hearing is to hear testimony regarding the reallocation of the debt. Initially,there were 8 lots and now there are 13 lots, two of the lots have paid off their assessments of approximately$315,000 leaving approximately$2, 375,000.00. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. • ORDINANCES: Mayor Culpepper dispensed with the order of the agenda and addressed the next item. 13.B.3. Consider an ordinance adopting the Transportation Master Plan. (First Reading) Mayor Pro-tem Stluka suggested that the Council accept the Plan as presented in concept, recognizing and accepting all the arterials as presented and recognizing that the final alignment of these may change as they go through the platting process. 74 January 14, 1999 In response to Mayor Culpepper's question, Mr. Word said a note can be added to the Plan that states the alignment of the arterials may move based on the final platting process. Councilman Hairston asked Mr. Word if John Gordon's idea about approaching Williamson County for the funding of road improvements outside the City limits can be used? Mr. Word said staff is always looking for partners for projects and would be happy to approach • the County about how they might go into partnership with the City to improve the transportation in Williamson County. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE GENERAL PLAN OF THE CITY OF ROUND ROCK, TEXAS, ORIGINALLY ADOPTED IN SECTION 11.201(2), CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, CURRENTLY CODIFIED UNDER SECTION 11.200, CODE OF ORDINANCES (1995 EDITION); SAID ORDINANCE REPLACING "CHAPTER 7: TRANSPORTATION"WITH THE"TRANSPORTATION MASTER PLAN," WHICH CONSTITUTES THE CITY OF ROUND ROCK'S UPDATED TRANSPORTATION POLICY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Palmer moved to adopt the ordinance, add a note to the Plan that states the alignment of the arterials may move based on the final platting process and to • temporarily remove the bicycle element from the Plan. 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. 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. 75 January 14, 1999 Councilman Hairston made the following statement. "This is a significant step in the right direction and I would like to remind everybody that even though we have a Plan, the Plan will change because the assumptions that certain things are going to occur between now and the next 50 years may or may not occur. The Plan is nothing but planning is everything and the involvement of the community in this particular Plan is most important. Watching the • assumptions,monitoring the environment to see what is occurring, if the population is growing, if we are getting more people moving here, if there is more traffic,more businesses. This Plan has to adapt to what is occurring because some of our assumptions may be very true and some of the other assumptions may be very false; and also, as Tom brought out, this Plan can be amended and those circumstances change but when the priorities or values of this community have to change in order to keep us a prosperous community. My father once told me that promises can be written on a block of ice or they can be written on a block of concrete. What you actually want to do is not write them in either. When you write them in concrete you can't adapt. When you write them in a block of ice nobody remembers them. We have a good Plan because we had excellent planning and planning is continuous and so Round Rock needs to pat itself on • the back for this particular Plan and most importantly the planning process." Mayor Culpepper said, "What we did do is identify some corridors and some phasing of projects so that at least we can move forward." Mr. Word recognized the contributions that the consultant, Lichliter/Jameson, offered through the whole process. 13.A.1. Consider an ordinance granting CoSery Communications L.L.C. a temporary franchise authorizing and governing the use of public rights-of-way to provide telecommunications services within the City of Round Rock pending the adoption by.the City of a telecommunications ordinance. (Second Reading) Staff Resource Person: Steve Sheets, City Attorney. There have been no changes since the first reading of the ordinance. • Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE GRANTING COSERV COMMUNICATIONS L.L.C. AND ITS SUCCESSORS AND ASSIGNS A TEMPORARY FRANCHISE AUTHORIZING AND GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY TO PROVIDE TELECOMMUNCIATIONS SERVICES WITHIN THE CITY OF ROUND ROCK PENDING ADOPTION BY CITY OF A TELECOMMUNICATIONS ORDINANCE GOVERNING THE ISSUANCE AND ADMINISTRATION OF TELECOMMUNICATION FRANCHISES IN A NONDISCRIMINATORY AND COMPETITIVELY NEUTRAL MANNER. 76 January 14, 1999 MOTION: Councilman Joseph moved ove1 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. 13.A.2. Consider an ordinancer�anting to CoSery Gas L L C a limited liability Corporation a franchise to furnish and supply gas to theeg neral public in the City of Round Rock, Williamson County, Texas. (Second Reading) Staff Resource Person: Steve Sheets, City Attorney. There have been no changes since the first reading of the ordinance. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE GRANTING TO COSERV GAS L.L.C., A LIMITED LIABILITY CORPORATION, AND ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF ROUND ROCK, • WILLIAMSON COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS; AND PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; AND REPEALING ALL PREVIOUS GAS FRANCHISE ORDIANCES. 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.A.3. Consider an ordinance granting a franchise to CoSery Communications L L C ,a Texas Corporation to build, construct,operate and maintain a cable television system in the City of Round Rock, Texas. (Second Reading) Staff Resource Person: Steve Sheets, City Attorney. There have been no changes since the first reading of the ordinance. Mayor Culpepper read the caption of the ordinance. January 14, 1999 77 ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO COSERV COMMUNICATIONS L.L.C., A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO BUILD, CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF ROUND ROCK, TEXAS, AND SETTING FORTH, CONDITIONS ACCOMPANYING THE GRANTING OF THIS FRANCHISE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF PORTIONS OF THIS ORDINANCE; PROVIDING FOR A SAVINGS • CLAUSE; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS. M TI N: 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. 13.B.1. Consider an ordinance authorizing the placement of stop signs at the following street intersections: on Cobra Crossing at Hilton Head Drive and on Titleist Trail at Hilton Head • Drive. (Second Readings Staff Resource Person: Jim Nuse,Public Works Director. Tom Word noted that these streets are located in a new subdivision recently accepted by the City. 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 COBRA CROSSING AND HILTON HEAD DRIVE, AND TITLEIST TRAIL AND HILTON HEAD DRIVE AS STOP INTERSECTIONS; 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 Noes: None ACTION: The motion carried unanimously. 78 January 14, 1999 13.B.2. Consider an ordinance designating the intersection of Greenlawn Boulevard and Dell Way as an All-Way Stop intersection. (Second Readings Staff Resource Person: Jim Nuse, Public Works Director. Tom Word noted that this intersection is experiencing a significant increase in traffic from all approaches. Dell Computers is building a couple of buildings east of Greenlawn • Boulevard and another one on Dell Way to the west. This intersection meets the warrants for a traffic signal but for the time being staff recommended that this intersection be converted to an � g all way stop until the traffic signal can be installed. There have been no changes since the first reading of the ordinance. In response to Councilman Hairston's question,Mr. Word said the time frame for the installation of the traffic signal is 4 to 6 months. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF GREENLAWN BOULEVARD AND DELL WAY 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. 13.13.3. Consider an ordinance adopting the Transportation Master Plan. (First Reading) This item as addressed earlier in the meeting. 13.C.1. Consider an ordinance closing the hearing and levying reassessments for cost of • certain improvements provided within the Encino Plaza Public Improvement District (First Reading). Staff Resource Person: Joe Vining, Planning Director. A public hearing was held for this item earlier in the meeting. Mayor Culpepper read the caption of the ordinance. `� 79 January 14, 1999 ORDINANCE NO. AN ORDINANCE CLOSING HEARING AND LEVYING THE ASSESSMENTS OR THE COST OF CERTAIN IMPROVEMENTS IN THE ENCINO PLAZA PUBLIC IMPROVEMENT DISTRICT; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • MOTION: Councilman Stewart moved to adopt the ordinance. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councihnan,,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. 14.A.1. Consider a resolution adopting the Round Rock Transportation Capital Improvement Program for the Transportation System Development Corporation Staff Resource Person: Jim Nuse, Public Works Director. Tom Word noted that the Round Rock Transportation System Corporation adopted the • following Transportation Capital Improvement Program(TCIP). 1. Project Name- Greenlawn Extension Project Limits -From Louis Henna Boulevard to IH-35 Frontage Road Work Description- Construct 4 lane divided arterial Fiscal Year in TCIP - 1998 Projected Contract Award-March 1999 80 January 14, 1999 Estimated Cost- $4,417,500.00 2. Project Name- Traffic Signal Coordination Project Limits -FM1325/Louis Henna; McNeiUIH-35/RM620;US79 Work Description- Construct and implement coordinated traffic signal systems. Fiscal Year in TCIP - 1998 • Projected Contract Award-May 1999 Estimated Cost- $100,000.00 3. Project Name-IH-35 Turnarounds Project Limits -FM1325/Louis Henna; Hester's Crossing Work Description- Construct Frontage Road Turnarounds Fiscal Year in TCIP - 1999 Projected Contract Award- October 1998 Estimated Cost- $3,100,000.00 4. Project Name-US79 Project Limits -From County Road 195 to County Road 110 Work Description-Reconstruct Highway to 4 lane divided highway Fiscal Year in TCIP - 1999 Projected Contract Award-August 1999 Estimated Cost- $1.250,000.00 5. Project Name- South Mays Street Project Limits - South Mays Street; Hester's Crossing; Dell Way; Connection to Boardwalk, Gattis School Road Extension Work Description-Realign, Widen and Extend Streets Fiscal Year in TCIP - 1999 Projected Contract Award- June 1999 and Fiscal Year 2001 Estimated Cost- $2,439,000.00 • Two Year Element Total- $11,306,500.00 Mayor Culpepper read the following resolution. RESOLUTION NO. RESOLUTION ADOPTING THE ROUND ROCK TRANSPORTATION CAPITAL IMPROVEMENT PROGRAM FROM THE ROUND ROCK TRANSPORTATION SYSTEM DEVELOPMENT CORPORATION 81 January 14, 1999 WHEREAS, the Round Rock Transportation System Development Corporation ("RRTSDC") has developed and approved a combined Transportation Capital Improvement Program, including maintenance and operation costs, for the City of Round Rock, and WHEREAS, such Transportation Capital Improvement Program was duly approved by the Board of Directors of the RRTSDC on the 14th day of May, 1998, and WHEREAS, such Transportation Capital Improvement Program has been presented for consideration and adoption by the City Council, and WHEREAS, such Transportation Capital Improvement Program is attached hereto as • "Exhibit All, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Transportation Capital Improvement Program attached hereto as "Exhibit A' is adopted in all respects. 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 14th day of January 1999. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilwoman Chavez seconded the motion. • VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTI The motion carried unanimously. 14.A.2. Consider a resolution authorizingthe e Mayor to execute a contract with Municipal Pipe and Fabricating Co. for the purchase of meter boxes. Staff Resource Person: Jim Nuse,Public Works Director. Municipal Pipe and Fabricating Co. submitted the lowest and best bid for meter boxes at $56,490. Staff recommended award of the bid. Mayor Culpepper read the,following resolution. • RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase meter boxes, and WHEREAS, Municipal Pipe and Fabricating Co. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Municipal Pipe and Fabricating Co.,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 contract 82 January 14, 1999 with Municipal Pipe and Fabricating Co., for meter boxes, 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 14th day of January, 1999. 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.A.3. Consider a resolution authorizing the Mayor to accept the Minute Order 107707 • dated December 17, 1998 from the Texas Department of Transportation, concerning the reconstruction of U.S Highway 79 from County Road 195 to County Road 110. Staff Resource Person: Jim Nuse, Public Works Director. Tom Word said this is the formal action to accept the Minute Order,which authorizes the reconstruction of US Highway 79 to four lane divided facility. The Minute Order establishes the g Y Y City's responsibilities for the project. The provisions of this Minute Order would have the City funding the development of the plans for the project including the environmental studies and paying for 10% of the cost of any utility relocation which is the normal percentage. It would have the local government responsible for 100% for acquiring the right-of-way for the project. The City will be partnering with Williamson County for those portions of right-of-way that are • outside of the city limits as well as they have been working to acquire some of the right-of-way within the tract adjacent to the stadium. It would provide the City to pay 20% of the cost of construction and the State will pay for 90% of the reimbursable utility costs, 80% of the construction costs and all of the construction engineering. Staff recommended approval of the Minute Order. 83 January 14, 1999 In response to Councilman Hairston's question,Mr. Word said the estimated cost to the City is about$1.25 million. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Texas Transportation Commission Minute Order 107707 ("Order") • authorizes the Texas Department of Transportation to undertake and complete highway improvements generally described as the reconstruction of U.S. Highway 79 to a four-lane divided highway from County Road 195 to County Road 110, and WHEREAS, said highway improvements will facilitate traffic flow and mitigate congestion and will provide a better transportation facility for local residents and the traveling public, and WHEREAS, the City Council wishes to;,accept and approve the provisions of the Order, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby accepts and approves the provisions of the Order attached hereto and incorporated herein for all purposes. The Motion to approve the Order was made by and seconded by Councilmembers voting in favor of the motion were as follows: Those voting in opposition to the motion were as follows: 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 14th day of January, 1999. 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.A.4. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with C.C. Carlton Construction, Inc. for work associated with the Reclaimed Wastewater Pipeline Project at the Forest Creek Golf Course. Staff Resource Person: Jim Nuse,Public Works Director. This project is near completion and has a net change of $1,405.00. The changes include the deletion(credit) of self-fence, extension of drainage pipe, and additional improvements of control valve vault. Staff recommended approval of the Change Order. 84 January 14, 1999 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 construction of a reclaimed wastewater effluent line from the East Wastewater Treatment Plant to the Forest Creek Golf Course, 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 construction of a reclaimed wastewater effluent line from the East Wastewater Treatment Plant to the Forest Creek Golf Course. 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 14th day of January, 1999. 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.A.5. Consider a resolution authorizing the Mayor to execute a Change Order No. 2 with Psencik Construction Ltd. for work associated with the installation of backflow prevention devices of water interconnect points with Brushy Creek MUD. Staff Resource Person: Jim Nuse, Public Works Director. The change order describes proposed changes at the Fern Bluff and FM 620 interconnect sites. The Fern Bluff tank site was added after Brushy Creek MUD refused to • give the City access to the original contract site located inside their jurisdictional area. This relocation required extra work due to the existing piping layout inside the tank site. The second site, (FM 620), was relocated to ensure the backflow prevention devices remained in Round Rock's ETJ boundary. The relocation requires a larger vault and"hot"taps to complete the installation. The total for this change order is $23,242.00. The City has received$80,000.00 85 January 14, 1999 from the Southland Corporation for the installation of these devices. Staff recommended approval. Mayor Culpepper pointed out that Brushy Creek MUD "backed off' on the promise that if the City paid for the engineering to show that these were needed then they would go ahead and let the City put the devises on their property. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Psencik Construction Company, Inc. for the installation of backflow prevention devices at the interconnects between the City's water distribution system and the Brushy Creek MUD water distribution system, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 2,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. 2 to the Contract with Psencik Construction Company, Inc. for the installation of backflow prevention devices at the interconnects between the City's water distribution system and the Brushy Creek MUD water distribution system. 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 14th day of January 1999. 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. 14.A.6. Consider a resolution authorizing the Mayor to execute an engineering contract with S D Kallman Inc for the preparation of schematics, ght of way documents,flans, specifications, estimates, and contract documents for the reconstruction of Chisholm Trail from Wolle Lane north to IH 35. Staff Resource Person: Jim Nuse, Public Works Director. Two projects are planned for Chisholm Trail north. Staff is working with all the neighbors on both 8s January 14, 1999 sides of Chisholm Trail north as well as TexasCrushed Stine to the north to build the appropriate road and to improve the intersection. Staff will bring back an agreement with Baker- Aicklen&Associates, Inc. for the intersection portion. The engineering portion of the project will be $29,900 and staff recommended approval. In response to Councilwoman Chavez's question,Mr.Nuse said a turning lane was included in the intersection. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the preparation of schematics, right of way documents, plans, specifications, estimates, and contract documents for the reconstruction of Chisholm Trail from Wolle Lane north to IH 35, 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 services for the preparation of schematics, right of way documents, plans, specifications, estimates, and contract documents for the reconstruction of Chisholm Trail from Wolle Lane north to IH 35, 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 14th day of January, 1999. 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.B.1. Consider a resolution adopting the 1998-1999 Operating Budget for the Round Rock Transportation System Development Corporation Staff Resource Person: David Kautz, Finance Director. The budget provides funding for administrative, financial, legal and 87 January 14, 1999 t engineering services to the Corporation. The budget is funded from a 1/2% sales tax established for the purpose of providing transportation improvements. The Round Rock Transportation System Development Corporation adopts a Transportation Capital Improvement Plan for those improvements with the further approval of the City Council. The Transportation System • Development Corporation approved the following October 1, 1998 - September 30, 1999 Operating and Construction Budget for the Transportation System Development Corporation. Actual Proposed FY 1997-98 FY 1998-99 10/01 Beginning Fund Balance ry: $ 0 $ 2,220,339 Less Reserve for Working Capital (*1) $ (250,000) $ (100,000) Estimated Operating Revenue $3,034,135 $ 5,120,743 Transfers In $ 0 $ 3,100,000 Total Funds Available $2,784,135 $10,341,082 Budgeted Expenditures: Administration&Project Management $ (91,730) $ (128,973) • Construction and Maintenance (*2) $ (472,066) $(8,651,865) Transfers Out $ 0 $ 0 09/30 Estimated Unreserved Fund Balance $2,220,339 $1,560,244 *1 Working Capital established at$350,000 (minimum) over 2 years. *2 The Transportation Capital Improvement Projects (TCIP) are project-oriented rather than period-oriented and for this reason are not intended to be bound by formal budget control. However,because of the current nature of funding for these projects and the cash flow implications,the project expenditures have been estimated over two fiscal years. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation has • submitted a proposed operating budget 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 operating budget submitted by and for the Round Rock Transportation System Development Corporation 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 14th day of January, 1999. 88 January 14, 1999 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.B.2. Consider a resolution authorizing the Mayor to execute a real estate contract for the sale of Lot 29, Block A. Oak Bluff Estates. Staff Resource Person: David Kautz, Finance Director. This lot is owned by the City, and was acquired in the transfer of the Round Rock Water Supply Corp. assets to the City. The City has removed the water supply corporation • improvements to the property and made it suitable for use as a residential lot. Three bids were received out of 14 bid packages delivered. Staff recommended accepting the purchase offer from Mr. Harutunian of$22,500. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City is the owner of Lot 29, Block A, Oak Bluff Estates, acquired by the City in the transfer of the Round Rock Water Supply Corporation's assets to the City, and WHEREAS, the City desires to sell the property and has duly published notice for bids in a newspaper of general circulation in Williamson County to sell the property, and WHEREAS,Hagob Ardash Harutunian has submitted the best bid,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 Hagob Ardash Harutunian for the sale 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 14th day of January, 1999. CHARLES CULPEPPER, Mayor City of Round Rock, Texas 89 January 14, 1999 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 4,`. ACTION: The motion carried unanimously. 14.B.3. Consider a resolution authorizing the City Manager to issue a purchase order to Watson Distributing Co.. Inc. for the purchase of a fairway mowing unit. Staff Resource Person: David Kautz, Finance Director. The fairway-mowing unit is to be used to maintain the Forest Creek Golf Club and is funded in the golf course capital budget. Golf greens fees provide funds for the capital budget. Two bids for fairway mowing units were received. Watson • Distributing Co., Inc. submitted a bid of$26,805. for a Jacobsen mower. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for a fairway mowing unit, and WHEREAS, Watson Distributing Co., Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Watson Distributing Co., Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Watson Distributing Co., Inc. is hereby accepted as the lowest and best bid and the City Manager is hereby authorized and directed to issue a purchase order to Watson Distributing Co.,Inc. for a fairway mowing unit. 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 14th day of January, 1999. CHARLES ES CULrErrER, 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 90 January 14, 1999 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 agreement with Resource Management International, Inc. for consulting services associated with the cable franchise. Staff Resource Person: Bob Bennett, City Manager. Mr. Bennett noted that Marilyn Fox and Paul Smolen of RMI were present to explain how RMI can help the City during the renegotiations of the cable television franchise with Time Warner Cable. Ms. Fox explained that RMI provides regulatory support, engineering services and management consulting to local governments, school districts and public power providers. A step-by-step process will be developed that will provide the City with current information about the needs of all constituents and the community. A Community Needs Assessment will be conducted to determine whether customers are satisfied with current services provided by the cable operator and it will determine the future telecommunications needs of public, education • and government access to the system. RMI will review the existing documents, conduct a subscriber survey, conduct interviews with representatives of business, education, government and conduct focus groups. RMI will also examine historical compliance of the cable operator relative to the existing franchise agreement and assist in the evaluation of the cable operator assertions during the franchise negotiations. RMI will also determine the condition of the existing cable system and assess future cable system architecture to provide community needs. The consulting service fee is $40,000 which will cover the financial and technical services. In response to Mayor Culpepper's question, Ms. Fox said the City can ask to be reimbursed for the consultant fee and is solely negotiable but there is no statutory requirements • that the Cable Company has to reimburse the City. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City has a need for professional consulting services associated with the renegotiations of the cable television franchise with Time Warner Cable, and WHEREAS, Resource Management International, Inc. (RMI) has submitted an agreement to provide the needed services, and 91 January 14, 1999 WHEREAS, the City Council desires to enter into said agreement with Resource Management International, Inc. (RMI),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 Resource Management International, Inc. (RMI) for professional consulting .services associated with the renegotiations of the cable television franchise with Time Warner Cable, 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 14th day of January, 1999. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro-tem Stluka moved to approve the resolution. 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. 14.D.1. Consider a resolution concerning the Second Amendment of the Declaration of Covenants, Conditions and Restrictions for Encino Plaza. Staff Resource Person: Joe Vining, Planning Director. This amendment deletes the restrictions against overnight parking of campers, motor homes, mobile homes,boats,trailers, commercial trucks and heavy equipment for Lot three-A-3,Block`B"of Encino Plaza. This is the second amendment to the Second Amendment to the Declaration of Covenants, Conditions and Restrictions. Mayor Culpepper read the following resolution. RESOLUTION NO. • WHEREAS, the owners of certain real property known as Encino Plaza, a subdivision in Williamson County, Texas have submitted an Amended Declaration of Covenants, Conditions and Restrictions ("Amended Declaration"), and WHEREAS, said Amended Declaration deletes the restrictions against overnight parking of campers, motor homes, mobile homes,boats, trailers, commercial trucks and heavy equipment for Lots Three-A2 (3-A2) and Three-A3 (3-A3),Block`B"of Encino Plaza, and WHEREAS, the City Council wishes to approve said Amended Declaration, 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 Amended Declaration of Covenants, Conditions and Restrictions which deletes the restrictions 92 January 14, 1999 against overnight parking of campers, motor homes, mobile homes, boats, trailers, commercial trucks and heavy equipment for Lots Three-A2 (3-A2) and Three-A3 (3-A3), Block `B" of Encino Plaza, a copy of said Amended Declaration being attached hereto as an exhibit. 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 day of 14th day of January, 1999. • CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro-tem Stluka moved to approve the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • APPOINTMENTS: None DISBURSEMENTS: 16.A. Consider payment of$1,567.49 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$655.50 to C.C. Carlton Construction of Austin, Inc. for the Reclaimed Wastewater Pipeline. The current contract price is $342,505.00 and the project is funded from Wastewater System Construction Funds. 16.C. Consider payment of$167,580.00 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. 16.D. Consider payment of $80,755.20 to Chasco Contracting for the Downtown Drainage and Library Streets Improvements. The current contract price is $1,075,693.45 and the project is funded from 1996 General Obligation Bonds and 1998 General Obligation Bonds. u93 January 14, 1999 16.E. Consider payment of$118,750.00 to Cunningham Constructors &Associates, Inc. for the Disinfection Basin and Washwater Recovery Pump Station The current contract price is $1,994,800.00 and the project is funded from Water System Construction Funds. 16.F. Consider payment of$52.470.90 to ECO Resources, Inc for the Greenslopes • Subdivision Waterline Replacement Project. The current contract price is $356,401.00 and the project is funded from Water System Construction Funds (Blue Pipe Lawsuit Settlement). 16.G. Consider payment of $17,740.00 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. 16.H. Consider payment of$25,546.00 to Hayden Concrete Inc for the construction of a hike and bike trail in Creekmont West Park. The current contract price is $62,075.05 and the project is funded from 1996 and 1998 General Obligation Bonds. 16.I. Consider payment of$142.889.50 Landmark Structures, Inc. for the Water Storage Facilities in Chisholm Valley and High Country The current contract price is $2,776,000.00 and the project is funded from Water System Construction Funds. • 16.J. Consider payment of$17,794.92 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. 16.K. Consider payment of$63,680.00 to SetPoint Builders Inc for the Public Works Building Additions and Alterations Improvements. The current contract price is $535,540.00 and is funded by Self-Financed Construction. 16.L. Consider payment of$35.187.50 to Spencer Godfrey Architects for services associated with the design of the Clay Madsen Recreation Center. The current contract price is $317,915.00 and the project is funded by 1996 General Obligation Bonds. Mayor Pro-tem Stluka disclosed that he has a contractuaLarrangement with HDR • Engineering that is unrelated to City business. 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 94 January 14, 1999 Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITY MANAGER'S REPORT: Bob Bennett noted that copies of the Transportation Plan will be available in the Library. He added that a Special Called Council meeting needs to be held on January 20, 1999 at 6:00 p.m. to go over the lease agreement and financing of the Stadium. • COUNCIL COMMENTS: Mayor Pro-tem Stluka asked the community to remember in their thoughts and prayers the family of Richard Gibby who passed away on New Years Day. Mr. Gibby was the Head Band Director at Round Rock High School from 1980 to 1994 at which time he retired. Throughout his time Mr. Gibby touched the lives of many young High School Band Directors and a number of this City's youth who were in his band program including Mayor Pro-tem Stluka's son. Councilman Hairston reminded everyone of the Martin Luther King, Jr. celebration on Monday, January 18, 1999 starting at 3:30 p.m. Councilman Stewart congratulated Tom Word for a good job on the Transportation Master Plan. Councilwoman Chavez wished the City employees an enjoyable new holiday. Councilman Joseph welcomed the new Police Chief Paul Conner. He added that Nolan Ryan received a warm welcome as the Southwest Airlines dedicated one of their planes the Ryan Express. Councilman Joseph wished his parents a Happy 53`d Anniversary,which will be on . January 19t"the same day as his and his wife Bettie's anniversary. Mayor Culpepper announced that on February 3rd the Texas Rangers Baseball team will have their caravan coming to Old Settlers Park at Palm Valley for a luncheon and speakers. Mayor Culpepper recognized Rick Thompson who thanked the Council and staff for the good job they have done. • ADJOURNMENT: There being no further business, the meeting adjourned at 9:20 p.m. Respectfully Submitted, Joanne Land,Assistant City Manager/ City Secretary 95 January 20, 1999 The Round Rock City Council met in a Special Called Session on January 20, 1999 at 6:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro-tem Robert Stluka, Councilman 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. PRESENTATIONS: 3.A.1. Consider a presentation concerning the financing, design and Lease Agreement for the Round Rock Convention Center Complex Staff Resource Person: Bob Bennett, City Manager. Mr. Bennett said David Kautz will outline the financing of the Complex, Steve Sheets will outline the lease agreement and highlight major points and Reid Ryan will give a visual presentation on the architectural aspects of the stadium. David Kautz outlined the following: Project Financing SummarX • The City will purchase 40 acres of land upon which it will construct a Convention Center/Stadium Complex. Land Cost(40 acres at$20k/ac) $ 800,000 Estimated construction cost(including architect fees) 13,800,000 Total estimated project cost $14,600,000 Sources of Funds for the Project City provides cash to the project(from tax-exempt revenue bonds,backed by the Hotel Occupancy Tax) $ 7,275,000 RSR Sports provides cash to the project 7,325,000 (RSR will provide additional funds as required) Total Sources of Funds $14,600,000 To finance the City's contribution to the project staff will compose the issuance of Hotel Occupancy Tax Revenue Bonds. Sources of Funds Revenue Bonds,par value $8,440,000 *1 Interest earned on bond proceeds during construction 176;182 96 January 20, 1999 Total Sources of Funds $ 8,616,182 Uses of Funds Convention Center/Stadium Complex $ 7,275 000 Deposit to Capitalized Interest Fund 553,157 Deposit to Debt Service Reserve Fund 368,950 • Issuance and Other Costs 199,635 Underwriter's Discount 219,440 Total Uses of Funds $ 8,616,182 Mr. Kautz reiterated that the deposit to the Debt Service Reserve Fund is established as security for the payment of the bonds and remains in an invested fund throughout the life of the bond issuance until its maturity. Revenue Bond Terms Par Value (Stated Value of the Bonds) $8,440,000 Secured by Hotel Occupancy Tax 25 Year Maturity Tax-exempt bonds • Current market Interest Rate 5.75% Maximum Annual Debt Service $ 718,410 *1 Amount subject to minor cost adjustments and market fluctuations. In conclusion, Mr. Kautz explained how the funds, which would derive from the Hotel Occupancy Tax revenue stream, would actually be used. The Flow of Funds from the Hotel Occupancy Tax is as follows. • Hotel Occupancy Tax Revenue - The City receives this as the local hotels collect the tax in a quarterly basis. • Debt Service Requirements (as scheduled) - This is to make debt service payments to a debt service fund,which also includes the debt service reserve fund. w • Working Capital $125,000 - This is established from proceeds of the Hotel Occupancy Tax and that remains in tack through the term of the financing. It will be used to cover the City's cost as those costs are incurred in anticipation of receiving the quarterly Hotel Occupancy Taxes. 97 January 20, 1999 • Tourism Related Events $260,000 + - This is the current annual funding level. There is an opportunity under the Lease Agreement for this funding level to grow over time. • Capital Repair Work Account $250,000 - This will be used to make major Capital repairs to the facility. The City as the owner and lessor would be obligated to make these repairs and as funds are spent out of this account it would then be required to be • built up to it's cap of$250,000. • Capital Improvement Program Account $100,000/$500,000 - Funds are available up to $100,000 per year to be put into this account for a maximum of$500,000. This is available to the City if it desires to make enhancements or additions to the facility. • Any Lawful Purpose (remainder) - If any funds are left over in that particular period they can be used for any lawful purpose but they will be restricted to the Hotel Occupancy Tax Fund. Mr. Bennett said that the City's contribution, the cash to the project, is locked in at $7,275,000.00 and this figure will go no lower and will go no higher. In response to Councilman Hairston's question, Mr. Bennett said, "RSR did give the City the • money to purchase the land and that has not changed and is reflected in the $800,000 contribution under the Project Financing Summary." Steve Sheets outlined the Lease Agreement and explained specific points of the document. Some of those points were: • The lease is for 25 full baseball seasons. If for some reason the stadium is not completed in time to have a full season next year then the first year will not be counted. • • The level of contribution from the team was increased to $7,325,000 so the City can afford to do without rent payments and allows the City to do tax exempt financing. • The permitted uses fora "convention center complex" as defined by §351.001 of the Texas Tax Code shall include the conducting of conventions, meetings, trade shows, exhibitions, concerts, public entertainment events, professional minor league baseball games (including radio and television broadcasting [or other transmission]of the same), other baseball games and sporting events, and other similar functions that will encourage tourism in the City of Round Rock and/or promote the arts. 98 January 20, 1999 • The lessee has the right and option to extend the term of the lease for one additional extended period of ten (10) years, at fair market rent if the Council agrees, upon receipt of a written notice to the Ci on or before September 30 2023 which is two City p , years before the lease would expire. The notice would state the intent to exercise the option p n and an opinion of the bond counsel for the City that the extension of the lease • will not adversely affect the tax exempt status of any debt issued related to the Convention Center. • Any permanent improvements that are done to the facility even if the lessee paid for them belong to the City at the termination of the lease. • The lessee is responsible for paying taxes and other charges that has to do with the operation and maintenance of the facility. • The Lessee agrees to operate and maintain the Leased Premises throughout the Term in a condition necessary to conduct the permitted uses described in Section 3.5. • If the City, some time in the future, should decide to construct another Convention Center then RSR will have the right of first refusal to 'manage it. That is if there is someone else that wants to manage the facility RSR has the right to manage it under • the same terms that they have agreed to but if the other entity offers the City a better deal and RSR says they can't do it for that then the City can use the other Management Company. The City's golf course does not apply to the right of first refusal. • The Lessee agrees to provide annually a budget on the proposed Capital Improvement Work and Capital Repair Work: • The Lessee shall provide and install, at its cost and expense, a double-A minor league quality scoreboard at the Convention Center. At the expiration of this Lease, the scoreboard shall become the property of the City. • The City shall be entitled to use the Leased Premises up to twenty (20) dates per year for the conduct of City sponsored programs. The City shall be responsible for all costs of operating the Convention Center for such event and for all damage caused, janitorial, security, traffic control and other services needed. The City shall be entitled to use the meeting facilities in the Convention Center as its sole cost and expense on 99 January 20, 1999 an as available basis. • All municipal sales taxes arising from ticket sales for taxable amusement services at the Convention Center are to be allocated to the City even if they are not sold in the City. All telephone solicitations and sales will be made in a manner, which permits • the City to collect the sales taxes generated and the Lessee shall in good faith attempt to do so in a manner which permits the City to collect the sales taxes generated. • The Lessee agrees that during the Term of the Lease that it will ensure that a professional baseball team uses the Leased Premises for all of its home games. The team will be either a Double-A or triple-A team or reasonable equivalent. All home games during the Term shall be played at the Leased Premises. If the Lessee shall lose or relinquish its baseball franchise, league affiliation, or player development contract, the Lessee shall continue to be obligated to field a team sanctioned by a Sanctioning Association at the Leased Premises. Failure to provide said team will be considered as an event of default. • The Lessee shall cause the Concession Improvement to be constructed at Lessees sole • cost and expense. • The General Commercial Liability has a $1,000,000 policy and in addition to this there is an Umbrella Excess Liability Policy for$5,000,000. • Prior to December 31, 2007,Nolan Ryan shall not assign, sell, transfer, or convey any of his interest in the Lessee without the prior written consent of the City, which consent may be granted or withheld in the City's sole judgement; provided however that the consent of the City shall not be required for Nolan Ryan to assign, sell, transfer, or convey any of his interest to Don Sanders, Reid Ryan, or any trust created by Nolan Ryan for his benefit or the benefit of any of his family members. • Events of Default are addressed in the Lease Agreement and the remedy for default is that the lease is terminated and the City will have a facility that is paid for and be free to lease it to someone else. Nowhere in the document is the City dependent on lease payments to make the debt service payment. • This lease is not valid until the Lessee executes and delivers to the City that one certain Master Agreement Regarding Convention Center Complex Development in 100 January 20, 1999 the form and substance acceptable to the City and Lessee and that the Debt Plan as defined in the Master Agreement be approved by the City and Lessee. • It is the intention of the parties that the Agreements comply with the provisions of Chapter 351 of the Tax Code, as amended, and in the event of a conflict between the applicable provisions of the Tax Code and the Agreements, Chapter 351 of the Tax • Code shall govern. Additionally, if any conflict exists between the Agreements and the Bond Documents, the Bond Document shall govern. In conclusion, Mr. Sheets said Exhibit "A" is an attempt to describe the 40 acres as best as possible at this point in time. The closing on the 88-acre tract is scheduled to occur January 27, 1999. After the architects help determine the exact location of the stadium, the 40 acres will be surveyed and a metes and bounds description will be substituted in Exhibit"A". Reid Ryan used the architectural drawings provided-by HKS to describe each area of the Convention Center Complex. RESOLUTIONS: 4.A.1. Consider a resolution authorizing the Mayor to execute a Convention Center Complex Lease Agreement. Staff Resource Person: Bob Bennett City Manager. er. • Councilman Hairston made the following statement, "I had a great deal of concerns about this particular project. What staff has presented to me is a better agreement between the public and the private firm RSR, Inc. I like the fact that we are receiving on RSR's part a little over $7 million up front in the construction of the stadium. Also, RSR was very generous in providing funds to purchase the land. I also like the fact that'Chapter 351 basically is setting the tempo as well as the bond document in case there are any conflicts. We have a lease agreement for 25 years. I see this project as enhancing the quality of life in Round Rock. It's not so much to me an economic development project but I believe it will enhance the quality of life here in Round Rock. After looking over other stadium deals that occurred throughout the country basically this is one of the better ones. Local facilities have been known to pay anywhere from 75-90% of the • construction cost. I could only find one other perhaps city in the United States where the private participant participated for more than 50% of the cost but usually localities bare the brunt of the cost. The risk has been minimized to the City so I believe that the 4 or 5 months that we spent going over this we have come up with a better deal. A better deal for Round Rock and a better 101 January 20, 1999 deal for RSR, Inc." Mayor Culpepper thanked all of the staff that was involved with this project. He added, "I knew as I said from day one; if Nolan Ryan couldn't bring professional baseball to Central Texas, nobody could. He has a lot of help on the other side at the Express organization which is • first class, and as the citizens get to know them,they are going to appreciate that too." Mr. Bennett thanked the Council for giving staff very specific negotiating instructions. Councilman Hairston asked that a tape of this meeting be placed in the Public Library.for the residents to review. Mayor Culpepper read the following resolution. i RESOLUTION NO. WHEREAS, RSR Sports, Inc. ("RSR") has purchased the controlling interest in the Jackson Generals Double A Texas League baseball team and has expressed its desire to relocate the team to the City of Round Rock("City"), and WHEREAS, the City has a need for a convention center complex to hold conventions, meetings, trade shows, exhibitions, concerts, sporting events, and similar functions, and WHEREAS, the City has contracted to purchase a tract of land suitable for a convention center complex, and with the financial assistance of RSR, is in the process of designing a convention center complex which will meet the needs of the City, and WHEREAS, the City desires to lease to RSR, and RSR desires to lease from the City, the • convention center complex, subject to and upon the terms and conditions set forth in the Convention Center Complex Lease Agreement which is attached hereto as Exhibit "A", 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 the Convention Center Complex Lease Agreement, a copy of which is attached hereto as "Exhibit A", said Lease Agreement subject to minor modifications approved by the City Manager and the City Attorney. 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 20th day of January 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary • MOTION: Mayor Pro-tem Stluka 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 102 January 20, 1999 Noes: None ACTION: The motion carried unanimously. Bob Bennett introduced Paul Conner, the new Round Rock Chief of Police and his wife Ann. Mr. Conner said, "It is a great honor to be selected as your Chief of Police and it is a very • exciting time for me and my wife to be here in Round Rock." He added that he knows that he has a great challenge to make sure the high standards of quality of life in Round Rock is maintained. ADJOURNMENT: There being no further business, the meeting adjourned at 7:29 p.m. Respectfully Submitted, Joanne Land,Assistant City Manager/ City Secretary • 103 January 28, 1999 The Round Rock City Council met in Regular Session on Thursday, January 28,1999 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 Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Councilman Earl M. Hairston was out of town attending an Army Reserve Training Exercise. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: Regular Session January 14. 1999 MOTION: Councilman Joseph moved to approve the minutes as submitted. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None • Absent: Councilman Hairston ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Christal Finke, 2609 Oakmeadow Drive, expressed her concern with the statements contained in a recent newspaper article concerning the Mayor's request for an opinion from the Ethics Review Commission. She said that Mayor Culpepper and Steve Sheets referred to Councilman Joseph and El Matador in the article. She said, "On behalf of El Matador Restaurant and the Joseph family we do not appreciate you lumping Jimmy into your category. The Round Rock Express ate in our restaurant but by no means did they spend near $500. We never catered anything for the Round Rock Express nor did we hold their victory party. Therefore, Councilman • Joseph never needed to have the Ryan's disclose any business transactions because he did not break the City ordinance. So in the future when you, Mr. Mayor, and you, Mr. Sheets are being interviewed by the media do not try to ruin Jimmy's name, his good honest name. Unlike you he's done nothing wrong." Beth Carlile, 2612 Sinclair, said she lives in the Blessing Mobile Home area and the residents still have water and sewer problems and would still like for the City to come in and help them out: She added that the La Frontera development and her property will have a common fence. 104 January 28, 1999 She complimented the developer for working with the Blessing Mobile Homes neighborhood and Chisholm Valley Subdivision. In response to the previous speaker, Ms. Carlile expressed her support for Mayor Culpepper and concluded, "Mayor Culpepper you have done a good job and I don't think you deserve what is happening to you." • Ms. Carlile also expressed her concern that there is not a number a citizen can call if there are technical difficulties during the airing of the Council meeting. She added that McNeil Road at County Road 172 needs re-stripping. Mr. Bennett said the re-stripping will be taken care of and the television equipment in the Council Chamber is antiquated and the Council is looking at budgeting some money to upgrade not only the sound but the picture. PROCLAMATIONS: None PRESENTATIONS: 7.A.1. Consider a presentation concerning the City of Round Rock election precincts. Staff Resource Person: Joanne Land, Assistant City Manager. Ms. Land noted that the City of Round Rock will conduct a City election on May 1, 1999 for the purpose of electing the Mayor, Council, Place 1 and Council, Place 4. For the last severaltY ears, the Ci and the Round Rock • Y Independent School District have contracted with the Williamson County Election Administrator to conduct our annual elections. Voting precincts approved by Williamson and Travis Counties and located within the City have been combined for the purposes of voting. City staff, the County and School District determined that the growth in population within the City has caused the usual polling places for the combined precincts to have an excessive number of voters. Staff recommended that three (3) additional City polling places be created which will make the City's total number of polling places five (5). This will make the polling places more readily,accessible to voters and reduce the number of voters required to be accommodated at each polling place. Ms. Land added that there are approximately 30,000 registered voters in the City thus • making about 6,000 registered voters per City/School polling place. If 10% of the registered voters vote, that is about 600 voters per polling place,which is well within what has been seen in the past. When determining the polling places staff tried to keep each polling place at one that had been established by the County. Staff recommended the following precincts and locations. 105 January 28, 1999 City Precinct No 1 will combine three (3) County precincts and will vote at Robertson Elementary. City Precinct No. 2 will combine three (3) Williamson County precincts and one (1) Travis County precinct and will vote at Gattis Elementary. City Precinct No. 3 will combine three (3) County precincts and will vote at First Baptist • Church. City Precinct No. 4 will combine three (3) County precincts and will vote at Round Rock High School. r, City Precinct No. 5 will combine three (3) Williamson County precincts and one (1) Travis County precincts and will vote at Bluebonnet Elementary instead of Chisholm Valley Middle School. Ms. Land noted that Councilman Hairston had some concerns about the locations of the polling places on the east side of the City. Staff discussed Councilman Hairston's concern with John Willingham, the Elections Administrator. Mr. Willingham looked at Bluebonnet Elementary and determined that it was a better location than Chisholm Valley Middle School for • the fifth City and School precinct. Ms. Land concluded that additional cost of the extra three polling places will be less than $3,700. $1,500 for Election Day costs directly related to the election and approximately $2,200 is for voter notification because staff wants a personalized letter sent to each registered voter to explain why the need for additional City precincts and their locations. The School Board approved these locations on January 21, 1999. Staff will bring this back for Council consideration and action at the February 11, 1999 meeting. Councilman Stewart asked staff to make sure that the School Board acts on the change in location for Precinct No. 5 from Chisholm Valley Middle School to Bluebonnet Elementary. PUBLIC HEARINGS: • 8 A 1 Consider public testimony to adopt original zoning of PUD (Planned Unit i Development) on 59.8330 acres of land. (Robinson Ranch) Staff Resource Person: Joe Vining, Planning Director. This tract is located north and west of Round Rock Hospital. Plans for this area include a Medical Center and the extension of Park Valley Drive to Oakwood Boulevard. The zoning for this tract is PUD, which will form the basis of new development in that area that willcomplimentthe Hospital. The ,proposed PUD prohibits certain C-1 uses on Tract 1 and I!, ! fZk .. 106 January 28, 1999 allows for residential and office uses on Tract 2. The agreement also sets out density, setback and height requirements to address compatibility issues with the adjacent single family development. Applicant: Alfred H. Robinson, III. Agent: Melissa Miller. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. • 8.A.2. Consider public testimony to adopt original zoning of District SF-2 (Single Family-Standard Lot) on 136.06 acres of land. (Preserve at Stone Oak Subdivision) Staff Resource Person: Joe Vining, Planning Director. This is the remaining acreage of the Stone Oak development on FM1431. The recently approved Preserve at Stone Oak preliminary plan confirmed the SF-2 zoning on the remaining 136 acres. Applicant: Continental Homes of Texas, L.P. Agent: Ken Blaker. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 8.A.3. Consider public testimony to rezone 54.079 acres from SF-2 (Single Family- Standard Lotto C-1 General Commercial). (Warner Tract). Staff Resource Person: Joe Vining, Planning Director. This tract is located at the intersection of US79 and FM1460 and was • originally zoned residential in the mid-80's. Due to the recent developments on US79 the owners have requested a zoning change to C-1 (General Commercial). Staff concurred with the request and the owners are working with staff on the establishment of the right-of-way for Arterial `B". Applicant: Alienn Warner. Agent: Stendebach&Associates. In response to Councilwoman Chavez's question, Mr. Vining said that there is a place for flexibility in the placement of Arterial `B" south of US79 because there are a lot of things that need to be determined south of US79. Most importantly the crossing of the railroad track which is a major element on the location of the arterial. Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. • 8.A.4. Consider public testimony to rezone 5.84 acres from 1-1 (Industrial) to C-1 (General Commercial). (City Centre Business Park) Staff Resource Person: Joe Vining, Planning Director. This rezoning is for a tract of land north of McNeil Road on the Interstate. This parcel is surrounded by C-1 zoning and is identified by the General Plan as a commercial tract. Applicant: First American Bank. Agent: Ted Simpson. ,a 107 January 28, 1999 Mayor Culpepper opened the public hearing. There being no public testimony, the public hearing was closed. 8.A.5. Consider public testimony to adopt original zoning of District C-1 on 4.9945 acres of land. (Ramtron). Staff Resource Person: Joe Vining, Planning Director. This tract is • located on the southside of Louis Henna Boulevard. This tract of land was previously disannexed due to serviceability issues. Under new ownership it is being reannexed and the original C-1 zoning is being restored. Applicant: Phillip Gaillard, Ramtron,Inc. Agent: Jim Stendebach. 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 (Involuntary) (Second 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. According to annexation regulations, this ordinance must be adopted within 90 days of the first reading, which • was November 12, 1998. Applicant: Alfred H. Robinson, III. 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. 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 RESOLUTONS. MOTION: Councilman;Palmer moved to adopt the ordinance. Mayor Pro-tem Stluka • seconded the motion. I VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None °�y Absent: Councilman Hairston 108 January 28, 1999 ACTION: The motion carried unanimously. 9.A.2. Consider an ordinance adopting original zoning of PUD (Planned Unit Development) on 59.8330 acres of land. (Robinson Ranch) (First Reading) . Staff Resource Person: Joe Vining, Planning Director. Mr. Vining outlined the Permitted and Prohibited Uses in Exhibit"C" and the standards for the permitted uses for Tract Two. • Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. i 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 59.8330 ACRES OF LAND OUT OF THE J. M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD)NO. 35. MOTION: Mayor Pro-tem Stluka moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph • Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem Stluka moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. 9.A.3. Consider an ordinance annexing 187.8382 acres of land out of the JM Harrell Survey, A-284 (Kouri Tract). (Voluntary) (First Reading) Staff Resource Person: Joe Vining, Planning Director. The two required public hearings concerning this annexation were held on December 21 and 22, 1998. This is the remainder of the Kouri Tract that is being annexed to complete the land acquisition process for the proposed La Frontera development. Staff 109 January 28, 1999 recommended approval of the first reading only to allow additional time to complete the details of the PUD document for this tract. The second reading of the ordinance will be considered at the same time the zoning is brought before the Council on March 11, 1999. Applicant: 35/45 Investors, L.P. Agent: W.S. Smalling. • 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: 187.8382 ACRES OF LAND OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 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 Stewart moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. 9.A.4. Consider an ordinance annexing 101.26 acres of land out of the J M Harrell Survey, A-284 (Neuman Tract). (Voluntary) (First Reading) Staff Resource Person: Joe Vining, Planning Director. Staff presented a substitute agenda item and ordinance for this item, which changes the caption to 56.830 acres. The 101.26 acres reflect what was originally posted for the public hearing because staff did not have the final field notes on the tract that reflected Austin's portion of the tract. The two required public hearings concerning this annexation were held on • December 21 and 22, 1998. This tract is contiguous to the Kouri Tract and is being annexed to complete the land acquisition process for the proposed La -Frontera development. Staff recommended approval of the first reading only and the second reading will be considered at the same time the zoning is considered. Applicant: Cecil Neuman. Agent: W.S. Smalling. Mayor Culpepper read the caption of the ordinance. 110 January 28, 1999 ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 56.830 ACRES OF LAND OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 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: Mayor Pro-tem Stluka moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. 9.A.5. Consider an ordinance annexing 4.9945 acres of land out of the Socrates Darling • Survey No 102 Survey, A-232. and the Memucan Hunt Survey, A-2713, Travis Courtly. Texas and the Memucan Hunt Survey, A-314 Williamson County, Texas. (Ramtron Subdivision). (Voluntary) (First Reading) Staff Resource Person: Joe Vining, Planning Director. The two required public hearings concerning this annexation were held on December 21 and 22, 1998. This land is being annexed to be eligible for city,services for future commercial development. Applicant: Phillip Gaillard, Ramtron, Inc. Agent: Jim Stendebach. 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: 4.9945 ACRES OF LAND OUT OF THE SOCRATES DARLING SURVEY NO. 102, ABSTRACT NO. 232, AND THE MEMUCAN • HUNT SURVEY, ABSTRACT NO. 2713, IN TRAVIS COUNTY, AND THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, 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. January 28, 1999 MOTION: Mayor Pro-tem Stluka moved to adopt the ordinance. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez • Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. MOTION: Councilman Stewart moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston • ACTION: The motion carried unanimously. 9.A.6. Consider an ordinance adopting original zoning of District C-1 (General Commercial) on 4.9945 acres of land. (Ramtron).(First Reading) Staff Resource Person: Joe Vining, Planning Director. Applicant: Phillip Gaillard, Ramtron, Inc. Agent: Jim Stendebach. A public hearing was held earlier in the meeting on this item. 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 4.9945 ACRES OF LAND OUT OF THE SOCRATES DARLING SURVEY NO..:,:102, ABSTRACT NO. 232, AND THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 2713, IN TRAVIS COUNTY, AND • THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Councilman Stewart moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez t 112 January 28, 1999 Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem Stluka moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilwoman • Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. 9.A.7. Consider an ordinance adopting original zoning of District SF-2 (Single Family- Standard Lot) on 136.06 acres of land. (Preserve at Stone Oak Subdivision). (First Reading) Staff Resource Person: Joe Vining, Planning Director. Applicant: Continental Homes of Texas, L.P. Agent: Ken Blaker. A public hearing was held earlier in the meeting on this item. • g p g g 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 136.06 ACRES OF LAND OUT OF THE EPHR.AIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF-2 (SINGLE FAMILY- STANDARD LOT). MOTION: Councilman Stewart moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. 113 January 28, 1999 MOTION: Mayor Pro-tem Stluka 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 Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. 9.A.8. Consider an ordinance rezoning 54.079 acres from SF-2 (Single Family-Standard Lot) to C-1 General Commercial). Warner Traci) (First Reading) Staff Resource Person: Joe Vining, Planning Director. Applicant: Alienn Warner. Agent: Stendebach & Associates. This will rezone this tract from District SF-2 (Single Family-Standard Lot) to District C-1 (General Commercial). A public hearing was held earlier in the meeting on this item. 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 54.079 ACRES OF LAND SITUATED IN THE P. A. HOLDER SURVEY,ABSTRACT NO. 297, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY- STANDARD LOT)TO DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Councilman Stewart moved to adopt the ordinance. Mayor Pro-tem seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph- Mayor Culpepper Noes: None i Absent: Councilman Hairston 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. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart 114 January 28, 1999 Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. 9.A.9. Consider an ordinance rezoning 5.84 acres from I-1 (Industrial) to C-1 (General Commercial). (Gifu Centre Business Park L(First Reading) Staff Resource Person: Joe Vining, Planning Director. Applicant: First American Bank. Agent: Ted Simpson. This will rezone this tract from District I-1 (Industrial) to District C-1 (General Commercial). A public hearing was held earlier in the meeting on this item. 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 5.84 ACRES OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT I-1 (GENERAL INDUSTRIAL) TO DISTRICT C-1 (GENERAL COMMERCIAL). • MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem Stluka moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Palmer seconded the motion. • VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. 115 January 28, 1999 RESOLUTIONS: 10.A.1.Consider a resolution authorizing the Mayor to execute a contract with Easter Seals—Central Texas. Staff Resource Person: Joe Vining, Planning Director. This contract is for vacant lot clearing. Applicant: Easter Seals-Central Texas. Agent: Shawn Miller. • Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS,the City of Round Rock has a need for vacant lot clearing, and WHEREAS, pursuant to Section 252.022(a)(13) of the Local Government Code, bids were not required, and WHEREAS, Easter Seals - Central Texas has submitted a State Use Contract to provide said lot clearing, and WHEREAS, the City Council wishes to enter into said contract with Easter Seals - Central Texas,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 State Use Contract with Easter Seals - Central Texas for vacant lot clearing, 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 28th day of January, 1999. • 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 Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. • I O.B.1.Consider a resolution authorizing the Mayor to execute a contract for site grading work at Lake Creek Park. Staff Resource Person: Sharon Prete, Parks and Recreation Director. This item was withdrawn from the agenda. IOC.l. Consider a resolution authorizing the Mayor to execute Contract Change Order No. 2 to Chasco Contracting for the Downtown Storm Drainage and Street Improvement Project "'' StaffFResource Person: Jim Nuse, Public Works Director. The first phase of work the contractor 116 January 28, 1999 pursued on the project was the exploration for existing utilities and other features, which may be in conflict with the planned improvements. This change order will provide for changes and adjustments to the planned construction based on the information gathered by the explorations and for providing additional parking on Lampasas Street south of Liberty Street. This change order in the amount of$46,985.75 will make the current contract amount $1,149.879.20. This • change 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 Downtown Storm Drainage and Street Improvement Project, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 2,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. 2 to the Contract with Chasco Contracting, Inc. for Downtown Storm Drainage and Street Improvement 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 28th day of January, 1999. 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 Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None • Absent: Councilman Hairston ACTION: The motion carried unanimously. APPOINTMENTS: None DISBURSEMENTS: 117 January 28, 1999 11A. Consider payment of$6,007.50 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.B. Consider payment of$15,760.00 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. MOTION: Councilman Stewart moved to approve the disbursements. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Hairston ACTION: The motion carried unanimously. CITY MANAGER'S REPORT: None • COUNCIL COMMENTS: Councilwoman Chavez voiced her support for Mayor Culpepper. Councilman Joseph stated he had been out of town on vacation and returned to learn of the Mayor's request for an Ethics Commission opinion. He voiced his disappointment that the Mayor had used El Matador as an example. Mayor Culpepper said, "No harm was intended and I'm sorry you took it that way." ADJOURNMENT: There being no further business,the meeting adjourned at 7:34 p.m. Respectfully Submitted, ( ��� 104140(� • Joanne Land,Assistant City Manager/ City Secretary y.. 118 February 11, 1999 The Round Rock City Council met in Regular Session on Thursday, February 11, 1999 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 Councilmani • J mmy 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 January 20 1999 and Regular Session January 28, 1999 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. SWEAR IN NEWLY APPOINTED CHIEF OF POLICE Paul N. Conner was sworn in as Chief of Police by Judge John R. Carter. Chief Conner made the following statement. "Thank you, What an honor it is to have been selected as Chief of Police for the City of Round Rock. I want to thank the selection committee and, especially, our City Manager Bob Bennett who had the faith and confidence in me to select me as your Chief of Police and, of course, I would be remise if I did not mention the dedicated men and women of the Round Rock Police Department who are represented in numbers here this evening. I can tell you over the past four days that I have been here, even in the short time, with my 27 years in law enforcement, I have never seen a more dedicated and talented group of men and women that serve their community than the men and women that are exemplified here tonight that represent • the City of Round Rock. In these last 4 days they have opened up their arms and their families to me and I can not tell you how it made me feel to be able to come into,this family and be a member and realize that with all the challenges that are going to be facing us in the future with the growth of this community, that nowhere, is there a more talented group of people and enthusiastic that are just dying to work together to build this department and to continue to build 119 February 11, 1999 these bonds with the community, than the men and women of the Round Rock Police Department. I can't tell you how excited I am to get started and I know that they are too and to continue this. Again, I want thank you and to especially the family that I am now a part of and able to represent." CITIZENS COMMUNICATIONS: • Beth Carlile 2612 Sinclair, congratulated Mayor Culpepper on the ruling that was given by the Ethics Review Commission. Ms. Carlile thanked Councilwoman Chavez for her dedicated service and added the citizens are behind her 100%. Ms. Carlile requested that the Council contact the local newspapers and have them publish a list of telephone numbers and addresses of the City's State Representatives and Senators so that everyone can try to get this law changed because if her check was not coming from the State of Texas she would not have known she was a State employee. She added that this law (schoolteachers as State employees cannot accept payment for serving as a Councilmember)will limit the people that will serve the community. Posey McClung, 1603 Karen Cove, and Barbara Houts, 1708 Hermitage, spoke on Daffodil Days. Ms. McClung introduced members of the Senior Citizens Foundation Barbara • Houts, Ruth Koughan, Rick Thompson and Beth Carlile. Ms. McClung added that Councilman Stewart is also a member of the Foundation. Ms. McClung announced that the 4th Annual Daffodil Days will be March 6th. Activities will be held at the Senior Center and proceeds will benefit the programs for the seniors. In conclusion, Ms. McClung said the seniors are selling 4 coverlets in blue, green and cranberry for $45. The coverlets have prominent places of Round Rock. Proceeds from the coverlet will go toward the purchase of a van for the Senior Center. PROCLAMATIONS: I.A. Consider a proclamation proclaiming February 14-20 1999 Career and Technology Education Week. Mayor Culpepper read the appropriate proclamation and presented,it to Linda Kelley. Ms. Kelley introduced teachers that were present and students from the area schools that • were present introduced themselves to the Council. PRESENTATIONS: 8.A.1. Consider a presentation concerning the proposed revision of the Water and Wastewater Impact Fees. Staff Resource Person: Jim Nuse,Public Works Department. Mr.Nuse highlighted portions of the Land Use Assumptions Relating to the Possible Adoption of Impact Fees document that was provided to the Council. He noted that the projections used for the Transportation Master Plan were used for determining the ten-year population projections for 120 February 11, 1999 this report. The area currently being served is 65 square miles. The Brushy Creek MUD as of October 1998 has 3,185 connections onto the system and Fern Bluff has 615 active connections. The document shows how the different land uses are used and it explains the living unit equivalent breakdown. Mayor Pro-tem Stluka asked if the figures will change since we are currently in the pg p process of reviewing the General Land Use Plan. Nuse responded that the study will be renewed • every three years so any adoptions that were conducted during that period will be reflected. Mr.Nuse outlined the ten-year period for Table 1 Water Population and LUE Calculations and the ten-year period in Table 2 Wastewater Population and LUE Calculations. The document includes Water Improvements that include five(5)major projects that are universal to the system. Those are: Project No. 1: Excess capacity in recently expanded Water Treatment Plant utilized in 10 year study period(years 1998 through 2008). Project No. 2: Portion of capacity to be used in the 10 year study period for a future 11 MGD Water Treatment Plat expansion. Project No. 3: Excess Capacity in recently constructed 30"raw water line#2 utilized in • 10 year study period. Project No. 4: Capacity required in future 42"raw water line to Lake Stillhouse Hollow utilized in 10 year study period. Project No. 5: Portion of capacity to be used in the 10 year study period for two 1.25 million gallon(mg) and one .5 mg elevated water storage tanks and related improvements. Total actual and estimated cost of Water Treatment, Transmission,Pumping and Storage Facilities for a 10 year growth period(years 1998 through 2008): Project No. Actual or Estimated Cost 1 $4,577,775.00 2 $11,074,960.00 3 $2,503,161.00 • 4 $3,720,915.00 5 $44,299,724.00 Total $26,176,535.00 Mr. Nuse outlined the Table 5 which is the 10 Year BRA/LCRA Estimated Cost Allocation to City of Round Rock and the calculation of the impact fee for wastewater. Wastewater Collection $ 387.68 per LUE ;1 121 February 11, 1999 Wastewater Treatment $1,987.39 per LUE Total Wastewater Impact Fee $2,375.07 per LUE The maximum potential impact fees that the City will be able to charge for one LUE (Living Unit Equivalent) for water the study has shown$3,482.3 land for wastewater$2,375.07 for a total maximum potential of$5,857.38. • In conclusion Mr.Nuse said that thep rocess that is followed is very strict in order to adopt the fees. This presentation of the overall fee is the first step in the process. Staff is not recommending any levels of assessing fees at this time but merely informing Council of the first cut of the report and to be aware of the schedule to adopt the fees. The proposed Impact Fee Review Schedule for the Consolidation of Land Use Assumptions and Capital Improvements Plan is: 3/10/99 Advisory Committee Work Session on Land Use Assumptions 3/11/99 Council sets Public Hearing date,time and place 3/31/99 Advisory Committee Work Session on Capital Improvements (Special Called Joint Planning and Zoning Commission/CIAC to held on regular Planning and Zoning Commission meeting date) • 4/08/99 1st notice of public hearing published in Round Rock Leader(39 days before hearing) 4/15/99 2nd notice of public hearing published in Round Rock Leader 4/22/99 3rd notice of public hearing published in Round Rock Leader 5/05/99 Advisory Committee holds public hearing (regular meeting date for Planning and Zoning Commission) . 5/17/99 Advisory Committee written comments due to City Council(before the 5th business day of public hearing) 5/27/99 Public Hearing and first reading of the ordinance by the City Council 6/10/99 Second reading of the ordinance by the City Council In response to Mayor Pro-tem Stluka's question,Mr. Nuse said the current fees are water is $1,345.00 and wastewater is $1,,250.00 for a combined total.of$2,595.00. • In response to Councilman Joseph's question,Mr. Nuse said that builders and other members of the community will be contacted for input in addition to the required notification process. In response to Councilman Hairston's question,Mr.Nuse said there have been no increases since the original adoption of the impact fees in 1987. He added that the whole building community is very sensitive to anything that increases their cost because they feel that : f 122 February 11, 1999 any increase in the cost of providing the housing will knock a certain amount of people out of the market so there is a lot of sensitivity especially in the home building side of it. Mayor Culpepper asked Mr.Nuse to provide the Council with the impact fees for the surrounding cities for single family only. Councilman Hairston asked Mr.Nuse to put in context the additional fees a builder has to pay to see how competitive we are. • Mayor Culpepper added that when an individual takes out a building permit to build a single family home what do they have to pay. 8.A.2. Consider a presentation concerning an agreement with R. W. Harden& Associates, Inc. for groundwater exploration. Staff Resource Person: Jim Nuse, Public Works Director. This agreement is to conduct a ground water exploration program for the City. The program will attempt to locate favorable sites for production water wells in the Edwards Aquifer on property the City provides. Harden&Associates will provide professional services and subcontract the drilling itself under this agreement. This is a$300,000 contract and that is to conduct a complete exploration. Mr. Harden reported that R.W. Harden&Associates are groundwater specialists. The • purpose of the exploration is to seek added well sites, to increase normal capacity, to help meet summer demands and to lower the overall wholesale water costs to the City. The program details and estimated cost for drilling and pumping is $220,000. If the entire program was done, the program will include up to about 30 test holes,up to 7 special tests to evaluate the test holes and up to about 3 larger pumping tests that may be needed if they find successful sites. Each of the individual components is variable in their amounts depending on what kind of conditions are encountered at each test hole site. The cost for professional services is $80,000. This includes the design and testing during the program, coordination with the City, sampling and laboratory work quality, evaluations periodically during the program and recommendations on the well design for any successful test holes that can be made into moderate or large capacity production wells. This totals up to $300,000 depending largely on the number of test holes and the number of tests. • 8.A.3. Consider a presentation concerning an Interlocal Agreement with WCID for the participation in drainage study. Staff Resource Person: Jim Nuse,Public Works Director. The upper Brushy Creek Water Control and Improvement District of Williamson and Milam Counties is charged with generating 46 flood control structures. Several of these dams have been determined to be hydologically inadequate by the Corp of Engineers. The WCID does not have sufficient funds to upgrade these dams and is undertaking a study to determine the costs of ' 123 k February 11, 1999 improvements. Freese and Nichols, an engineering firm,has been chosen to study the dams and prepare a preliminary study that will be the frame work for a Capital Improvement Program. The financial requirements of the Capital Improvement Program will be presented to the voters of the upper Brushy Creek Water and Control Improvement District for their approval to receive taxing authority. The City of Austin and Williamson County have each agreed to pay one third of • the$65,000 for the study. Staff recommended that the City enter into a participation agreement and pay one third of the,$65,000 drainage study with regional detention funds. This item will be brought back to the Council in two weeks for consideration. Councilman Stewart expressed his concern that when Round Rock shares expenses with Williamson County in effect the citizens are being taxed twice. Mr.Nuse noted that Round Rock's contribution is being made from the Regional Detention Fund which is funded by the development community and no City tax dollars are being used to pay for the study. Mayor Culpepper noted that Round Rock is directly affected more than any of the surrounding entities,which makes it a public safety issue. Mr.Nuse noted that 6 of the structures are in Round Rock's city limits and approximately 14 of the structures directly affect • our watershed and Round Rock has no control over any of them. 8.B.1. Consider a presentation on implementation of Chapter 3 (Home Ownership Assistance Program) of the 1999 Communi1y Development Block Grant Action PlanStaff Resource Person: Tim Jenkins, Senior Planner. The HomePlan USA Employer Assisted Housing Program is a program which employers of residents of the City provide down payment and closing cost assistance to their respective employees as an employee benefit. Such assistance would be used in conjunction with additional down payment and closing cost assistance to be provided by Texas Department of Housing and Community Affairs (TDHCA) and the City. This program will be utilized with Round Rock's Home Ownership Assistance Program(HOAP). HOAP will provide to qualified first time income eligible homebuyers a non-interest bearing non-assumable loan to be used to assist with purchasing their first home. The Community • Development Action Plan was approved last summer and one of the projects is Project 3: Home Ownership Assistance Program. This program has two activities: 3-1) City run down payment Assistance Program and 3-2)Employer Assisted Housing Initiative. The Strategic Objective is to provide assistance to 10 to 15 low moderate-income families every year for a total of 75 in a five-year period. This was based on the anticipated amount of$60,000 of Community Development Block Grant funds that is received annually. This City program for any eligible applicant will be implemented next month. In the Needs Assessment it was determined that 124 February 11, 1999 "over 38% of Round Rock families currently are unable to afford the median-level home of $114,000. The continued rise of housing prices coupled with declining incomes for segments of the workforce is resulting in fewer home ownership opportunities for Round Rock families who are currently renting." The Employer Assisted Housing Initiative is a demonstration project that the City is requesting funding of up to $300,000 from the Texas Department of Housing and Community Affairs. The City will apply for TDH A funding in partnership with HomePlan, USA and help identify participating employers. Eligible participants will then apply through their employer and HomePlan,USA. The roles and responsibilities are as follows: City of Round Rock • Provide down payment assistance • Provide program administration of TDHCA funding • Participate as Employer HomePlan,USA • Provide homeownership counseling • Assist to applicants in loan process, getting down payment assistance, finding local available housing • Assist participating Employers in establishing program. • TDH A • Commit up to $300,000 for Round Rock's program • Provide funds to City for distribution to eligible applicants. Freddie MAC • Purchase home mortgage loans at the time of closing of such loans which were made through the program. MGIC • Insure home mortgage loans at the time of closing of such loans made through the program Employers • • Implement organization's program under the guidance of HomePlan,USA • Identify eligible applicants and guide them through process to gain assistance • Monitor participants after gaining assistance and provide annual status report to City of Round Rock. 125 February 11, 1999 In response to Councilman Joseph's question, Mr. Jenkins said the loan is a non- assumable loan but if they default on their mortgage NGIC will cover that and provide reimbursement to the City and he program. In response to Councilman Hairston's question,Mr. Jenkins said the qualifications are for first time homeowner, someone that has not owned a home in the last three years and if they fall • under the 80% of median familyincome which was determined as of January 27 1999 to be ary , $55,400. In response to Councilman Stewart's question, Mr. Jenkins said this will be applicable to Round Rock residents only if that is the Council's desire. The criteria has not been established but residency requirements can be included along with first priority to Round Rock residents and to use current housing stock. In response to Mayor Pro-tem Stluka's question, Mr. Jenkins said the median income is based on the Austin-San Marcos Metropolitan Statistical Area and designated by HUD at the federal level. In response to Councilman Hairston's question, Mr. Jenkins said the principals for • HomePlan USA, are Gene Watkins Partnership, Fulbright & Jaworski LLP, Legal Counsel, Freddie MAC and MGIC. At the request of Mayor Culpepper, Mr. Jenkins explained why the City is working with Gene Watkins. He added that the City is not paying Mr. Watkins to participate and none of the grant money will go to HomePlan,USA. PUBLIC HEARINGS: None ORDINANCES: None RESOLUTIONS: 11.A.1. Consider a resolution authorizing the Mayor to enter into an en ing eering agreement with Camp Dresser McKee Inc for Phase IV expansion of the water treatment plant. Staff Resource Person: Jim Nuse,Public Works Director. This plant expansion is necessary to • meet the water demands of the continued population growth. The project consists of two sedimentation basins and four filter bays and an extension of the control corridor. Also included is a 2 million-gallon ground storage reservoir. The Water Plant expansion will add an additional 10-MGD. An expansion of the Lake Georgetown raw water intake structure will add an additional 14-MGD capacity. Mr.Nuse outlined the three basic components for the project and their cost. He added that the engineering agreement cost is $1,339,000.00,which is 11% of the cost of the 126 February 11, 1999 improvements. Due to the complexity of the project,the agreement includes a full-time project representative at a cost of$100,000. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Water Treatment Plant Improvements,Phase IV Expansion, and • WHEREAS, Camp Dresser & McKee Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Camp Dresser & McKee 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 Camp Dresser & McKee Inc. for engineering services for the Water Treatment Plant Improvements, Phase IV Expansion, 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 1 lth day of February, 1999. 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. 1 LA.2. Consider a resolution authorizing the Mayor to enter into a contract with Matous Construction Co., Inc. for Contract No. 2 Southeast Elevated Tank Pump Station & Site Improvements in the amount of$515.000. Staff Resource Person: Jim Nuse,Public Works Director. Five • bids were opened February 2, 1999 for the Southeast Elevated Tank Pump Station and Site Improvements. Matous Construction Co., Inc. provided the best price. Staff recommended acceptance of the bid. This project will provide water to the new Chisholm Valley elevated tank and the eventually the proposed High Country Elevated Tank. This booster pump station will, this summer, improve the pressure for High Country and next summer will provide water to the tank for unified pressure. i 127 February 11, 1999 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Southeast Elevated Tank Pump Station& Site Improvements, Contract No. 2, and WHEREAS,Matous Co.,Inc.has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept,the bid of Matous 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 Matous Co., Inc. for the Southeast Elevated Tank Pump Station & Site Improvements, Contract No. 2, 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 1 lth day of February, 1999. 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. 1 LA.3. Consider a resolution authorizing the Mayor to execute a contract with Smith Contracting Co. for the Mesa Ridge Channel Improvements in the amount of$448,529.0 Staff Resource Person: Jim Nuse,Public Works Director. Four bids were received and opened on January 12, 1999 for the Mesa Ridge Channel Improvements. Smith Contracting Company submitted the lowest bid. Staff recommended award of the bid to Smith Contracting Co. Mr. • Nuse asked that the award be based on acquiring an addition easement from Mr. Johnson who owns the property at the corner of FM1460 and US79. Mr. Johnson has a couple of concerns that staff hopes to'resolve in a short time. In response to Councilman Hairston's question,Mr.Nuse said that the hydromulch is for erosion control and will keep the bank stable. Mayor Culpepper read the following resolution. RESOLUTION NO. 128 February 11, 1999 WHEREAS, the City of Round Rock has duly advertised for bids for the Mesa Ridge Channel Improvements, and WHEREAS, Smith Contracting, Co. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Smith Contracting, Co., 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 Smith Contracting, Co. for the Mesa Ridge Channel Improvements, 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 11th day of February, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution subject to acquiring the easement from Mr. Johnson. 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. 11.A.4. Consider-a resolution authorizing the Mayor to execute a Supplemental Agreement Respecting Williamson County Raw Water Line. Staff Resource Person: Jim Nuse, Public Works Director. This Supplement Agreement concerns the Williamson County Raw Water Line from Stillhouse Hollow to Lake Georgetown. In order to access funds from the Texas Water Development Board which are below market financing provisions are needed in the agreement that state that the project constitutes the only reasonable method for obtaining the ability to transport water from Stillhouse to Lake Georgetown, that we are not going to contract with somebody else, we are going to use the funds and have the Brazos River Authority to get • the project completed. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Brazos River Authority (`BRA") the City of Georgetown, the City of Round Rock ("City"), and the Jonah Water Supply Corporation (n/k/a Jonah Water Special Utility District) entered into that one certain Williamson County Regional Raw Water Line Agreement, as amended by Amendment No. 1 and Amendment No. 2, and I 129 February 11, 1999 WHEREAS, BRA has prepared a document entitled Supplemental Agreement Respecting Williamson County Raw Water Line,which the City Council wishes to approve,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 the Supplemental Agreement Respecting Williamson County Raw Water Line, 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 11th day of February, 1999. 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. 11.A.5. Consider a resolution authorizing the Mayor to execute a contract with the Capitol Area Easter Seals Society of Central Texas for the drainage way mowing and tree clearing. Staff Resource Person: Jim Nuse,Public Works Director. The scope of work is to cut vegetation in creeks, cut 20 feet on either side of creeks, remove the cut vegetation and collect and remove all debris. The areas and cost of the improvements are: South Creek— 174,800 sq. ft. - $2,013.60 Oxford Blvd. —downstream from Oxford Blvd. to the end of the playground- $3,424.00 (The work from the end of the playground to the end of the creek will be billed separately and the work will be performed during the summer months to allow the creek to dry out.) Settlers Blvd. — 136,400 sq. ft. - $8,539.18 • Lake Creek- 191,620 sq. ft. - $13,030.16 Total Cost- $27,006.94 Councilman Palmer asked if the area west of the Police Station and east of the Steeplechase Apartments would be done. Mr.Nuse said Easter Seals was contacted about that area and will submit a quote to include it in the work plan. In response to Councilwoman Chavez's question,Mr.Nuse said the work for Lake Creek does not go as far as Round Rock West Drive but there are plans to do that. 130 February 11, 1999 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has a need for drainage way mowing and tree clearing, and WHEREAS, pursuant to Section 252.022(a)(13) of the Local Government Code, bids were not required, and WHEREAS, Easter Seals - Central Texas has submitted a State Use Contract to provide said mowing and tree clearing, and • WHEREAS, the City Council wishes to enter into said contract with Easter Seals - Central Texas,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 State Use Contract with Easter Seals - Central Texas for drainage way mowing and tree clearing, 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 11th day of February, 1999. 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. 11.A.6. Consider resolution authorizing the Mayor to execute an engineering_agreement with HDR Engineering, Inc. for the development of Well No. 9. Staff Resource Person: Jim Nuse,Public Works Director. This well has been off line since 1986. The reason the well was off line is because erratic turbidity would occur occasionally. The turbidity would get into the • system unknowingly and would cause problems. Current technology can offer instantaneous detection once the turbidity exceeds 5 mtu's which is the maximum that staff would feel comfortable putting in the system. Once the turbidity reaches 5 mtu's the pumps can instantaneously cut off and won't allow it into the system and it will go into an automatic flush mode. The engineering agreement is $29,900.00 to prepare the plans for redevelopment of the a 131 February 11, 1999 well with the safe guard built in. That well can produce about 800-900 gallon a minute,which is a little more than a million gallons a day and would be online by summer. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the • development of Well No. 9, 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 the development of Well No. 9, 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�en Meetings Act Chapter 551 Texas Government Code, as amended,ded, and the Act. RESOLVED this 11th day of February, 1999. 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. Mayor Pro-tem Stluka disclosed that he has a contractual relationship with HDR for work that he is doing outside of the City of Round Rock. 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. 11.A.7. Consider a resolution authorization the Mayor to execute an agreement with R W. Harden&Associates, Inc. for groundwater exploration Staff Resource Person: Jim Nuse, • Public Works Director. A presentation was made n p o this item earlier in the meeting. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City has a need for professional technical consulting services for a groundwater exploration program, and WHEREAS, R. W. Harden&Associates, Inc. has submitted an agreement to provide the needed services, and WHEREAS, the City Council desires to enter into said agreement with R. W. Harden & Associates, Inc.,Now Therefore 132 February 11, 1999 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 R. W. Harden & Associates, Inc. for professional technical consulting services for a groundwater exploration program, 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 11th day of February, 1999. 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. 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. • 11 A 8 Consider a resolution authorizing the Mayor to execute a contract with Chasco Contracting for the 42 inch Waterline Replacement at the Water Treatment Plant in the amount of$78,786.00. Staff Resource Person: Jim Nuse,Public Works Director. Four bids were received and opened on February 2, 1999 for the project. Chasco Contracting submitted the lowest and best bid. This contractor has performed a number of pipe repair projects for the City in the past. This will complete the work for the dual distribution feed into the system. Staff recommended award of the bid. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Water Treatment Plant Waterline Replacement Project, and • WHEREAS, Chasco Contracting, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Chasco Contracting, 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 Chasco Contracting, Inc. for the Water Treatment Plant 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. 133 F February 11, 1999 RESOLVED this 11th day of February, 1999. 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 CouncilmaiiPalmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 1 LB.1. Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding between HomePlan USA, LLC,Mortgage Guaranty Insurance Corporation, Freddie Mac, Texas Department of Housing and Community Affairs for the HomePlan • Employer Assisted Housing Program. Staff Resource Person: Joe Vining,Planning Director. A presentation was made on this item earlier in the meeting. In response to Councilman Hairston's question, Mr. Jenkins said this does not obligate the City in anyway. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the HomePlan USA Employer Assisted Housing program is a program whereby employers of residents of the City of Round Rock will provide down payment and closing cost assistance to their respective employees as an employee benefit, and WHEREAS, such assistance would be used in conjunction with additional down payment and closing cost assistance to be provided by the Texas Department of Housing and Community Affairs and the City, and WHEREAS, this program will be utilized with the City's Home Ownership Assistance Program, which will provide to qualified first time homebuyers a non-interest bearing non- assumable loan to be used to assist;with purchasing their first home, and WHEREAS, HomePlan USA, L.L.C., Mortgage Guaranty Insurance Corporation, • Freddie Mac, the Texas Department of Housing and Community Affairs, and the City wish to set forth their mutual intent and understandings with respect to participating in the HomePlan USA Employer Assisted Housing Program,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Memorandum of Understanding with HomePlan USA, L.L.C., Mortgage Guaranty Insurance Corporation, Freddie Mac, and the Texas Department of Housing and Community Affairs, a copy of such Memorandum 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. 134 February 11, 1999 RESOLVED this 11th day of February, 1999. 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. • 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. l l C 1 Consider a resolution authorizing the Mayor to execute an agreement with the consulting;firm of WatsonWyatt Worldwide to Update the Market-Based Compensation System. Staff Resource Person: Teresa Bledsoe,Human Resource Director. The firm was responsible for the Compensation System Update and Performance Management Redesign work that was implemented by the City in 1997. Staff recommended that the City maintain its investment in • the compensation system by conducting regular updates. This will be the first update of the market-based compensation system. Estimated cost for the project is between$10,000 - $14,000 dollars. Recommendations will be made in the following areas: • Adjustments to existing structure. • Jobs,which should be classified in a higher or lower grade,based on the market data. • Any needed market adjustments to individual employee pay. It is estimated that it will take approximately 8 weeks to complete the study. Mayor Culpepper read the following resolution. RESOLUTION NO., • WHEREAS, the City of Round Rock desires to retain professional services to update the employee compensation review, and WHEREAS, Watson Wyatt has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Watson Wyatt, 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 Watson Wyatt, to update the employee compensation review, 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 135 February 11, 1999 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 11th day of February, 1999. 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 ` CouncilmaiPstewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 11.D.1. Consider a resolution authorizing the closing of certain downtown streets on Saturday. May 29, 1999 from 3:00 p.m. until 1:00 a.m. and Sunday, May 30 1999 from 12.00 noon until 12:00 p.m. for Fiesta Amistad. Staff Resource Person: Joanne Land,Assistant City rManager. David Acosta representative of El Amistad requested that the downtown streets Main Street from Mays Street to Sheppard Street and Lampasas Street from Liberty Avenue to Bagdad Avenue be closed for the 30th Annual Fiesta Amistad on Saturday,May 29 through Sunday,May 30. The Police Department and Fire Department approved the streets closing. Members of El Amistad presented a copy of the poster to the Council that Olivia Castillo Lopez created for El Amistad's 30th Anniversary. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, El Amistad has requested that Main Street from Mays Street to Sheppard Street, Lampasas Street from Liberty Avenue to Bagdad Avenue, and Sheppard Street from Liberty Avenue to Bagdad Avenue be closed from 3:00 o'clock p.m. on May 29, 1999 until 1:00 o'clock a.m. on May 30, 1999, and from 12:00 o'clock noon,}until 12:00 o'clock midnight on May 30, 1999, for the organization's annual event known as Fiesta, and • WHEREAS, the City Council wishes to grant such request,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Main Street,Lampasas Street, and Sheppard 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 11th day of February, 1999. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: 136 February 11, 1999 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. 11.D.2. Consider a resolution Calling the May L 1999 City Council Election for Mayor, Council Place 1 and Council Place 4 and establishing polling_places. Staff Resource Person: Joanne Land, Assistant City Manager/City Secret=.,The City of Round Rock will conduct a City election on May 1, 1999 for the purpose of electing the Mayor, Council,Place 1 and Council, Place 4. The City Precincts and their locations are as follows: City Precinct No. 1 -Robertson Elementary- 1415 Bayland Street (County Precinct No. 149 -423 -436) City Precinct No. 2 - Gattis Elementary=2920 Round Rock Ranch Boulevard (County Precinct No. 424—463 —480 - T-202) City Precinct No. 3 -First Baptist Church- 306 Round Rock Avenue (County Precinct No. 150— 172 -455) City Precinct No. 4-Round Rock High School- 300 Lake Creek Drive (County Precinct No. 119— 122 - 382) City Precinct No. 5 -Bluebonnet Elementary- 1010 Chisholm Valley Drive (County Precinct No. 135— 137— 138 -T-225) - Early voting is from April 14, 1999 through April 27, 1999. Locations are: Round Rock City Hall, 221 E. Main Street, 3 Floor Round Rock Administration Building, 1311 Round Rock Avenue • Westwood High School, 12400 Mellow Meadow Drive, Austin McNeil High School, 5720 McNeil Road, Austin • April 14—April 23, 1999 (Weekdays) 8:00 a.m.—5:00 p.m. • April 26—April 27, 1999 (Weekdays) 8:00 a.m.—7:00 p.m. Round Rock Administration Building, 1311 Round Rock Avenue 137 February 11, 1999 Westwood High School, 12400 Mellow Meadow Drive,Austin McNeil High School, 5720 McNeil Road,Austin • April 17, 1999 and April 24, 1999 (Saturdays) 8:00 a.m. — 12:00 p.m. Mayor Culpepper read the following resolution. RESOLUTION NO. • WHEREAS, the City Council wishes to Order a City Election for the 1st of May, 1999; and WHEREAS, the City Council wishes to encourage all registered voters in the City to vote in city elections; and WHEREAS, it has been determined that Robertson Elementary School, Gattis Elementary School, First Baptist Church, Round Rock High School and Bluebonnet Elementary School would be easily accessible to voters in the"'City of Round Rock on election day; and WHEREAS, it has been further determined that early voting places will be at the Round Rock City Hall, Round Rock Independent School District Administration Building, Westwood High School and McNeil High School;Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Council hereby orders an election on May 1, 1999 in accordance with the attached Order of Election; and BE IT FURTHER RESOLVED that Robertson Elementary School, Gattis Elementary School, First Baptist Church, Round Rock High School and Bluebonnet Elementary School are hereby designated as the official election day polling places and City Hall, Round Rock Independent School District Administration Building, Westwood High School and McNeil High School are hereby designated as the official early voting polling places for the May 1, 1999 City Council Election and that the polling places and voting hours are detailed in the attached Order of Election. 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 1 It day of February 1999. 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 nhl Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: None DISBURSEMENTS: 138 February 11, 1999 13.A. Consider 12g=ent of$54,500.00 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. 13.B. Consider payment of$45,173.70 to Chasco Contracting for the Downtown Drainage and Librate Streets Improvements. The current contract price is $1,154,639.20 and 6 and 1998 General Obligation Bonds. • the project is funded from 199 g 13.C. Consider11avment of$48,972.50 to Cunningham Constructors &Associates,Inc. for the Disinfection Basin and Washwater Recovery Pump Station. The current contract price is $1,994,800.00 and the project is funded from Water System Construction Funds. 13.1). Consider a ent of 10 184.00 to J. Michael Faulk Architects for the design of C p vm � J an Fire Station No 5 at Deepwood. The current contract price is $74,012.00 and the project is funded from 1998 General Obligation Bonds. 13.E. Consider payment of$34,918.44 to HDR, Inc for engineering services associated with the Water System Improvements. The current contract price is $543,990.00 and is funded by Water System Construction Funds. 13.F. Consider payment of$16,459.86 to Highline Corporation for the Human Resources and Payroll Systems License. Software and Implementation. The current contract price is $181,556.00 and the project is funded from General Operating Budget Revision No. 1. 13.G. Consider 12Ument of$73,772.25 Landmark Structures Inc for the Water Storage Facilities in Chisholm Valley and High Country. The current contract price is $2,776,000.00 and the project is funded from Water System Construction Funds. 13.H. Consider payment of$39,680.00 to SetPoint Builders. Inc. for the Public Works Building Additions and Alterations. The current contract price is $535,540.00 and is funded by Self-Financed Construction. U.I. Consider payment of$234,003.05 to CP Snider Construction Co.,Inc. for the Public Library Expansion. The current contract price is $2,870,435.00 and the project is funded from 1996 General Obligation Bonds. 131. Consider payment of$32.712.50 to Spencer Godfrey Architects for the design and pool consultant services for the Clay Madsen Recreation Center. The current contract price is $317,915.00 and the project is funded from 1996 General Obligation Bonds. MOTION: Councilman Stewart moved to approve the disbursements. Councilman Joseph seconded the motion. ;Alt. 139 February 11, 1999 Mayor Pro-tem Stluka disclosed that he has a contractual relationship with HDR for work that he is doing outside of the City of Round Rock. TE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez • Councilman Joseph Mayor Culpepper Y Noes: None ACTION: The motion carried unanimously. CITY MANAGER'S REPORT: Bob Bennett noted that the quarterly report of investment transactions was provided to the Council. He added that a resolution concerning SH- 130 will be on the Council's next agenda. COUNCIL COMMENTS: Mayor Pro-tem Stluka said, "In light of the unfortunate circumstances that Councilwoman Chavez has gone through I would like to suggest that the Council consider drafting a resolution to send to the Texas Municipal League, Senator Ogden and Representative Krusee to sponsor legislation that will repeal the specific law and exempt schoolteachers from • the current law that prohibits State employees from receiving compensation for serving on the City Council." He added that he asked Joanne Land to include in the Election Packets that as current law states a teacher is considered a State employee and cannot receive compensation for serving as a Councilmember. Also, that if there is any third party involved with this they need to advise their employees on this regulation. Mayor Pro-tem Stluka concluded that at the recommendation of Mayor Culpepper ATS has been renamed. ATS will now be called Capital Area Metropolitan Planning Organization. The meetings will be held once a quarter outside of Austin and the first one will be held in Round Rock. Greg Boatright is Vice-Chairman and Senator Gonzalo Barrientos is still Chairman. Councilman Hairston noted that he will co-sponsor Mayor Pro-tem Stluka's suggestion for the resolutionco cerning schoolteachers. Councilman Hairston reminded everyone that this • is Black Histoonth "Where we are looking at the role or influence of Americans of African rY g culture and heritage of this country. I have been asked to speak at several school sites this month. What I have noticed is that teaching or lecturing to children when we talk about the role of this particular ethnic group, we are talking about the roles of all ethnic groups and what made this country the prosperous place it is and, in spite of difficult times, somewhat angry times, this country has one thing that other countries don't have. We don't hide from the truth. Somehow 140 February 11, 1999 we do get beyond the hard truth that some people will say will split the nation apart or tear things apart. I, for one, believe that since this country confronts the truth and somehow tries to manage it's way to the best possible end, that is what will keep us prosperous." Councilman Hairston encouraged everyone to visit the Library or local bookstores on the role and influence of Americans of African influence in this country and to get involved in American History again. Mayor Culpepper welcomed Councilman Palmer back from his recent surgery. • Y Councilman Palmer announced that the Round Rock Community Choir Madrigal Dinner Performances will be February 19th and February 20th at the Inn of Brushy Creek. Councilwoman Chavez said, "I learned early in my tenure on the Council and I continue to believe that one of many strengths of this community is the excellent staff that is responsible for day to day operations of this City. I have heard many people express the same sentiment through the years that I have served on the Council. I assure everyone that I continue to have the utmost confidence in the City staff and the City Attorney, and I will continue to seek their input and advise as I carry out my duties as a Councilmember. Although some place blame on the City Attorney for what has occurred, everyone should remember that the Texas Constitution is a five volume document and finding a small provision about State employees and making the inference that public schoolteachers are State employees is extremely difficult. The City Attorney's wife, the Mayor's wife, and at one point Mayor Pro-tem Stluka's wife, are public schoolteachers and we have never considered ourselves employees of the State. It's a poor provision, an exclusionary provision, and I sincerely hope that it can be changed by the legislature and the citizens of Texas. I have total confidence in Steve Sheets who has provided excellent service to the City in the past and I will continue to seek his counsel when necessary. I also want to thank the Council and many other friends for their expressed support in this matter." Councilman Joseph welcomed Councilman Palmer back and echoed Mayor Pro-tem Stluka's comments. He welcomed Paul Conner, the new Police Chief, and added that he looks forward to working with him. Councilman Joseph said he received two e-mail greetings one from Nigeria and the other from Major Bobby Arrington who is stationed in Bosnia. • ADJOURNMENT: There being no further business, the meeting adjourned at 9:05 p.m. Respectfully Submitted, Joanne Land, Assistant City Manager/ City Secretary y: 141 February 25, 1999 The Round Rock City Council met in Work Session and Regular Session on Thursday, February 25, 1999 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 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, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. WORK SESSION: 3.A. Consider discussion on various capital budgetary matters. Bob Bennett outlined the proposed revenue for the following Capital Budget, Fiscal Year 1998-99: Description of Item 98-99 Budget 98-99 Considerations Proposed Budget Beginning Unreserved • Fund Balance 10/1/98 $ 0 $ 0 Proposed Revenue: Transfer in from General Fund(fy98) 700,000 700,000 Transfer in from CDBG(Old) 110,000 110,000 Transfer in from TPWG(Old) 200,000 200,000 Transfer in from Stonewater Development(*1) 25,000 25,000 Transfer in from Utility Fund(tank site) 10,000 10,000 Total Revenues $1,045,000 $1,045,000 Note:*1 —Timing of the available funds is unknown Mr. Bennett noted that there are many projects the Council has been talking about over the last couple of months. Staff would like a consent on the type of budget staff should put together to bring back to the Council as a legislative matter. Currently the requests are about $67,000 greater than funds are available. • Mr. Bennett outlined the following: Proposed Expenditures Chisholm Trail Statuary $200,000 This project was brought to staff by Councilman Palmer and has been supported by other Councilmembers. The location for the statues is along the west side of Chisholm Trail between RR620 and Brushy Creek. The City purchased the land, except for a portion by the Creek, but 142 February 25, 1999 anticipates acquiring that property over the next couple of weeks. The money that was used to purchase the land was not from the $200,000. This money is intended to clear property, help begin building parking lots and to purchase some of the statuary. Sharon Prete added that the Chamber of Commerce set aside $6,000 through the Tourism Committee that has been raised by selling the prints and tabletop rendition of the statuary. John Moman is donating his services to design the Park. Staff is working with a landscape architect through Carter Burgess who is also donating his time. The preliminary sketches should be ready in two to three weeks, which would be reviewed by a Chamber Committee. Some members of the Committee are Councilman Palmer, Judy McLeod, Tom Word and Sharon Prete. The Plan will have to be taken before the Historic Preservation Commission and the Council. The project consists of the statues,three longhorns and a rider on horseback,parking and landscaping and the funds would be used to complete the first phase of the project. In response to Mayor Pro-tem Stluka's question, Ms. Prete said, "The Chamber of Commerce is also considering a fund raising event to raise additional funds for this project. One effort is a paver project where families can purchase a brick and put their name of it." Councilman Hairston said his would like to see a realistic cattle drive reflected on the site to draw the tourist. Councilman Palmer said he would like the City to take on the first phase of this project and make it work all the way through rather than"piecemeal." Koughan Park , 0 Mr. Bennett noted that this project is now total funded. Downtown Sidewalks $250,000 Jim Nuse said four options were considered for the downtown sidewalks. The first option is do nothing and continue the process that is currently being done that is to replace the pavers with the grout. Staff found a process that is a permanent solution, which is take out the damaged paver, replace it, grout and paint it with a stencil so it resembles the paver. The second option • will be a standard concrete sidewalk. The third option would be a standard sidewalk with stamping which would be dyed concrete and would look like cobblestones or bricks. The fourth option is full depth pavers similar to the ones on RR620. The Library project will have full depth pavers. The cost to do the standard concrete is about $200,000. The concrete with stamping and the dyed concrete is about $300,000 and needs to be done business by business by taking out a section and be ready to replace it immediately. The full depth pavers are about$310,000 and that- ;. . 143 February 25, 1999 includes each of the ramps. Regardless of the procedure, the handicap ramps are about $500 each. In response to Mayor Pro-tem Stluka's question, Mr. Nuse said the construction cost of the full depth pavers is $248,000 and the rest of the funds are for contingency for unusual • circumstances. The project will be from Mays Street to Sheppard Street on both sides. Mr. Nuse explained that the threshold cost for a sidewalk project is $50,000. Also, public entities need to submit sidewalk plans to the State for review and ADA compliance. City-wide Sidewalks .;;.:as $200,000 Joe Vining noted the first priority is sidewalks to the Elementary Schools, Middle Schools second and High School last. Mr. Vining outlined the map of the proposed single-side sidewalks for existing streets. The areas that are proposed to be funded through the Contingency Fund are portions of Eggers/Wayne which will help get the children to Robertson Elementary and Hopewell Middle School, Ferndale/Greenlawn which will help get the children to Voigt Elementary, St. William/Parkview/ Round Rock West which will help get the children to • Deepwood Elementary and Chisholm Trail Middle School, and Yucca/Rawhide/Buckboard which will help get the children to Bluebonnet Elementary. The estimate for construction is $149,965 and a contingency allowance of$50,035. Councilman Palmer asked if sidewalks were being proposed on South Mays. He added that there is a lot of foot traffic that goes from Logan Street to Hester's Crossing. Mr. Vining said staff is proposing to incorporate the sidewalks with the realignment of South Mays. The area closer to Logan Street could be funded from another source like TxDOT. Cemetery Headstones $47,000 Bob Bennett said this project is to fix the headstones in the cemeteries along Sam Bass Road. A lot of vandalism has occurred in the cemeteries over the years. Only recently the City, working with the private groups that own the cemeteries, funded the maintenance and operations. • This expenditure will help upgrade the cemeteries, which have a lot of history. Councilman Palmer suggested this project. Councilman Palmer noted that the cemeteries are owned by two associations and not by the City and the funds they have are not to do the work that needs to be done. Senior Center,Rabb House,Kinningham Equipment $10,000 d 144 February 25, 1999 Bob Bennett said this is to purchase additional tables and chairs or whatever the Council desires for the Senior Center,Rabb House and Kinningham Park. Sharon Prete added that there are times that individuals who rent the facilities also have to go out and rent tables and chairs because of the shortage. High Country Park,Tank Site $200,000 • Jim Nuse said that in 1985 the City of Austin purchased 10 acres in High Country. Austin is currently having the property appraised. The cost is strictly for the purchase of the property and the cost is for approximately $20,000 an acre. The City of Round Rock received approval for the construction of a tank at that location. The tank is a 1.25 million-gallon tank. The tank would sit on 100 by 100 feet and the rest of the property can be used for parkland. Volunteer Fire Department Pumper Restored $40,000 Bob Bennett said the Volunteer Fire Department has asked for funds to refurbish an 1889 hand pumper that is currently at the Central Fire Station. The pumper will be placed in a house that will be built onto the Central Fire Station. Volunteer Fire Chief Girvan said the project should cost between $20-30,000 but staff added $10,000 because they did not know what the • refurbishing entailed. Councilman Joseph asked if there was another location, like the Library, a school or the City Hall courtyard, if it was encased in glass, that the pumper could be placed for more public viewing. Mr. Bennett said staff has looked at the Library but have not determined where space is available. Councilwoman Chavez said this piece of equipment is a part of Round Rock's history that can be enjoyed and viewed by the public. Councilwomen Chavez said she would like to see the pumper truck restored and try to find a place for it. She added that if we can't take care of it locally, a Houston museum is looking at the possibility of restoring it and housing it. Mayor Pro-tem Stluka asked if the Volunteer Fire Department had plans to raise funds to • support this restoration. Mr. Bennett said that the only effort that is being done is for the Brush Truck that the City provided a zero interest loan. Entry Signs, Street Planting,Hike/Bike Trails $100,000 Joe Vining said the signs will notify travelers they are entering Round Rock. The first sign will be for US79 and the sign for RR620 will be decided later due to development that is occurring to the west of the City. The cost is for construction, irrigation and land and need to be 145 February 25, 1999 fairly large to be read. The$100,000 will be for the design that can be used at other locations and for the first sign. Mr. Vining added that Bob Belanger will design a sign for the Council's approval and this is a soft estimate. Channel 10 Upgrade $65,000 • Will Hampton said this upgrade consists of three components. They are the purchase of a new character generator, which runs the announcements on Channel 10; VCR controller that will allow staff to play back automatically Council meetings and presentations; improvements to the Council Chambers by creating a permanent secure engineering station for the equipment, debug the audio systems that is currently in place, have the cameras fixed so they don't have to be constantly removed which cause wear and tear on the equipment and improving the lighting in the Council Chamber. The rest of the budget is as follows: Contingency 0 Total Expenditures $1,112,000 Change In Operations (67,000) Operating Reserves 0 • Estimated Unreserved Fund Balance 9/30/99 $ (67,000) The Council made the following comments on the priority of the items that were presented by staff. Councilman Hairston said, "As a whole all of them deserve funding. If it's not in the Arts, they deal with Economic Development, tourism, the quality of life and recreation. On the entry signs, the $100,000 was for the design, construction and maintenance, since we are going to start on 79 on both sides and the design will be used on both sides of 620,what will the budget look like or how can this be pared down if we were just merely looking at a design budget to design the City's entry sign and not look at construction and maintenance because we have to work with TxDOT to get their permission?This will free up some of the funds." • Mr. Vining said the design can be done for $5,000.00. If it is the Council's desire, the construction can be taken out and work only on the design of the entry signs because it will take some time to design the signs and select a location. Councilman Hairston added, "Working with TxDOT, it is going to take 4 to 5 months to get the permission to do what we want to do on 79 and 620. We are almost half way through the fiscal year. The pumper restoration'is something that can be done immediately. The cemetery 146 February 25, 1999 headstones,someone has to be contracted to do that. The sidewalks that are going on right now, we can add on to that. The park took care of itself. Statuary is something that we have to start planning on especially if we are going to go with the many segments. I would ask my colleagues to look at the entry signs and maybe concentrate on the actual design of what we want, where it can be used in multiple locations throughout the City and the main thoroughfare." • Councilman Stewart said, "I can't support postponing the budgeting for the entry signs. Just as I can't support lack of action on Channel 10 because in my mind they both run with almost the same priority. We have been trying to get this accomplished. If we don't budget this money now, that's fine that the design only costs $5,000.00 then there is $95,000 that we are going to have to identify whenever we are able to do the construction and application of the design. That is my only objection. Other than that I can't support the restoration of the Volunteer Fire Department Pumper for $40,000. I just don't see public money being spent in this touchy feely kind of thing. It looks like there should be an effort made by the Volunteer Fire Department to acquire the funds to do this. If we can work out some type of matching type grant with them that they come up with $20,000, we do $20,000 or we do away with the restoration and take the • thing out and have it sandblasted and painted and cut the $40,000 to $5,000. I might support it for that extent. The rest of them are absolute must have's." Councilman Palmer said, "We do have quite a bit of soft money in the budget. I have heard that we have $50,000 contingency here and $25,000 contingency there. I would like to see some hard numbers." Bob Bennett answered , "These are hard numbers. The only contingency that might have been in there was $60,000 for the downtown sidewalks. The only number that might be soft is the entry sign." Councilman Palmer said, "I would like to think that we can look at this and see how we can do the whole bit. I think there is a way of doing it and I would like to see what we can do with it." Councilwoman Chavez said, "I will echo his statement. I think all deserve funding as • Councilman Hairston stated. Surely there is some way that there can be some money found in a cushion area that can be used to fund all of these." Councilman Joseph said, "I strongly feel the same way as Councilwoman Chavez. I think there is possibly a way that we can figure out how to fund these. The entry signs, the gateway to Round Rock, we have been talking about for over 9 years. We started talking about the Channel 10 upgrade 5 or 6 years ago when it was going to cost $200,000 but now electronics are cheaper 147 February 25, 1999 so we have saved money by waiting and it will be modernized even better. The Chisholm Trail Statuary, we dont have the hard number on that, there may be $10-20,000 into that. Hopefully, we can work on all this. I would like to see us at least on the pumper truck, it is part of our history part of our heritage. The thing is that it could take up to a year to restore that truck and it • may be $25-30,000 to restore and then next year we can fund the case to put it in. But there is a little bit on each project that we can shave off and still make the budget." Mayor Pro-tem Stluka said, "I don't disagree that all of these are certainly worthy of some funding. I think there is some prioritization:that we need to look at in terms of what is best suited to serve the general needs of our community in terms of some very basic infrastructure needs and better communication needs and some of these are possibly frills on a cake items. I think there is a way we can address all of these where some funding may go to each one and my suggestion would be, again we are not voting on this we are just trying to give the City Manager some direction. I prioritized the list in terms of needs and quality of life issues and the sidewalks are unquestionably the most important things on the list because if we are talking about restoring • our downtown, making our downtown an area that we want to attract more people to, that's making a major part of doing that restoration. In city-wide sidewalks, I think we have heard from most of our neighborhood groups repeatedly about a need for more sidewalks and I thinks it's a safety issue also, that needs to be addressed. So sidewalks are very important. In planning ahead and looking forward, we have to have the foresight to have the property available for our next water tank and I think the water tank site is very important as well. Channel 10 and maybe this is more important than the water tank site, but I agree with you wholeheartedly, Councilman Stewart,we do need to do something with what we have been talking about for the last five years or so. We have an opportunity to do it. We need to do it now. So this is certainly something that comes at the top of the list. I think that whatever we need to do for the Senior Center, Rabb House and Kinningham Place in making each one of those facilities a more usable facility by • having better inventory of tables and chairs that certainly needs to be done. From the historical value or aspect, the cemetery headstones are an important project and again this is something that is very visible to our community and to visitors and needs to be taken care of. The entry signs are also something that we have talked about a long time. Based on my numbers, if we funded the sidewalks, the tank site, Channel 10, the Senior Center, Rabb House and Kinningham Place, the entry signs and the cemetery headstones for the full amount that is before us, I come up with a 148 February 25, 1999 figure of$872,000. That leaves a balance of $173,000 that I think we can make some sort of contribution to the restoration of the pumper for$25,000 leaving $148,000 to go to the Chisholm Trail Statuary. This will allow everything gets some money and balances the budget. If there is some cushion in any of the projects as we go forward with them that money can be directed over to the statuary or the restoration of the pumper truck." i Mr. Bennett said that he had enough information to bring this item back to the Council's next meeting for approval. Councilman Hairston said, "The entry signs are good. It's due. I didn't know it was nine years due. I remember when Councilman Stewart spoke about it at the retreat. My only concern with the entry signs is some of the projects are going to be further drawn out due to the nature of working with the State and it is important. All of these are important but as each one of us has been talking about some of the projects are ready to go now and some are coming on later and I wouldn't call any of this cushion money or soft money but I would call it maybe a revolving loan. Maybe projects that can be done right now, immediately; that is when we draw out and start spending the money and putting back money as a surplus occurs as the next projects begin." • 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. Mayor Culpepper apologized for missing the Work Session. He said he was watching his son play his last basketball game at the Middle School and they won. APPROVAL OF MINUTES: February 11, 1999 • 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 149 February 25, 1999 Noes: None ACTION: The motion carried unanimously CITIZENS COMMUNICATIONS: Police Chief Paul Conner said members of the Round Rock Police Department want to • make a special presentation. Staff members approached the podium and Captain Chris Bratton was the spokesperson. Captain Bratton said, "Mayor and Council, we've had a great privilege in the,last few weeks and a great sadness as well at the Police Department. We have been through a transitional period and that was a difficult period,;.for us and would have been extremely difficult were it not for the faith you put in the department and your willingness to loan us somebody from the City staff to help us out. That person came into our lives and touched each and every one of us in a very special way. She brought an extremely valuable leadership style and skill to us. She was able to create a very unified and forceful statement that we could make to Chief Conner to welcome him into our mist. So Joanne, as a way of saying thank you to you, on behalf of the officers and staff at the Round Rock Police Department we would like to present you with • this token of our appreciation for coming in and bringing to us a very calm and very dedicated leadership style that allowed us to move forward with this transition in a very orderly and very, very smooth way. We want to say thanks and you are always welcome through our doors." Captain Simpson presented the shadowbox to Joanne which contains her Commissioner shield and patches of the Police Department. In addition, Ms. Land was presented with a necklace that has a miniature Round Rock Police Commissioner shield with her number on it. Ms. Land thanked the officers for her gift and expressed her appreciation. 8.A. Round Rock Family YMCA and Williamson County Humane Society Pets-n- Sweats 5K Fun Run March 27. 1999 at 8:00 a.m. in the.Forest Creek Subdivision. Lee Gerard represented the Round Rock Family YMCA and Williamson County Humane Society. He requested permission for approval of Saturday, March 27, 1999 at 8:00 a.m. for the race date and • time for their second annual Pets-n-Sweats 5K Fun Run. This will benefit the Humane Society and YMCA. The route will be in the Forest Creek Subdivision. The Police Department and Fire Department both approved the route. The Council gave their verbal approval. Rodney Howard, 1222 Leah Lane, expressed his support for item 10B1, curbside recycling and he added he is willing to pay for it. Mr. Howard also expressed his support for item 150 February 25, 1999 13G4, the modification of the City's recommendation concerning the SH-130. He said it is more consistent with the Master Transportation as it addressed the various aspects of the SH-130 alignment. Mr. Howard offered his time and services to the City to help carry this message to the appropriate parties to help insure that Round Rock's transportation future is correctly forced by the citizens and not by outside parties that may not have the citizens best interest in mind. In • conclusion, Mr. Howard expressed his support of item 13D1, to amend Article 16 Section 40 of the Texas Constitution,which exempts schoolteachers from accepting payment for serving on the Council. He added that this undesirable situation could have been avoided and it is unfortunate that Councilwoman Chavez had to learn this information on her own and bring it to the attention of the City. It is embarrassing for her as well as to the City. The events leading up to this event should be reviewed and mechanism put in place to prevent a similar occurrence in the future. David Pruett, 1711 Amber Skyway Cove, thanked Mr. Howard and expressed his support of the items that Mr. Howard brought up. Mr. Pruett spoke on the models that were done concerning traffic figures for SH-130. He brought one of the models he created that showed traffic flows. • Posey McClung, 1603 Karen Cove, announced that the Senior Center would be having their Annual Estate Sale that will benefit the Senior Center. She added that anyone wishing to donate any items to contact the Senior Center. PROCLAMATIONS: 9.A. Consider a proclamation proclaiming Saturday, March 6 1999 as Daffodil Days Mayor Culpepper read the appropriate proclamation and presented it to Posey McClung and members of the Senior Center, Rick Thompson, Allen Baca, Lambert Peterson, Ruth Koughan, and Beth Carlile. Ms. McClung thanked the Council for the proclamation and staff for hanging the basket of daffodils in front of the Chamber of Commerce. PRESENTATIONS: • 10.A.1. Consider a presentation regarding the proposed new utility billing_system. Staff Resource Person: David Kautz,Finance Director. The City utility billing office has been working on the development and implementation of a.new utility billing system for the City's 17,000 utility customers. This system is the third phase of a computer system upgrade for the financial services area. The accounting system went live on October 1"and is still being brought up to full speed. The live date for the Payroll and Human Resources applications is very near. The next 151 February 25, 1999 proposed application upgrade is the utility billing system which is scheduled for the next couple of months. Mr. Kautz added that a new bill format was developed. Another proposed change in relation to the new billing system is the outsourcing of the printing and mailing of the bills. Staff will present to the Council, at their next meeting, a contract for the outsourcing of the bill, • printing and mailing. This activity is labor intensive and requires specialized machinery and it can be done more efficiently by a vendor who specializes in this type of work. Staff has budgeted for the outsourcing of the bill as well as the proposed implementation upgrade. Irma Mendoza, Utility Billing Office Manager, outlined the new bill format using a sample bill that was provided to the Council. Customers are scheduled to receive the new bill on March 17'. The billing cycles and due dates have not changed. In response to Councilman Joseph's question, Ms. Mendoza said that the bill will only be in one color and not the different colors that are currently being used. In response to Councilman Hairston's question, Ms. Mendoza explained the purpose of the Friendly Rock Voluntary Contribution Program. • 10.B.1. Consider a presentation regarding a proposed voluntary subscription recycling rp ooaram. Staff Resource Person: Jim Nuse, Public Works Director. Seven years ago the Environmental Advisory Board made a recommendation that a Recycling Center be used for recycling. At that time Round Rock Refuse looked into the idea of a subscription program and until now it has not been feasible for them. Round Rock Refuse has now come up with a program that they want to institute. The City will basically not be involved in this program. The billing and collections will be handled entirely by Round Rock Refuse. The 30¢ for the recycling will still be charged on the utility bill to continue operating the Deepwood Drive Recycling Center. Ralph Rocco, General Manager of Round Rock Refuse, said they will be offering optional curbside recycling beginning May 3, 1999. The monthly fee for this optional service will be$3.70 plus tax and will be billed to each subscriber quarterly by Round Rock Refuse. The • monthly fee includes an eighteen (18) gallon recycling bin and weekly collection of newsprint, magazines,plastic milk jugs, clear plastic, steel,tin and aluminum cans. Glass and cardboard will not be collected due to the breakage and bulkiness of the items. Recyclables will be collected on one of the two regular garbage collection days. Subscribers will be notified of their recycling day when their recycling bin is delivered. To start the recycling service residents should contact Round Rock Refuse. Mr. Rocco added that this is a two year pilot program and they currently do 152 February 25, 1999 not know the rate of participation but the City will be kept informed on that figure and will be supplied with the tonnage reports from the recyclary to see how much is being collected. Councilman Joseph complimented Mr. Rocco for the good service that Round Rock Refuse provides. Mayor Pro-tem Stluka said that Round Rock is one of the few cities that is getting twice a • week pickup for the rates that are being charged and they don't hesitate to pick up anything and everything that is put out. In surrounding communities that is not the case, they are limited to what can be put out. He appreciates Round Rock Refuse volunteering to help in the recycling effort with this program. PUBLIC HEARINGS: 11 A 1 Consider public testimony concerning_adopting original zoning on 58.142 acres of land and rezoning 54.65 acres out of the JM Harrell Survey. A-284 from C-1 (General Commercial) to District Planned Unit Development No 38 (PUD 38). (La Frontera East) Applicant: . Agent: W.S. Smalling. Staff.Resource Person: Amelia Sondergroth, Principal Planner. This tract is located at the intersection of IH-35 and 1325. The land uses that are being • proposed are a Shopping Center, Cinema, and General Commercial. PUD zoning provides the opportunity for the City and the Developer to require increased development standards for street design, landscaping, screening, siting of buildings, and signage. The standards set forth in PUD No. 38 and PUD No. 39 are consistent for both PUD's thus ensuring an overall unified development plan. The proposed PUD meets the goals and objectives of the City's PUD ordinance. On February 17, 1999 the Planning and Zoning Commission recommended PUD No. 38 zoning on these tracts of land. Issues of concern that were brought up were of signage for the property and outdoor sales and displays. These will be addressed in the PUD document along with a lot of other elements that will make this a quality project. Trey Salinas of 35/45 Investors introduced the development team who were present at the • meeting. Don Martin gave a brief slide presentation on the master plan, comprehensive roadway network and examples of what they are trying to achieve for La Frontera. Mayor Culpepper opened the public hearing. David Pruett, 1711 Amber Skyway Cove, expressed his concern on the apartments that are being proposed. He said this will place a lot of stress on all of the systems of the City. 153 February 25, 1999 Phil Cozart, 815 Chisholm Valley Drive,President of the Chisholm Valley Neighborhood Association, said the developer contacted the neighborhood for their input on the development. The neighborhood did not want Frontier Drive to be extended into the development, they asked that the multi-family be moved further south to lessen the impact on the neighborhood, that • Hester's Crossing be moved further south of the northern boundary of La Frontera. These concerns were addressed. Mr. Cozart said that the Chisholm Valley Neighborhood Association recommended the adoption of PUD No. 38 and PUD No. 39. Beth Carlile, 2612 Sinclair, said her property and La Frontera's property have a common property line. The developer addressed the concerns that she had which were moving Hester's Crossing further south, the lighting, the fence, the high useage of some of the buildings. She added that the developer has worked with the residents and she appreciated being involved in decisions for the development. John Moman, 1701 Johnson Way, expressed his support of the development. He said this will be a quality development for Round Rock. • 1 LA.2. Consider public testimony concerning adopting original zoning on 192.205 acres of land and rezoning 2.140 acres of land of out of the JM Harrell Survey, A-284 from C-1 (General Commercial) to District Planned Unit Development 39 (PUD 39).(La Frontera Westl. Applicant: 35/45 Investors, L.P. Agent: W.S. Smalling. Staff Resource Person: Joe Vining, Planning Director. This is proposed as a mixed use development allowing Commercial, Business Park, Office, Hotel, and Multifamily development. PUD zoning provides the opportunity for the City and the Developer to require increased development standards for street design, landscaping, screening, siting of buildings, building materials and signage. The standards set forth in PUD No. 38 and PUD No. 39 are consistent for both PUD's thus ensuring an overall unified development plan. The PUD meets the goals and objectives of the City's PUD ordinance. On February 17, 1999 the Planning and zoning Commission recommended PUD 39 • zoning on these tracts of land. Mayor Culpepper opened the public hearing. Mr. Tanguma, 2704 Blessing, expressed his concern that surveyor stakes were on his property and that the lake may cause an impact on the Blessing Mobile Home area. There being no further testimony, the public hearing was closed. 154 February 25, 1999 ORDINANCES: 12 A 1 Consider an ordinance prohibiting parking on both sides of South Creek Drive from Juniper Trail south to Gattis School Road. (First Reading) Staff Resource Person: Tom Word, Traffic Engineer.The South Creek Neighborhood have expressed concern on changes in traffic that will occur when the apartments are constructed on both sides of South Creek Drive at • Gattis School Road. The Neighborhood Association has requested that parking be prohibited on both sides of South Creek Drive if the apartments are constructed. The Development Review Board approved the construction of the apartments at their February 4, 1999 with conditions. One of the conditions was the implementation of a No Parking zone on both sides of South Creek Drive adjacent to the proposed apartment complex. Public Works staff evaluated the recommendations and believe it is appropriate to establish the No Parking zone on both sides of South Creek Drive from Juniper Trail south.to Gattis School Road at this time because of existing traffic conditions. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON BOTH SIDES OF SOUTH CREEK DRIVE FROM JUNIPER TRAIL TO GATTIS SCHOOL ROAD; 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. 12.A.2. Consider an ordinance authorizing the placement of stop signs at the following street intersections: on Hilton Head Drive at Forest Creek Drive on Golden Bear Drive at Hilton Head Drive. on Mulligan Drive at Golden Bear Drive, on Fazio Cove at Golden Bear Drive, on Misty Oaks Way at Forest Ridge Boulevard on Misty Oaks Way at Dalea Bluff, on Oak Branch 155 February 25, 1999 at Dalea Bluff, and on Meister Place at Louis Henna Boulevard (First Reading) Staff Resource Person: Tom Word, Traffic Engineer. These stops signs are needed for control of traffic in new subdivisions. Staff recommended approval. Mayor Culpepper read the caption of the ordinance. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF HILTON HEAD DRIVE AND FOREST CREEK DRIVE, GOLDEN BEAR DRIVE AND HILTON HEAD DRIVE, MULLIGAN DRIVE AND GOLDEN BEAR DRIVE, FAZIO COVE AND GOLDEN BEAR DRIVE, MISTY OAKS WAY AND FOREST RIDGE BOULEVARD, MISTY OAKS WAY,AND DALEA BLUFF, OAK BRANCH AND DALEA BLUFF, AND MEISTER PLACE AND LOUIS HENNA BOULEVARD AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Palmer moved to adopt the ordinance. Mayor Pro-tem Stluka seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman 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. Mayor Culpepper dispensed with the order of the agenda with the unanimous consent of all the Councilmembers and addressed the next item. 12.B.2. Consider an ordinance annexing 187.8382 acres of land out of the JM Harrell Survey. A-284 (Kouri Tract). (Voluntary)_(Second Reading) Applicant: 35/45 Investors, L.P. Agent: W.S. Smalling. Staff Resource Person: Joe Vining,Planning Director. The two required public hearings concerning this annexation were held on December 21 and 22, 1998. This is the remainder of the Kouri Tract that is being annexed to complete the land acquisition process for the proposed La Frontera development. The first reading was held on January 28, 1999. The Planning and Zoning Commission unanimously recommended the annexation of this tract. Bill Waeltz, engineer for La Frontera addressed Mr. Tanguma's concerns about the lake and the survey stakes. Mayor Culpepper read the caption of the ordinance. 156 February 25, 1999 ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 187.8382 ACRES OF LAND OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 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. 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. 12.B.1. Consider an ordinance annexing 56.830 acres of land out of the JM Harrell • Survex. A-284 (Neuman Traco. (Voluntary) (Second Reading) Applicant: Cecil Neuman. Agent: W.S. Smalling. Staff Resource Person: Joe Vining,Planning Director. The two required public hearings concerning this annexation were held on December 21 and 22, 1998. 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 first reading of the ordinance was held on January 28,,1999. This tract of land was described originally as 101.26 acres. The southern 44.43 acres lie outside out Round Rock's extraterritorial jurisdiction(ETJ). 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: 56.830 ACRES OF LAND OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 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. 157 February 25, 1999 MOTION: Councilman Joseph moved to adopt the ordinance. 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. 12.B.3. Consider an ordinance concerning adopting original zoning on 58,142 acres of land and rezoning 54.65 acres out of the JM Harrell Surygy. A-284 from C-1 (General Commercial) to District Planned Unit Development 38 (PUD 38)(La Frontera East, (First Reading) On February 17, 1999 the Planning and Zoning Commission recommended PUD 38 zoning on this tract of land. Applicant: Agent: W.S. Smalling. Staff Resource Person: Joe Vining, Planning Director. 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 58.142 ACRES OF LAND AND TO REZONE 54.65 ACRES OF LAND OUT OF THE J.M. HARRELL SURVEY, ABSTRACT 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL)TO PLANNED UNIT DEVELOPMENT (PUD)NO. 38. 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 ,:ff 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 Councihnembers. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka 158 February 25, 1999 Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • 12.B.4. Consider an ordinance adopting original zoning on 192.205 acres of land and rezoning 2.140 acres of land of out of the JM Harrell Survey. A-284 from C-1 (General Commercial) to District Planned Unit Development 39 (PUD 39). (La Frontera Wes!)(First Reading) Applicant: 35/.45 Investors, L.P. Agent: W.S. Smalling. Staff Resource Person: Joe Vining, Planning Director. On February 17, 1999 the Planning and Zoning Commission recommended approval of PUD No. 39 zoning on this tract of land. In response to Councilman Hairston's question,Mr. Vining said that the developer has set aside the right-if-way for SH-45 and he has not dedicated any of the right-of-way to the City. Mr. Martin explained that development will not occur in the area reserved for the right- of-way. • 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 192.205 ACRES OF LAND AND TO REZONE 2.140 ACRES OF LAND OUT OF THE J.M. HARRELL SURVEY, ABSTRACT 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) TO PLANNED UNIT DEVELOPMENT (PUD)NO. 39. MOTION: Councilman Stewart moved to adopt the ordinance. 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. kF 159 February 25, 1999 MOTION: Councilman Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers. Councilman Stewart 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. 12.B.5. Consider an ordinance annexing 88.411 acres of land out of the P A Holder Survey. Abtract 297. (First Reading)(Former Telander Tract) Staff Resource Person: Joe Vining, Planning Director. This annexation is authorized under Section 43.028 of the Local Government Code. A petition for voluntary annexation has been submitted by RRE Investors, L.P. and the City of Round Rock. 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: 88.411 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT 297, 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. 160 February 25, 1999 MOTION: Councilman Joseph moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers. 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. B.A.I. Consider a resolution authorizing the Mayor to execute a Master Agreement Regarding the Convention Center Complex Development with Ryan Sanders Roman, Inc. Staff Resource Person: Steve Sheets, City Attorney. This Master Agreement will govern the relationship between the City of Round Rock and Ryan Sanders Ryan Inc. during the, construction of the Convention Center Complex. Mr. Sheets outlined the draft of the Master Agreement dated 2/25/99. This agreement sets forth the joint cooperation that Round Rock and RSR agreed to engage in during the construction project. This has the potential of being a complex relationship in that the City is the owner of the project and RSR is the lessee and the operator of the Stadium and Convention Center once it is completed. RSR has hired and paid for the architect so the architect works for RSR. The City of Round Rock will contract with the construction firm. There will be four and perhaps five parties, if a Construction Management firm is hired, that will be involved in this project. This Master Agreements sets in writing what staff has been discussing the past year. The agreement is condition upon a successful bond closing that staff expects to occur in mid-March as well as a successful bid, contract.award and entering into a contract with a construction firm. Article 7, Project Costs, is divided into three categories. Those are the Pre-Financial Close Project Costs,Financing Related Project Costs and Post Financial Cost. In Section 7.1 the City agreed to pay a cap of$300,000 towards the Pre-Financial Close Project Cost. This is for the engineering, surveying, testing, legal fees, appraisal services, ERA feasibility studies,preliminary architectural services and other services. In Section 7.2 the City agreed to pay for the financing related project costs. These are typical cost incurred when bonds are issued. 161 February 25, 1999 Mr. Sheets read the following two sentences contained in Section 7.3...." The City's sole contribution to all Post Financial Close Project Costs is the sum of $7,350,000.00 (herein referred to as the "City's Contribution.")"...."RSR agrees and understands that under no circumstances whatsoever shall the City be expected or required to contribute any sum of money in excess of said $7,350,000.00 for Post Financial Close Project Cost; it being the understanding of the Parties that ALL liability for Post Financial Close Projects Costs in excess of the City's Contribution, including but not limited to, cost overruns, Project Construction Change Orders, unforeseen contingencies, additions, modifications, etc. shall be the sole responsibility of RSR"...." Mr. Sheets outlined the changes that were made to the agreement that was in the Council packet. He noted that there are still some minor changes that need to be addressed. Mr. Sheets recommended that the Council authorize the Mayor to execute the agreement with the understanding that there may be a few minor changes and if there is anything major it will be brought back to the Council. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, on January 20, 1999,the City and Ryan Sanders Ryan, Inc. ("RSR") entered into that one certain Convention Center Complex Lease Agreement ("Lease") whereby the City agreed to lease to RSR a convention center complex to be designed by RSR and constructed by the City, and WHEREAS, a Master Agreement Regarding Convention Center Complex Development ("Master Agreement") has been prepared to set forth certain agreements of the City and RSR with respect to the convention center complex, including the terms, conditions and provisions pursuant to which RSR shall design, and the City shall develop and construct the Project, and WHEREAS,the City Council wishes to approve said Master 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 Master Agreement Regarding Convention Center Complex Development, 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 25th day of February, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution contingent to minor changes. Councilman Joseph seconded the motion. 162 February 25, 1999 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 a resolution authorizing the Mayor to execute a corrected Convention Center Complex Lease Agreement. Staff Resource Person: Steve Sheets, City Attorney. This agreement was originally approved on January 20"'. At the time it was understood that RSR's legal name was RSR, Sports, Inc. but in fact the legal name of the Corporation is Ryan Sanders Ryan, Inc. instead of RSR, Sports, Inc. The only changes to the Lease Agreement is the name of the Lessee. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, on January 20, 1999 the City entered into a Convention Center Complex Lease Agreement("Lease"), and WHEREAS, the legal name of the lessee of the Lease was incorrectly stated to be RSR Sports, Inc.,when in fact it should have been Ryan Sanders Ryan, Inc., and WHEREAS, the City and Ryan Sanders Ryan, Inc. now wish to correct the Lease to correct the mistake,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 corrected Convention Center Complex Lease Agreement showing the name of the tenant as Ryan Sanders Ryan, Inc., 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 25th day of February, 1999. 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 163 February 25, 1999 Mayor Culpepper Noes: None ACTION: The motion carried unanimously. Mayor Culpepper asked Mayor Pro-tem Stluka to chair this portion of the meeting so he • could step out of the room for a few minutes. 13.B.1. Consider a resolution authorizing the Mayor to execute a contract with PeggX Smith Croslin for lobbying services. Staff Resource Person: Bob Bennett, City Manager. For the last two years Peggy Smith Croslin has worked as the City's lobbyist and her contract expired last October. Nevertheless, Ms. Croslin has continued to do work for the City in a lobbying capacity. Due to the State Legislature meeting and the City having many items of concern, staff recommended that the Council enter into a contract with Ms. Croslin for lobbying services until the rest of the Legislative Session. Mr. Bennett added that Ms. Croslin help the City establish a broad policy statement concerning the City's legislative intent. Mayor Pro-tem Stluka read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional lobbying services, and WHEREAS, Peggy Smith Croslin, a registered lobbyist, has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with Peggy Smith Croslin,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 Peggy Smith Croslin, for professional lobbying 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 25th day of February, 1999. CHARLES CULPEPPER,Mayor City of Round Rock,Texas MATTEST: 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 164 February 25, 1999 Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper was out of the room when the vote was taken. ACTION: The motion carried unanimously. 13.B.2. Consider a resolution establishing the City's position with respect to anticipated • legislative proposals for the 76" Legislative Session. Staff Resource Person: Bob Bennett, City Manager. This resolution gives recommendations to the lobbyist on what the City's legislative intent is for the 76'Legislative Session. Those recommendations are as follows: 1) Monitor any legislative proposal which would alter the City's authority to impose or collect its portion of the state sales tax; 2) Support efforts to increase the State's funding for transportation related projects; 3) Support efforts to expand the powers of urbanized counties to regulate development outside of the jurisdictions of cities; 4) Supports the 1999 Legislative Program of the Texas Municipal League; 5) Supports efforts that would allow the City to receive additional water resources • from the Colorado River basin. Mayor Pro-tem Stluka read the following resolution. RESOLUTION NO. WHEREAS, the 76th Legislature is anticipated to consider several legislative proposals that would impact the City of Round Rock, and WHEREAS, the City Council wishes'to adopt and establish its recommendations with respect to proposed legislation,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the following recommendations are adopted by the City Council in order to guide the Councilmembers, the city staff, the city's lobbyist, and the City's Representative and Senator with respect to proposed legislation during the 76th Texas Legislative Session: 1) The City Staff should carefully monitor any legislative proposal which would alter the City's authority to impose or collect its portion of the state sales tax; . 2) The City Council supports efforts to increase the State's funding for transportation related projects; 3) The City Council supports efforts to expand the powers of urbanized counties to regulate development outside of the jurisdictions of cities; 4) The City Council supports the 1999 Legislative Program of the Texas Municipal League, including, but not limited to opposing legislation that (a) would limit the City's authority to,govern its own affairs, (b)would limit the City's annexation powers, and(c) impose State..mandates without providing additional funding to support the mandates; and 5) .;.The City Council supports efforts that would allow the City to receive additional water resources from the Colorado River basin. 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. Y 165, February 25, 1999 RESOLVED this 25th day of February, 1999. 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. TE: Ayes: Councilman Hairston Councilman Stewart CouncilmanTalmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Absent: Mayor Culpepper was out of the room when the vote was taken. ACTION: The motion carried unanimously. Mayor Culpepper returned to the dais at this point. 13.C.1. Consider a resolution approving Preliminary Limited Offering Memorandum • Relatingto o City of Round Rock Texas Hotel Occupancy Tax Revenue Bonds, Series 1999 (Convention Center Complex Projectl and authorizing distribution of Preliminary Limited Offering Memorandum. Staff Resource Person: David Kautz, Finance Director. The City connects the Preliminary Limited Offering document with the proposed offering of Hotel Occupancy Tax Revenue Bonds. This document provides the investment community the chief financial details regarding the transaction to help them assess the transaction and the underlining security of the transaction. The document clearly states to the perspective investor that the underlining security for the $8.6 million bond issue is the Hotel Occupancy Tax revenue and not a pledge of the general taxing authority of the City of Round Rock. Mr. Kautz added that attached to this report is the final report from Economics Research Associates (ERA) that the City commissioned. The ERA report assessed the revenue producing demand of the City's hotel industry and has indicated that the underlying revenue stream is sufficient to cover the debt service on this offering. Mr. Kautz noted that the $260,000 that has been set aside to fund ongoing events for tourism within the community that amount of funds is not pledged to this transaction. The City has retained the right to increase that amount by 3% annually. In preliminary discussions with the Underwriters staff has agreed to consider not compounding or not increasing that 3% until 166 February 25, 1999 the year 2004. The City will still receive the funding but the 3% would be available if it was needed as security for the bond issue up until that point. Garry Kimball of First Southwest Company, the City's Financial Advisor, said this document lays out the financial conditions of the project, the financing structure, the security for the bondholders and it's meant to attract interested investors. With the Council's approval the • document will be printed later in the evening and distributed it on Monday or Tuesday to get some Underwriting interest developing and then price the bonds hopefully on March 10'' and return to the Council on March 1 Vh for approval. Mayor Culpepper read the following resolution. RESOLUTION NO. A RESOLUTION APPROVING PRELIMINARY LIMITED OFFERING MEMORANDUM RELATING TO CITY OF ROUND ROCK, TEXAS HOTEL OCCUPANCY TAX REVENUE BONDS, SERIES 1999 (CONVENTION CENTER COMPLEX PROJECT) AND AUTHORIZING DISTRIBUTION OF PRELIMINARY LIMITED OFFERING MEMORANDUM WHEREAS, First Southwest Company, the City's Financial Advisor (the "Financial Advisor"), has prepared a Preliminary Limited Offering Memorandum in connection with the issuance of the City's Hotel Occupancy Tax Revenue Bonds, Series 1999 (Convention Center Complex Project) (the "Bonds"); and • WHEREAS, the City has reviewed the Preliminary Limited Offering Memorandum; and WHEREAS, the City deems it appropriate to approve the Preliminary Limited Offering Memorandum and authorize the distribution of the Preliminary Limited Offering Memorandum; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT: Section 1. APPROVAL AND DISTRIBUTION OF PRELIMINARY LIMITED OFFERING MEMORANDUM. The Council hereby approves the PreliminaryLimited Offering Memorandum substantially in the form attached hereto as Exhibit "A" with such changes, additions or deletions as directed by the Council and City staff. The Financial Advisor to the City is hereby authorized and directed to distribute the Preliminary Limited Offering Memorandum to the Underwriter for further distribution to potential bond purchasers and to do all things necessary to market such Bonds. Section 2. OTHER MATTERS. The Mayor, City Manager or Director of Finance of the City are authorized to do all things proper and necessary to carry out the intent hereof, including the approval of appropriate changes to the Preliminary Limited Offering Memorandum. 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. RESOLVED this 25th day of February, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary 167 February 25, 1999 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. 13.D.1. Consider a resolution supporting an amendment to ARTICLE 16 Section 40 of the Texas Constitution to exempt schoolteachers from the prohibition of acceptingpavment for serving on the City Council. This item is sponsored by Mayor Pro-tem Stluka and co-sponsored by Councilman Hairston. Mayor Pro-tem Stluka said this was discussed at the last Council meeting and is in regard to Councilwoman Chavez's situation along with other schoolteachers in the State serving in local government capacities that are not able to collect their pay. This resolution may help to start a • process that may be able to rectify this situation. Mayor Pro-tem Stluka asked that this itembe added to Ms. Croslin's, the City's lobbyist, agenda to help us walk it through the Capitol to be sure it gets in the right hands and that a copy of the resolution be sent to Senator Ratliff s office. Mayor Culpepper read the following resolution. RESOLUTION NO. A RESOLUTION SUPPORTING THE AMENDMENT OF ARTICLE XVI, SECTION 40 OF THE TEXAS CONSTITUTION TO AUTHORIZE PUBLIC SCHOOL TEACHERS TO RECEIVE COMPENSATION FOR SERVING AS MEMBERS OF THE GOVERNING BODIES OF MUNICIPALITIES. WHEREAS, Article XVI, section 40 of the Texas Constitution provides that individuals who receive all or part of their compensation from of the State of Texas may not serve as members of the governing bodies of school districts, cities, towns, or other local governmental districts unless said individuals renounce the compensation for serving as members of such local governing bodies; and WHEREAS, the Texas Attorney General has interpreted Article XVI, section 40 to prohibit public school teachers from receiving compensation for serving as members of local governing bodies; and WHEREAS, the Attorney General's interpretation of Article XVI, section 40 with regard to public school teachers eliminates a valuable and significant pool of individuals from serving on local governing bodies; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby supports the amendment of Article XVI, section 40 of the Texas Constitution for the purposes of authorizing public school teachers to receive compensation for serving as members of municipal governing bodies. 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 168 February 25, 1999 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 25th day of February, 1999. CHARLIE CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro-tem Stluka moved to approve the resolution. 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. 13.E.1. Consider a resolution authoring the Mayor to execute an agreement with Newland-Round Rock Associates. LP concerning the use of old abandoned houses on the Nash Ranch for the purpose of training firefighters. This item was withdrawn from the agenda. 13.F.1. Consider a resolution authorizin g the City Manager to issue a purchase order to McCoy Lawn Equipment Center for three (3) riding lawnmowers in the amount of$37.290.00. Staff Resource Person: Sharon Prete, Parks and Recreation Director. Four bids were received for the three riding lawnmowers. The low bid did not meet the specifications. Staff recommended award of the bid to McCoy Lawn Equipment Center. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for three riding lawnmowers for the Parks and Recreation Department, and WHEREAS, McCoy's Lawn Equipment Center has submitted the lowest and best bid, • and WHEREAS, the City Council wishes to accept the bid of McCoy's Lawn Equipment Center,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of McCoy's Lawn Equipment Center is hereby accepted as the lowest and best bid and the City Manager is hereby authorized and directed to issue a purchase order to McCoy's Lawn Equipment Center for three riding lawnmowers for the Parks and Recreation Department. 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 169 February 25, 1999 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 25th day of February, 1999. 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. 13.F.2. Consider a resolution rejecting the one bid received for the Lake Creek Park Extension site work. Staff Resource Person: Sharon Prete,Parks and Recreation Director. • The bid came in well over the estimated budget, therefore, staff and the consulting engineer recommended that the City's options be reviewed. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for site grading work at Lake Creek Park, 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 site grading work at Lake Creek Park 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 formallyacted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended, and the Act. RESOLVED this 25th day of February, 1999. 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. 170 February 25, 1999 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.G.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with WCID for the participation in drainage study. Staff Resource Person: Jim Nuse, Public Works Director. Bob Bennett made the staff presentation. This item was discussed at the last Council meeting. The scope of the agreement is that the City will fund one-third (1/3`d) of a study which is $21,666.66. Freese and Nichols will determine the costs of the improvements to bring 46 flood control structures within WCID's jurisdiction up to hydrological adequacy as determined and defined by the Texas Natural Resource Conservation Commission, and in order for the WCID to consider the feasibility of levying an ad valorem tax. Mayor Culpepper read the following resolution. RESOLUTION NO. • WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement ("Agreement") with the Brushy Creek Water Control and Improvement District Number 1 of Williamson and Milam Counties regarding a drainage study,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 25th day of February, 1999. 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 171 February 25, 1999 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.G.2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement • with Williamson County for the annual Household Hazardous Waste Collection Event. Staff Resource Person: Kim Lutz, Environmental Services Manager. This agreement will assist Williamson County by providing personnel, equipment, materials and funds wherever possible. The Household Hazardous Waste Collection Event is scheduled for April 24, 1999 at Westinghouse Motor Co. on the west side of IH-35 from 9:00 a.m. to 12:00 p.m. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock wishes participate in the Williamson County Household Hazardous Waste Collection("Collection") scheduled for Spring 1999, and WHEREAS, an Agreement has been prepared whereby the City will participate in the Collection as a "Local Sponsor" and contribute to the cost of the Collection which will be coordinated by Williamson County, and • WHEREAS, the City Council wishes to approve said Agreement,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement with Williamson County for the participation in and funding of the Williamson County Household Hazardous Waste Collection, 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 25th day of February, 1999. 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. 172 February 25, 1999 13.G.3. Consider a resolution authorizing the Mayor to enter into a Funding_Agreement with the Texas Department of Transportation for the construction of turnarounds and frontage road improvements on IH 35 at FM 1325 (Louis Henna Boulevard/Burnet Road) and at BI 35-L (South Mays Street/Hester's Crossing). Staff Resource Person: Tom Word, Traffic Engineer. The City of Round Rock and the Texas Department of Transportation (TxDOT) are • working as partners to construct three frontage road turnaround structures on IH 35 in Round Rock (two at FM 1325 and one on the south side of Hester's Crossing). The City's participation in the project was approved through the adoption of Resolution No. R-98-02-26-10B. This Funding Agreement establishes in writing the fiscal and contracting arrangements that the City and TxDOT will use in implementing this project. The terms included in the Funding Agreement are consistent with those the City Council agreed to through resolution R-98-02-26- 10B. The project is being funded from the '/z cent sales tax for transportation. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Commission Minute Order 107389 authorizes the Texas Department of • Transportation ("TxDOT") to undertake and complete highway improvements generally described as the construction of turnarounds and frontage road improvements in the City of Round Rock, and WHEREAS, TxDOT requires the City to participate in said improvements by funding a portion of the improvements, and WHEREAS, TxDOT has submitted a Funding Agreement for the construction of turnarounds and frontage road improvements on IH 35 at FM 1325 (Louis Henna Boulevard/Burned Road) and at BI 35-L (South Mays Street/Hester's Crossing), and WHEREAS, the City wishes to enter into said Funding 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 Funding Agreement with TxDOT for the construction of turnarounds and frontage road improvements on IH 35 at FM 1325 (Louis Henna Boulevard/Burned Road) and at BI 35-L (South Mays Street/Hester's Crossing), a copy of said agreement 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 25th day of February, 1999. 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. ti ri February 25, 1999 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.G.4. Consider a resolution to modify the Cijy of Round Rock's recommendations to the Texas Department of Transportation concerningthe he alignment of SH-130 as expressed by the City Council in Resolution No. R-98-02-26-10A on February 26 1998 and to authorize the Mayor to officially communicate the City's refined recommendations to the Texas Department of Transportation. Staff Resource Person: Jim Nuse,Public Works Director. On February 26, 1998, the City Council made recommendations to the Texas Department of Transportation (TxDOT) concerning the alignment and phasing of SH 130 based on the best information that was available at that time. Since then, the City has adopted the Comprehensive Transportation Master Plan after over a year of technical study and extensive public involvement. • Through the transportation plan study, the City has identified a better overall transportation solution for the City and the region which places SH 130 east of the City of Round Rock, instead of being routed through the City. With the adoption of the Transportation Plan, the City now needs to officially"advise TxDOT of our refined recommendations concerning the alignment of SH 130. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Texas Department of Transportation ("TxDOT") has proposed a new highway to be constructed roughly parallel to Interstate 35 from the City of Georgetown to the City of Seguin, and WHEREAS, TxDOT has designated the proposed highway as State Highway 130 ("SH 130"), and 11, WHEREAS, several alternate routes are under consideration for SH 130 in the southern • Williamson County/City of Round Rock area, and WHEREAS, the City, through the adoption of Resolution No. 98-02-26-10A on February 26, 1998, made specific recommendations to TxDOT concerning the alignment and phasing of SH 130 based upon the best information available at the time, and- WHEREAS, after one year of comprehensive technical study and very extensive public involvement, the City has recently adopted the Comprehensive Transportation Master Plan, which now serves as the official transportation policy of the City, and WHEREAS, the Comprehensive Transportation Master Plan recommends that SH 130 be developed on an alignment east of the City, and WHEREAS, the City Council of Round Rock wishes to express to TxDOT its refined recommendations concerning the alignment of SH 130 as now embodied in the transportation policy of the City,Now Therefore 174 February 25, 1999 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the following recommendations are hereby made to TxDOT: 1. It is recommended that the preferred route for SH 130 should be alternative W5 or W6. 2. It is recommended that the preferred route for SH 45 should follow Louis Henna Boulevard from IH 35 east to the old MKT Railroad right-of-way (TxDOT's route for alternates Wl and W2 for SH 130), at which point SH 45 should turn south and follow the alignment of alternates Wl/W2 of SH • 130 to the intersection with proposed SH 130 alternates W51W6 in northern Travis County. 3. It is recommended that the first phase of SH 130 be constructed from SH 45 to at least as far south as SH 71 at the new Austin Bergstrom Airport. As part of this first phase, SH 45 should also be constructed from IH 35 to the intersection with SH 130 in northern Travis County. 4. It is recommended that SH 130 alternatives Wl (north of SH 45), W2 (north of SH 45), W3, and W4 be eliminated from further consideration. 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 25th day of February, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman Hairston • 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. 13.G.5. Consider a resolution authorizing the Mayor to execute a Right-of-Entry agreement for the Wilson, Anderson. and Leppin tract for the acquisition of right-of-way for Greenlawn Boulevard. Staff Resource Person: Tom Word, Traffic Engineer. • The City is currently acquiring right of way for the extension of Greenlawn Boulevard from Louis Henna Boulevard to IH 35. One of the tracts required for the construction of the project is the Wilson, Anderson, and Leppin tract. The owners of the tract have agreed to execute a Right-of-Entry agreement which assigns to the City an irrevocable right-of-entry, possession, and construction easement. The agreement will allow the City to proceed to construction of the project while negotiations for the right of way tract continues. In exchange for signing the Right- `t 175 February 25, 1999 of-Entry agreement, the City will pay the current owners of the tract the City's appraised value for the tract of $347,177.00. This payment will be credited against and applied to the final purchase price, Special Commissioner's award, or subsequent judgement in any condemnation proceeding for the acquisition of the tract. The project is being funded from the %Z cent sales tax • for transportation. Staff recommended approval. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City desires to acquire additional right of way to facilitate the extension of Greenlawn Boulevard, and WHEREAS, Milford Anderson, Jr., Wilbur A. Wilson, and David W. Leppin, the owners of the property,have agreed to grant said right of way 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 Right of Entry, Possession and Construction Easement with Milford Anderson, Jr., Wilbur A. Wilson, and David W. Leppin for the conveyance of additional right of way to facilitate the extension of Greenlawn Boulevard, a copy of said Right of Entry, Possession and Construction Easement 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 25th day of February, 1999. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilwoman Chavez seconded the motion. 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. 13.G.6. Consider a resolution authorizing the Mayor to execute Contract Change Order No. 4 to Chasco Contracting for the Downtown Storm Drainage and Street Improvement Project. Staff Resource Person: Tom Word,Traffic Engineer. During the construction of the storm sewer system on Liberty Street between Sheppard Street and Lampasas Street it was discovered the existing roadway base varied in quality and 176 February 25, 1999 constant thickness from that indicated by the soils investigation boring taken on this block. The soil boring indicate 6 inches of flexible base and 1-1/4 inches of asphalt surface which led to the design of a strengthening 3-1/2 inch asphaltic concrete level-up and overlay course which would provide an adequate section for this street. The storm sewer excavation exposed the inconsistent quality and thickness of existing base in this block and our consulting engineer,Martinez, Wright • and Mendez, Inc. recommends reconstruction of this block with which staff concurs. This change order, which is an increase in quantities at the contract unit prices, is $22,541.60, which makes the current contract amount $1,177,180.80. The funding source is 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 Chasco Contracting, Inc. for the Downtown Storm Drainage and Street Improvement 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 Downtown Storm Drainage and Street Improvement 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 25th day of February,.1999. 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: Mayor Pro-tem Stluka • Councilman Hairston Councilman Stewart CouncilmanPalmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.11.1. Consider a resolution authorizingthe he Ci Manager to issue a purchase order for 177 February 25, 1999 the purchase of Brodart shelving as sole source for the Library. Staff Resource Person: Dale Ricklefs, Library Director. As part of the Library expansion, the Library will need additional wood/metal shelving in the adult section. As this shelving must match exactly to existing Brodart shelving, staff • recommended that the shelving sole source be purchased. The cost for purchasing the Brodart shelving,based on the RFI from the area representative, is $85,208.76. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has a need for additional wood/metal shelving in connection with the library expansion, and WHEREAS,pursuant to Section 252.022(a)(7) of the Local Government Code,bids were not required since the item is available from only one source, and WHEREAS, A. Bargas & Associates has submitted a proposal to provide said shelving, and WHEREAS, the City Council wishes to accept the proposal of A. Bargas & Associates, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposal of A. Bargas & Associates is hereby accepted and the City Manager is hereby authorized and directed to issue a purchase order to A. Bargas & Associates for wood/metal shelving in connection with the library expansion. • 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 25th day of February, 1999. 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: 178 February 25, 1999 15.A. Consider payment of $11,874.00 to Associated Consulting Engineers, Inc for wastewater pipeline rehabilitation projects. The current contract price is $19,790.00 and the project is funded from Wastewater System Construction Funds 15.B. Consider payment of $12,319.97 to Psencik Construction Ltd for backflow prevention devices. The current contract price is $129,523.00 and the project is funded from • Water/Wastewater System Construction Funds. 15.C. Consider payment of$21,120.00 to S. D. Kallman. Inc. for engineering services associated with the reconstruction of Chisholm Trail from Wolle Lane to IH-35. The current contract price is $29,900.00. 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: Bob Bennett referred to the draft Public Works Construction Projects Schedule that was provided to the Council. He added that if the document needs to be improved to contact him. COUNCIL COMMENTS: Councilman Hairston wished his wife, Terrie, a Happy Birthday. Councilman Stewart thanked the Parks and Recreation Department for suspending the basket of daffodils in front of the Chamber of Commerce. Councilman Palmer said he read in the paper that he was a Councilman in 1900. He added that he hasn't been here that long. • Mayor Culpepper said, "Well, Earl, if it's in the newspaper you know it has to be true." Councilwoman Chavez reminded everyone about the groundbreaking ceremonies for the Convention Center Complex/Stadium on Friday, February 26'. She encouraged everyone to attend and watch the Mayor"go up against Nolan Ryan." t` 179 February 25, 1999 Mayor Culpepper congratulated the Chisholm Trail Middle School 8ffi Grade Boys Basketball "A" Team and `B" Team who won District for the second year in a row. Mayor Culpepper reminded everyone that the Annual Round Rock Dragon Hardball Classic is being played on Friday and Saturday. He encouraged everyone to attend the games and support the • Dragons. EXECUTIVE SESSION 18.A. Executive Session as authorized by §551.072 Government Code, related to the purchase of real property. 1) 500 Chisholm Trail: George Clark Estate The Council entered into Executive Session at 9:35 p.m. and adjourned back into Regular Session at 9:47 p.m. ACTION RELATIVE TO EXECUTIVE SESSION: 19.A. Consider discussion and/or action related to the purchase of real property.. 1) 500 Chisholm Trail: George Clark Estate • MOTION: Councilman Palmer moved to authorize the City Attorney to proceed as discussed in Executive Session. 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. ADJOURNMENT: There being no further business,the meeting adjourned at 9:50 p.m. Respectfully Submitted, • anne Land,Assistant City Manager/ City Secretary 180 March 11, 1999 The Round Rock City Council met in Regular Session on Thursday, March 11, 1999 in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE 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 Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. City Manager Bob Bennett was home due to illness. EXECUTIVE SESSION: 3.A. Executive Session as authorized by §551.071 Government Code, related to pending or contemplated litigation to wit: 11 Cause No 97-182-C277: Janie E. Cleveland and Wayne A. Cleveland vs. City of Round Rock. 21 Castillo vs. City of Round Rock 3) Bandolier Corporation d/b/a Reconstruction Specialties Company vs. City of Round Rock • 3.B. Executive Session as authorized by §551.072 Government Code,related to the purchase of real property: Campbell/Clark land acquisition. The Council entered into Executive Session at 6:05 p.m. and adjourned at 6:50 p.m. ACTION RELATIVE TO EXECUTIVE SESSION: 4.A. Consider discussion and/or action related to pending or contemplated litigation to wit: 1) Cause No 97-182-C277, Janie E. Cleveland and Wayne A. Cleveland vs. CitX of Round Rock. MOTION: Councilman Palmer moved to accept the recommendation as presented by the City Attorney in the Executive Session. 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. 181 March 11, 1999 .2) Castillo vs. City of Round Rock 3) Bandolier Corporation d/b/a Reconstruction Specialties Company vs. City of Round Rock No action was taken on items No. 2 and No. 3. • 4.B. Consider discussion and/or action related to the purchase of real property Campbell/Clark land acquisition. MOTION: Councilman Hairston moved to extend the $16,000 to purchase the right of redemption for the Campbell/Clark property. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Palmer Councilwoman Chavez Councilman Joseph Noes: Councilman Stewart Mayor Culpepper ACTION: The motion carried unanimously. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE • ROLL CALL: Those members present were Mayor Charles Culpepper,erMayor Pro-tem p Y Robert Stluka, Councilman Earl M. Hairston, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Also present were Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. City Manager Bob Bennett was absent due to illness. APPROVAL OF MINUTES: February 25, 1999 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: 182 March 11, 1999 Todd Housh, 1814 Provident Lane, asked for the Council's approval on, Item 14B2, the closing of streets on March 27, 1999 for the Annual Sam Bass Youth Baseball League Opening Day Parade and ceremonies. PROCLAMATIONS: 10.A. Consider a proclamation proclaiming March 12-14, 1999 as Garden Ridge Pottery • "Pride Days". Staff Resource Person: Joanne Land, Assistant City Manager. Mayor Culpepper read the appropriate proclamation and presented it to Gwen Hatch, General Manager of Garden Ridge No. 6. Ms. Hatch outlined activities that were being planned for Pride Days. PRESENTATIONS: 11 A 1 Consider a presentation by the Chairman of the Historic Preservation Commission on the 1999 Local Legend Awards Staff Resource Person: Joe Vining,Planning Director. Bob Brinkman, Chairman of the Historic Preservation Commission,presented the first Local Legend Award to Robert G. Griffith. Mr. Griffith has lived in Round Rock for 40 years. He was a Round Rock Independent School District teacher, coach, Jr. High School and High • School Principal. Mr. Griffith served on the Round Rock City Council as a Councilmember, Mayor Pro-tem and Mayor and is currently a member of the Ethics Commission. Mr. Griffith is involved in many civic activities and has been involved in many accomplishments the City has experienced. Ellen Macauley,member of the Historic Preservation Commission,presented the second Local Legend Award to Lone Star Bakery. Lone Star Bakery has been an intricate part of Round Rock for 73 years and people come from miles around to purchase some of the famous Round Rock donuts. The Local Legend Award was presented to Mr. and Mrs. Cohrs the current owners of Lone Star Bakery. Mr. Brinkman presented the third Local Legend Award to Tino Hernandez. Mr. • Brinkman noted that Mr. Hernandez was born and raised in Round Rock and attended elementary,middle school and high school all on one campus,which is currently the location of C.D. Fulkes Middle School. He left Round Rock to pursue his education and a career only to return home. Mr. Hernandez is active in numerous clubs and causes which have benefited many people. In 1993,he revived the"Just Because" Christmas project which is another community- 183 March 11, 1999 wide effort to help the needy.Mr. Brinkman concluded that Mr.Hernandez's modesty is overwhelming and is quick to point out that so many people do so much and never get mentioned or noticed. He added that, "Tino Hernandez is truly a Round Rock legend and is quite deserving of the Local Legend Award." • Each recipient thanked the Council and Historic Preservation Commission for their award. 11.A.2. Consider a presentation of the Program Year 1999 Community Development Action Plan. Staff Resource Person: Joe Vining,Planning Director. Tim Jenkins, Senior Planner presented an update on community development activities that will be implemented this month. The projects for the Program Year 1999 Community Development Action Plan are as follows: Project 1: Neighborhood Revitalization Activities Activity 1-1:Mesa Park Area Improvements • Sidewalks on Georgetown Stree and Mesa Park Drive • Joggingibicycle trail, landscaping in Mesa Park • • Streetlights and trail lighting for the Park Activity 1-2:Downtown Parks Improvements • Memorial Park Playscape • Veterans Park Playscape Project 2: Economic Opportunities Strategy Activity 2-1:Entrepreneurs Assistance Center and Network • Assistance Center and"micro-incubator"in Johnson Building • Self-help Research Center in City Library • Professional Network/mentors and On-line assistance network Activity 2-2: Support to Multi Institutional Teaching Center(MITC) • • Identify potential eligible activities • Coordinate with MITC Workgroup Project 3: Home Ownership Assistance Program Activity 3-1:Down payment Assistance Program • City program for eligible applicants 9 Administer assistance loans for up to $5,000 each 184 March 11, 1999 Activity 3-2:Employer Assisted Housing Initiative • Apply for TDHCA funding in partnership with HomePlanUSA • Identify Participating Employers • Eligible participants apply through employer and HomePlan,USA Project 4: Office of Community Development • Program Administration • Organization • Grant Management • Public Involvement and Project Advisory Groups Budget and Finance • Budget amendment to establish program and project line items • Establish system for fund transfers and disbursements l l.A.3. Consider a presentation on the Sustainability Indicators Project. Staff Resource Person: Joe Vining,Planning Director. The Sustainability Indicators Project is being undertaken by a diverse group of residents who are committed to the sustainability of the Williamson, Travis and Hays Counties. They have • agreed that business, environmental and social interests are completely interrelated and must be addressed as such in order to sustain a productive economy, a desirable environment, and a just society. They intend to work towards a higher quality of life for all residents and have identified sustainability indicators as an important tool which will inform citizens about trends and their implications for the future of the region. These residents have organized an advisory board of approximately fifty people, eleven of whom form an executive committee. The composition of the advisory board reflects the desire to include an equal portion of people representing economic, environmental and social interests while also maintaining a good mix of genders, ethnicities, and local communities. The reasons for undertaking a sustainability indicators project is: • • to provide a vehicle for resident to articulate their values • to facilitate the community's development of a consensus about and commitment to a sustainable future 185 March 11, 1999 • to measure changes of specific phenomena in order to provide residents with important information, set goals and evaluate performance and encourage behavior and policy changes • to focus attention of what can lead to positive change • • to help guide the distribution of resources 11 B 1 Consider a presentation concerning an update of the Hotel Occupancy Tax Ordinance. Staff Resource Person: David Kautz,Finance Director. Mr. Kautz outlined the proposed changes to the ordinance. He noted that changes to the existing local Hotel Occupancy Tax are minor in nature and are intended to reflect amendments made by the State Legislature to the law governing the local hotel occupancy tax. The ordinance will be brought to the Council's next meeting for consideration. 11.C.1. Consider a presentation concerning the status of the construction of the Convention Center Complex/Stadium. Staff Resource Person: Jim Nuse, Public Works Director. Mr.Nuse gave an update concerning the construction of the Convention Center/Stadium. He outlined the following Construction Package Schedule: • Package"Al"- (This package will be handled 100%b RSR and will not be a Ci bid Y City proj ect) Site grading, limited parking base,rough grading of seating bowl and field, structural concrete piers Estimated Cost- $740,000 Bid- 5/26/99 Start-4/1/99 Package"A2"-- (This package will be handled 100%by RSR and will not be a City bid project) Underground utilities: (fire loop;wastewater,water, electric, gas, and phone services) road/parking base Estimated Cost- $932,000. Bid- 5/15/99 Start- 5/22/99 • Steel - (This will be a City bid project.) Structural steel to fabricators for materials only Estimated Cost- $936,000 Bid- 5/15/99 Start- 5/22/99 Package`B" Remaining work not described above Estimated Cost- $11,864,336 Bid- 6/15/99 Start- 7/1/99 186 March 11, 1999 Mr. Nuse outlined the entry road design for the Park and Stadium. PUBLIC HEARINGS: 12.A.1. Consider public testimony to rezone 1.578 acres from I-1 (Industrial) to C-1 (General Commercial) (Roberts Tract). Staff Resource Person: Joe Vining,Planning Director. Applicant: D & S Roberts. Agent: Stendebach&Associates. • This parcel is surrounded by C-1 zoning and is identified by the General Plan as a commercial tract. Staff recommended approval of the rezoning request. Mayor Culpepper opened the public hearing. There being no public testimony,the public hearing was closed. 12.A.2. Consider public testimony to annex and adopting original zoning of District PUD fanned Unit Developmeno No 36 on 101.301 acres of land. (Hickerson Tract) Staff Resource Person: Joe Vining,Planning Director. Applicant: Doyle Hickerson. This annexation is authorized under Section 43.028 of the Local Government Code. A petition for voluntary annexation has been submitted by Doyle Hickerson. The proposed PUD zoning permits Business Park uses as defined in the PUD agreement. Development standards provide for landscape buffers, screening of trash receptacles and mechanical equipment, limitations in heights and setbacks, and special sign regulations. It prohibits certain noxious uses which are incompatible with residential development, for example automotive services p p p trucking terminals, sexually oriented businesses, and mini-warehouses. Mayor Culpepper opened the public hearing for items 12A2 and 12A3. Terry Hagood, representing Mr. Hickerson, described the property as it currently exists. He noted that any development that occurs on the tract will be a dramatic change to the area. Mr. Hickerson compromised on a lot of the issues of concern by the residents. Don Kent, 1621 Windy Park, expressed his concern on the setback of the development. He asked that the setbacks be increased 150 feet for single story, 200 feet for two stories and 300 feet for three story buildings. Mr. Kent said that he would rather have residential homes in the • area rather than large buildings. Dick Warner, 2107 Logan Drive, said that he did not understand how development can occur on the tract when Arterial`B"has not been built and they will not know how close the buildings will be to the roadway. r � 187 March 11, 1999 Jesus Franco, 208 S. Blair, apologized for his late arrival and wanted to know what was for 12AL Mr. Franco was informed that the owner currently owns Cabbages and proposed Y g Kings, an arts and crafts retail shop. The owner proposed to move her business to that location. Michelle Loomy, 1732 Windy Park Circle, said she was offended by the comment made • by Mr. Hagood. She added that she did not expect the area to stay as a farm and did not realize that such a development was being planned for that area. She said that the residents that live outside the boundaries of the notification requirements should have been notified of the development. Susan Fiske, 1746 Windy Park Circle, expressed her concern on the setback of the buildings adjacent to the residents and added that it needs to be moved further away from the homes. Ms. Fiske asked that one story buildings be considered for the area that abut the residential properties. Ken Lounsbury,Elder Way, expressed his concern on the setbacks of the proposed buildings. He suggested that the setbacks should be increased and to move the two story buildings back 100 feet and 200 feet for three story buildings. The greenscape should be 25', 50', • and 100'. Allen Siegers, 1711 Morningside Cove, asked that the setbacks be increased. Amy Courtney, 1750 Windy Park Circle, expressed her concern with the development. She said the buildings will dominate the residential homes. Ms. Courtney asked that the setbacks be increased. There being no further testimony,the public hearing was closed. 12.A.3. Consider public testimony to rezone 67.807 acres of land from SF-2 (Single Family-Standard Lot)to PUD (Planned Unit Development)No. 37. (Hickerson Tract) Applicant: Doyle Hickerson. Staff Resource Person: Joe Vining,Planning Director. The proposed PUD permits a limited amount of Local Commercial Zoning on Tract 1 • (approximately 8 acres) and Business Park use on both Tract 1 and 2. It prohibits certain noxious uses which are incompatible with residential development and which would be unsightly along Gattis School Road, for example automotive services, trucking terminals, sexually oriented businesses, and mini-warehouses. It also sets out additional landscaping and screening standards for the Business Park development. The public hearing for this item was combined with 12A2. 188 March 11, 1999 ORDINANCES: 13.A.1. Consider an ordinance annexing 101.301 acres of land out of the Asa Thomas urveX, Abstract No. 609, Williamson County, Texas. (Hickerson Traci) (First Reading). Staff Resource Person: Joe Vining,Planning Director. Applicant: Doyle Hickerson. This annexation is authorized under Section 43.028 of the Local Government Code. Doyle Hickerson has submitted a petition for voluntary annexation. 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 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 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. MOTION: Councilman Palmer 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. 189 March 11, 1999 13.A.2. Consider an ordinance adopting original zoning of District PUD (Planned Unit DevelopmentNo 36 on 101,301 acres of land (First Reading) (Hickerson Tract) Staff Resource Person: Joe Vining,Planning Director. Applicant: Doyle Hickerson. On February 17, 1999,the Planning and Zoning Commission recommended adoption of • original PUD zoning on this tract of land. Mayor Pro-tem Stluka asked that 63 feet be added to the 50-foot buffer making it 113 feet to the one story building. Mayor Culpepper asked if the parking can be situated after the 50-foot buffer. Mr. Hagood said that is acceptable to the owner. Mr. Hagood noted that the trees that are proposed for the development would provide a continuous 365-day a year screen with a minimum height of 8 feet. The second reading of the ordinance will considered at the next Council meeting to allow staff time to incorporate the recommendations of the Council. 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 101.301 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT 609, IN ROUND ROCK, WILLIAMSON COUNTY,TEXAS PLANNED UNIT DEVELOPMENT (PUD)NO. 36. MOTION: Councilman Palmer moved to adopt the first reading of the ordinance. Councilman Joseph 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. • 13.A.3. Consider an ordinance rezoning 67.807 acres of land from SF-2 (Single Family- Standard Lot)to PUD Planned Unit Development)No 37 (Hickerson Traci). (First Reading). Staff Resource Person: Joe Vining,Planning Director. Applicant: Doyle Hickerson. On February 17, 1999,the Planning and Zoning Commission recommended adoption of original PUD zoning on this tract of land. Staff recommended that only the first reading of the 190 March 11, 1999 ordinance be approved at this time. The second reading of the ordinance will be brought back to the Council's next meeting so PUD No. 36 and PUD No. 37 can be addressed at the same time. 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 RE-ZONE 67.8070 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT 609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT(PUD)NO. 37. MOTION: Mayor Pro-tem Stluka moved to adopt the first reading of the ordinance. 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. 13.A.4Consider an ordinance rezoning 1.5 8 ac from 1-1 Industrial to -1G eneral • Commercial�(Roberts Traco. (First Reading) Staff Resource Person: Joe Vining,Planning Director. Agent: Stendebach&Associates. Applicant: D & S Roberts. On February 17, 1999, the Planning and Zoning Commission recommended rezoning this tract of land. 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 1.578 ACRES OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT I-1 (GENERAL INDUSTRIAL) TO • DISTRICT C-1 (GENERAL COMMERCIAL). 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 x 191 March 11, 1999 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. 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. 13.A.5. Consider an ordinance setting the date time and place for a public hearing on land use assumptions and the capital improvements plan used in calculating water and wastewater impact fees. (First Reading). Staff Resource Person: Joe Vining,Planning Director. Applicant: City of Round Rock. • This ordinance will establish a public hearing on May 27, 1999 to consider the Land Use Assumptions and the Capital Improvements Plan(CIP)within the designated service area. The land use assumptions and CIP will be used to develop the capital improvements plan in which an impact fee may be imposed,pursuant to Chapter 395 of the Local Government Code. This joint hearing is an effort to provide a forum for the public that would give the opportunity for the Advisory Committee and the Council to hear public comment in one hearing, Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARING AND TO SEND NOTICE BY CERTIFIED MAIL TO CERTAIN PERSONS; AUTHORIZING THE DIRECTOR OF PLANNING AND COMMUNITY • DEVELOPMENT TO PREPARE LAND USE ASSUMPTIONS AND THE CAPITAL IMPROVEMENTS PLAN USED IN CALCULATING WATER AND WASTEWATER IMPACT FEES IN ACCORDANCE WITH CHAPTER 395 OF THE LOCAL GOVERNMENT CODE. MOTION: Councilman Stewart moved to adopt the ordinance. Mayor Pro-tem Stluka seconded the motion. TE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart 192 March 11, 1999 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 p p g • 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. 13.B.1 Consider an ordinance prohibiting parking on both sides of South Creek Drive from Juniper Trail south to Gattis School Road. (Second Reading) Staff Resource Person: Jim Nuse,Public Works Director. • The South Creek Neighborhood expressed concern on the changes in traffic that will occur when the apartments are constructed on both sides of South Creek Drive at Gattis School Road. The Neighborhood Association requested that parking be prohibited on both sides of South Creek Drive if the apartments are constructed. The Development Review Board approved the construction of the apartments at their February 4, 1999 with conditions. One of the recommendations was the implementation of a No Parking zone on both sides of South Creek Drive adjacent to the proposed apartment complex. Staff evaluated the recommendations and believe it is appropriate to establish the No Parking zone on both sides of South Creek Drive from Juniper Trail south to Gattis School Road at this time because of existing traffic conditions. The first reading of the ordinance was approved on February 25, 1999. • Mayor Culpepper read the captionof the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON BOTH SIDES OF SOUTH CREEK DRIVE FROM JUNIPER TRAIL TO GATTIS SCHOOL ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 193 March 11, 1999 MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Stewart 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. 13.B.2. Consider an ordinance authorizing the placement of stop signs at the following street intersections: on Hilton Head Drive at Forest Creek Drive, on Golden Bear Drive at Hilton Head Drive. on Mulligan Drive at Golden Bear Drive. on Fazio Cove at Golden Bear Drive, on Misty Oaks Way at Forest Ridge Boulevard, on Misty Oaks Way at Dalea Bluff on Oak Branch at Dalea Bluff. and on Meister Place at Louis Henna Boulevard. (Second Reading) Staff Resource Person: Jim Nuse, Public Works Director. Mayor Culpepper read the caption of the ordinance. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF HILTON HEAD DRIVE AND FOREST CREEK DRIVE, GOLDEN BEAR DRIVE AND HILTON HEAD DRIVE, MULLIGAN DRIVE AND GOLDEN BEAR DRIVE, FAZIO COVE AND GOLDEN BEAR DRIVE, MISTY OAKS WAY AND FOREST RIDGE BOULEVARD, MISTY OAKS WAY AND DALEA BLUFF, OAK'`BRANCH AND DALEA BLUFF, AND MEISTER PLACE AND LOUIS HENNA BOULEVARD AS STOP INTERSECTIONS; 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: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez >>_ Mayor Culpepper • Noes: None Councilman Joseph was out of the room when the vote was taken. ACTION: The motion carried unanimously. 13.C.1. Consideration of Ordinance Authorizing the Issuance, Sale and Delivery of"Ci tX of Round Rock, Texas Hotel Occupancy Tax Revenue Bonds. Series 1999 (Convention Center Complex Project)". Approving and Authorizing a Limited Offering Memorandum and the 194 March 11, 1999 Distribution Thereof; Authorizing the Execution of a Bond Purchase Agreement, a Trust Indenture and a Paying Agent/Registrar Agreement; and Approving and Authorizing all Other Instruments and Procedures Related Thereto. (First Reading). Staff Resource Person: David Kautz, Finance Director. This item was withdrawn from the agenda at the request of staff. 13.D.1. Consider an ordinance adopting theeg neral government Capital Improvement • Program spending plan. , irst Readings Staff Resource Person: Bob Bennett, City Manager. A presentation was made on this item at the last meeting. This spending plan outlines the expenditures to be made for various general improvements over the course of next year. The second reading of the ordinance will be held at the next Council's meeting. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE ADOPTING A GENERAL GOVERNMENT CAPITAL PROJECTS SPENDING PLAN; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilwoman Chavez moved to adopt the ordinance. Councilman Hairston seconded the motion. TE: 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: 14.A.1. Consider a resolution authorizing the Mayor to execute Change Order No. 1 in the amount of $347,489.73 with Cunningham Constructors, Inc. for the expansion of the proposed disinfection basin at the water treatment plant. Staff Resource Person: Jim Nuse,Public Works Director. • Cunningham Constructors is currently under contract for the Water Treatment Plant Disinfection Basin and Washwater Recovery Improvements. Due to accelerated design schedules to related Water Treatment Plant improvements, staff recommended to expand the basin at this time which will help facilitate the future expansion. Mayor Culpepper read the following resolution. 195 March 11, 1999 RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Cunningham Constructors & Associates for a Disinfection Basin and a Washwater Recovery Pump Station at the Water Treatment Plant, 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 Cunningham Constructors &Associates for a Disinfection Basin and a Washwater Recovery Pump Station at the Water Treatment Plant. 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 11th day of March, 1999. 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. 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. Y 14.A.2. Consider a resolution authorizing the Mayor to execute an agreement with Associated Consulting Engineers for engineering services to developplans and specifications for seven (7) wastewater rehabilitation projects throughout the City„ Staff Resource Person: Jim Nuse,Public Works Director. Improvements to the Circle Drive wastewater line was added to this contract to expedite the repair of this neighborhood wastewater line. Associated Consulting Engineers has recently • _ completed the preliminary engineenng report for six (6) of the projects which included Stone Street, Lake Creek Circle and Burnet Street, Fannin Avenue and Milam Street, Bellview Avenue and Christopher Avenue,Zephyr Lane, and FM620. Staff recommended award of this contract to Associated Consulting Engineers at a cost of $76,390.00. Mayor Culpepper read the following resolution. 196 March 11, 1999 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the development of plans and specifications for seven wastewater rehabilitation projects throughout the city, 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 the development of plans and specifications for seven wastewater rehabilitation projects throughout the city, 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 1 lth day of March, 1999. 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. 14.A.3. Consider a resolution authorizing the Mayor to execute an agreement with Architecture Plus for facility planning of existing and future sites. Staff Resource Person: Jim Nuse,Public Works Director. This proposal will evaluate approximately 10 sites for space, parking, utilities and expansion to determine a needs assessment for Administration, Planning, Data Processing, • Finance,Human Resources,Municipal Court, Public Works, Police, Fire and PARD in 5, 10 and 20 year increments. The agreement will not exceed $21,400. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for facility planning of existing and future sites, and 197 March 11, 1999 WHEREAS, Austin Architecture Plus, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Austin Architecture Plus, 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 Austin Architecture Plus, Inc. for architectural services for facility planning of existing and future sites, 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 11th day of March, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro-tem Stluka moved to approve the resolution. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart • Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: .None TI :"'The motion carried unanimously. 14.A.4. Consider a resolution authorizing the Mayor to execute a developer participation contract with City of Round Rock and Round Rock Hospitality, L.P. for the construction of offsite drainage improvements. Staff Resource Person: Jim Nuse, Public Works Director. The City's share of the construction of a storm sewer system as a part of the Chisholm Trail Regional Storm Water Project is $87,912 and will be repaid under the Regional Drainage Program as future development occurs. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS,the City of Round Rock desires to enter into an agreement with Round Rock Hospitality, L.P., a Texas limited partnership, and A.L. Patel, Trustee (hereinafter jointly referred to as the "Developer") to participate in the construction of a storm sewer system as a part of the Chisholm Trail Regional Storm Water Project; and WHEREAS, Vernon's Texas Codes Annotated, Local Government Code, Subchapter C, §212.071 et. seq. authorizes municipalities with a population of 50,000 or more to make a contract with a developer for the developer to construct public improvements related to the development and the municipality to participate in their cost; and 1 ,9 8 March 11, 1999 WHEREAS, such agreement is embodied in the attached Developer Participation Contract for Public Improvements;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 the attached Developer Participation Contract for Public Improvements for Stormwater System Improvement for Storm Sewer/Drainage, said contract covering a portion of the Chisholm Trail Regional Storm Water Project. The City Council hereby establishes the limit of participation by the City of Round Rock at $87,912.00 or 30% of the total contract price, whichever is less. The limit of participation is • understood to mean the maximum amount of reimbursement to the Developer by the City. The City Council hereby establishes that'the limit of the City's liability is only for the agreed payment of its share as a lump sum payment. 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 1 lth day of March, 1999. 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. 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. 14.A.5. Consider a resolution authorizing the Mayor to execute an agreement with Martinez. Wright. and Mendez for engineering services associated with Lake View Cove water line replacement and Pavement Repair Project. Staff Resource Person: Jim Nuse, Public Works Director. This street is in very poor condition and is not properly served for fire protection. The fee for the engineering services is $11,200. • Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services associated with the Lake View Cove Waterline Replacement and Pavement Repair Project, and WHEREAS, Martinez, Wright & Mendez, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Martinez, Wright &Mendez, Inc.,Now Therefore Y{ 199 March 11, 1999 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 Martinez, Wright & Mendez, Inc., for engineering services associated with the Lake View Cove Waterline Replacement and Pavement Repair Project, 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 11th day of March, 1999. 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. Mayor Pro-tem Stluka chaired this portion of the meeting. 14.A.6. Consider a resolution authorizing the Mayor to execute an agreement with S. D. Kallman. Inc. for engineering services to study Ganzert and Dry Branch stormwater. Staff Resource Person: Jim Nuse,Public Works Director. This study will update prior work to insure proper stormwater protection is in place with the development in these basins. The budget for this project is set at$26,900 and will be paid for by Regional Detention. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services to study Ganzert and Dry Branch stormwater, 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 services to study Ganzert and Dry Branch stormwater, a copy of said agreement being attached hereto and incorporated herein for all purposes. 200 March 11, 1999 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 11th day of March, 1999. 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 Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Mayor Culpepper was out of the room when the vote was taken. ACTION: The motion carried unanimously. Mayor Culpepper returned to the dais. • 14.A.7. Consider a resolution authorizing the Mayor to execute an agreement with Round Rock Village Square L.P. for a cost sharing agreement for a 16" waterline along Louis Henna Boulevard. Staff Resource Person: Jim Nuse,Public Works Director. Mr. Kugler intends to sub-divide'his property which is, located within the City limits along Louis Henna Boulevard. In order to develop the property it is necessary to construct a sixteen-inch water line along the southern property lines of the property for a length of approximately 425 linear feet. The Developer has agreed to participate with the City in the equal cost of the construction of the water line to provide water service on a temporary basis to Lot 1 of his subdivision. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, Round Rock Village Square, L.P., ("Developer") intends to sub-divide a certain 3.877 acre tract of land located within the City limits along Louis Henna Boulevard into a 0.927 acre tract and a 2.950 acre tract("Properties"), and WHEREAS, it is necessary to construct a sixteen inch water line along the southern property lines of the Properties for a length of approximately 425 linear feet, and WHEREAS, the City and the Developer have agreed to participate in sharing equally the cost of construction of said water line as set forth in a Cost Participation Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 201 March 11, 1999 That the Mayor is hereby authorized and directed to execute on behalf if the City a Cost Participation Agreement with the Developer, 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 11th day of March, 1999. CHARLES CULPEPPER Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Mayor Pro-tem Stluka moved to approve the resolution. Councilman Stewart seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None • ACTION: The motion carried unanimously. 14.A.8. Consider a resolution authorizing the Mayor to execute an agreement with FAS Construction for project management services. Staff Resource Person: Jim Nuse, Public Works Director. In order to insure the Convention Center/Stadium project is completed in an efficient manner, the City and the team are proposing to secure construction management services. FAS Construction Management from San Antonio has provided a proposal to provide these functions. The costs will be project costs and will not affect the City's contribution of$7,350,000.00. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional project management • services, and WHEREAS,FAS Construction has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with FAS Construction, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with FAS Construction, for professional project management 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 202 March 11, 1999 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 11th day of March, 1999. 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. 14.B.1. Consider a resolution authorizing the Mayor to execute an inter-local governmental agreement between the Williamson County Elections Administrator, the Ci1y of Round Rock and Round Rock Independent School District for the May 1, 1999 Joint Election. • Staff Resource Person: Joanne Land,Assistant City Manager/City Secretary. This agreement outlines the responsibilities of the Election Administrator, the School District and the City for the joint City/School May 1, 1999 election. As in past years, there will only,be one ballot, which will contain all the candidates for the School Board and all the candidates for the City Council. This will allow the voter to register only once at the polling place instead of twice thus simplifying the voting process and reducing costs. Staff recommended approval. Mayor Culpepper 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 May 1, 1999 election, and WHEREAS, the .Williamson County Elections Administrator has submitted a proposed Election Services Contract("Contract")to administer the May 1, 1999 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 May 1, 1999 election, 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 F. - :F 203 March 11, 1999 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 11th day of March, 1999. 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.B.2. Consider a resolution authorizing the closing of streets on March 27, 1999 for the Annual Sam Bass Youth Baseball Leagu�pening Day parade and ceremonies. Staff • Resource Person: Joanne Land, Assistant City Manager. The Sam Bass Youth Baseball League requested that a portion of W. Main Street, a portion of Round Rock Avenue, the intersection of Mays and E. Main Street and E. Main Street to the Sam Bass Youth Baseball fields, 901 E. Main Street,be closed from 7:00 a.m. to 8:00 a.m. for their annual parade and ceremonies. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Sam Bass of Round Rock Youth Baseball League, Inc. has requested that a portion of Main Street, from 113 W. Main Street to 901 E. Main Street at the Sam Bass Baseball Fields, be closed for its annual Opening Day Parade on March 27, 1999, from 7:00 o'clock a.m. to 8:00 o'clock a.m., and WHEREAS,the City Council wishes to grant said request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY�OF ROUND ROCK, TEXAS, That a portion 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 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 11th day of March, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: 204 March 11, 1999 JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilman Palmer seconded the motion. TE: y Mayor A or 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 concerning a partition deed with RRE Investors forth Telander Tract. Staff Resource Person: Steve Sheets, City Attorney. This deed divides the Telander Tract between the City of Round Rock and RRE Investors. The City will have a title to approximately 40 acres out of the original 88.411-acre tract. Mayor Culpepper read the following resolution. . RESOLUTION NO. • WHEREAS,. the City of Round Rock ("City") and RRE Investors, L.P. ("RRE") purchased in common the property containing 88.411 acres commonly referred to as the Telander Tract, and WHEREAS, the City and RRE wish to partition the Telander Tract so that the City is the fee simple owner of a portion containing 39.975 acres and RRE is the fee simple owner of the remainder containing 48.436 acres,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 Partition Deed with RRE Investors, L.P., 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 11th day of March, 1999. 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 ., 205 March 11, 1999 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 14.D.1. Consider a resolution authorizing the Mayor to execute an agreement for utility • bill printing and mailing services. . Staff Resource Person: David Kautz,Finance Director. The City utility billing office has been working on the development and implementation of a new utility billing system for the City's 17,000 utility customers. This system allows the City to electronically transport the billing files to a vendor who specializes in printing, inserting and mailing services. This service will provide operating efficiencies and economic benefits to the City. Staff recommended award of this contract vice to National Presort Services, Inc. for an estimated annual cost of $40,821. The cost is a function of the number of utility customers and has been included in the operating budget Mayor Culpepper read the following resolution. RESOLUTION NO. • WHEREAS, the City of Round Rock has duly advertised for bids for water bill printing and mailing services, and WHEREAS,National Presort Services, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of National Presort 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 Annual Purchasing Agreement with National Presort Services, Inc. for water bill printing and mailing services. 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 11th day of March, 1999. 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. TE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper;.; ;, 206 March 11, 1999 Noes: None ACTION: The motion carried unanimously. 14.D.2. Consider a resolution authorizingthe he City Manager to issue a purchase order to Watson Distributing Co., Inc. for the purchase of a greens mower and a power trimmer. Staff Resource Person: David Kautz,Finance Director. • The equipment is to be used to maintain the Forest Creek Golf Club and is funded in the golf course capital budget. Golf greens fees provide funds for the capital budget. The cost of the equipment is $43,854.00. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for a greens mower and a power trimmer, and WHEREAS, Watson Distributing Co., Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Watson Distributing Co., Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Watson Distributing Co., Inc. is hereby accepted as the lowest and best bid and the City Manager is hereby authorized and directed to issue a purchase order to Watson Distributing Co., Inc. for a greens mower and a power trimmer. 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 11th day of March, 1999. 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. 14.E.1. Consider a resolution authorizing the Mayor to execute a contract with the Capitol Area Easter Seals Society of Central Texas for the maintenance at Round Rock Memorial Park. Staff Resource Person: Sharon Prete,Parks and Recreation Director. } +a 207 March 11, 1999 This is the second year that the City has contracted with this organization to perform these services during peak user months. The contract amount is $8,956.80 and is being funded through the Ron Sproull Memorial Fund. Mayor Culpepper read the following resolution. • RESOLUTION NO. WHEREAS, the City of Round Rock has a need for maintenance at Round Rock Memorial Park, and WHEREAS, pursuant to Section 252.022(a)(13) of the Local Government Code, bids were not required, and WHEREAS, Easter Seals - Central Texas has submitted a State Use Contract to provide said maintenance, and WHEREAS, the City Council wishes to enter into said contract with Easter Seals - Central Texas,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 State Use Contract with Easter Seals - Central Texas for maintenance at Round Rock Memorial Park, 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 11th day of March, 1999. • 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. • 15.A. Consider 1 appointment to the Planning and Zoning Commission to fill an unexpired term. Staff Resource Person: Joanne Land, Assistant City Manager. The Planning and Zoning Commission has a vacancy due to the resignation of Tom Nielson. His term is due to expire in May 2000. MOTION: Councilman Stewart moved to table the appointment so the vacancy can be advertised. Councilman Joseph seconded the motion. is L los March 11, 1999 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. is DISBURSEMENTS: Mayor Pro-tem Stluka disclosed that he has a contractual relationship with HDR for work that he is doing outside of the City of Round Rock. 16.A. Consider payment to Carter-Burgess, Inc. in the amount of $23,310.00 for engineering services for the reconstruction of US 79 from County Road 195 to County Road 110. The current contract price is $423,815.00 and the project is funded from Economic Development Sales Tax. 16.B. Consider payment to Chasco Contracting in the amount of$151}198.92 for the Downtown Drainage and Library Streets Project. The current contract price is $1,154,639.20 and the project is funded from 1996 and 1998 General Obligation Bonds. • 16.C. Consider payment to ECO Resources, Inc. in the amount of $63,675.00 for the Greenslopes Subdivision Waterline Replacement. The current contract price is $356,401.00 and is funded from Water System Construction Funds (Blue Pipe Lawsuit Settlement). 16.D. Consider payment to HDR Engineering. in the amount of $19.555.93 for engineering services associated with the Water System Improvements The current contract price is $543,990.00 and the project is funded from Water System Construction Funds. 16-E. Consider final payment to Hayden Concrete Co in the amount of$6,615.41 for the Creekmont West Jogging Trail. The current contract price is $66,154.05 and the project is funded from 1996 and 1998 General Obligation Bonds. 16.F. Consider payment Landmark Structures Inc in the amount of$346.502.25 for the • Water Storage Facilities at Chisholm Valley and High Country. The current contract price is $2,776,000.00 and the project is funded from Water System Construction Funds. 16.G. Consider payment to Nelson Lewis Inc in the amount of $45,810.00 for the Southcreek Waterline Replacement The current contract price is $318,801.00 and the project is funded from Water System Construction Funds (Blue Pipe Lawsuit Settlement). xJ 209 March 11, 1999 16.H. Consider payment to Rust Environment & Infrastructure, Inc in the amount of $34526.88 for the Master Transportation Plan. The current contract price is $331,827.20 and the project is funded from 1997 Certificate of Obligation 16.I. Consider payment to Setpoint Builders Inc. in the amount of$52,327.00 for the Public Works Building Additions and Alterations. The current contract price is $539,179.00 and the project is funded from Self Financed Construction. 16.J. Consider payment to CP Snider Construction Co., Inc. in the amount of $136,637.55 for the Public Library Expansion Project. The current contract price is $2,870,435.00 and the project is funded from 1996 General Obligation Bonds. MOTION: Councilman Joseph moved to approve the disbursements. Mayor Pro-tem Stluka 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. CITY MANAGER'S REPORT: None COUNCIL COMMENTS: Mayor Pro-tem Stluka said while he was in Washington attending a National League of Cities Conference,he had the opportunity to meet with the Killeen and Georgetown City Council's who were in Washington to request funding for a joint project concerning the use of the Ft. Hood airport. They are also working on funding for the improvement to Highway 195. Mayor Culpepper asked if those cities could make the presentation to the Council on their proposal because that could be something that could benefit Round Rock. Councilman Hairston wished his mother a Happy Birthday. • Councilman Stewart wished his daughter-in-law a Happy Birthday. Councilwoman Chavez wished everyone a safe and happy Spring Break and congratulated the Fire Department on the recent award they received. Councilman Joseph wished Bob Bennett a speedy recovery. Mayor Culpepper recognized Lurlene Ward. Ms. Ward thanked the Council for approving the restoration of the original pumper-truck. 210 March 11, 1999 ADJOURNMENT: There being no further business, the meeting adjourned at 10:00 p.m. ResaectfullySub 'tted,� J e Land,Assistant City Manager/ City Secretary • March 18, 1999 This meeting was cancelled. The item on this agenda was addressed at the March 25, 1999 Regular Session. Respectfully submitted, Joanne Land, Asst. City Mgr. / City Secretary • 211 March 25, 1999 The Round Rock City Council met in Regular Session on Thursday, March 25, 1999 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: March 11, 1999 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 Fire Chief Ed Gurvin of the Round Rock Volunteer Fire Department gave an update on their purchase of a brush truck. He also thanked the Council for approving the restoration of the hand pumper truck. PROCLAMATIONS: 6.A. Consider a proclamation proclaiming April 5-11, 1999 as Public Health Week. Mayor Culpepper read appropriate proclamation and presented it to Vernon O'Roark, Boardmember of the Williamson County and Cities Health District. In response to Mayor Pro-tem Stluka's question,Mr. O'Roark said the Health District has • not received word regarding funds for the Health District from the tobacco settlement. PRESENTATIONS: 7.A.1. Consider a presentation concerning the 1999 Street Maintenance and Striping Pro am. Staff Resource Person: Jim Nuse, Public Works Director. 212 March 25, 1999 Todd Kelt en outlined the list of streets eets targeted for the 9 Blade Project,the Striping Project and the Spring and Fall Maintenance Project. The estimated cost for those programs are as follows: 9" Street Blade(Street Sign)Replacement- $1,050.00 Striping Program- $27,638.00 • Street Maintenance Program 1999 Spring Project- $301,346.00 Street Maintenance Program 1999 Fall Project- $311,678.00 Mr. Keltgen concluded that this year's Spring Clean up will be April 19-23, 1999. PUBLIC HEARINGS: 8.A.1. Consider public testimony amending Chapter 11,. Sections 11.304, 11.317(3)(al and 11.317(7). Code of Ordinances (1995 Edition, City of RoundRock, Texas,to re-define side- loading garage and to clarify the height restriction for multi-family units. Staff Resource`Person: Joe Vining,Planning Director. On March 10, 1999 the Planning and Zoning Commission recommended adoption of the text amendment.This amendment to the Zoning Ordinance will t give a better definition of a side-loading garage and to clarify the height restriction on multi- family units. Staff requested that the ordinance for this item be withdrawn to further refine the • definition on side-loading garage for better clarification. The ordinance will be brought back at a later date. Mayor Culpepper opened the public hearing. There being not public testimony, the public hearing was closed. ORDINANCES: 9.A.1.Consider an ordinance to establish "No Thru Trucks" restrictions on East Logan Street from South Mays Street to Greenlawn Boulevard, on Greenlawn Boulevard from Gattis School Road to East Logan Street. on South Burnet Street from Bagdad Avenue to Deerfoot Drive, on Deerfoot Drive from South Burnet Street to Ridgecrest Drive,on Ridgecrest Drive from Deerfoot Drive to East Logan Street. (First Reading) Staff Resource Person: Tom Word, • Traffic Engineer. Currently,there has been a large increase in the number of trucks that are trying to find shortcuts to avoid traffic congestion at other areas. This ordinance will eliminate truck traffic through the particular residential area and will protect the integrity of the neighborhoods. Staff recommended approval of the ordinance. Mayor Culpepper read the caption of the ordinance. t. t 213 March 25, 1999 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS; MAKING CERTAIN ADDITIONS TO SAID SECTION; THEREBY DECLARING IT UNLAWFUL TO DRIVE OR OPERATE A TRUCK ON EAST LOGAN STREET FROM SOUTH MAYS STREET TO GREENLAWN BOULEVARD, 'ON GREENLAWN BOULEVARD FROM GATTIS SCHOOL ROAD TO EAST LOGAN STREET, ON SOUTH BURNET STREET FROM BAGDAD AVENUE TO • DEERFOOT DRIVE, ON DEERFOOT DRIVE FROM SOUTH BURNET STREET TO RIDGE CREST DRIVE, AND ON RIDGE CREST DRIVE FROM DEERFOOT DRIVE TO EAST LOGAN STREET; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 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 the ordinance will be held at the next Council meeting. 9.B.1. Consider an ordinance adopting theeg neral government Capital Improvement Program spending plan. (Second Reading)Staff Resource Person: David Kautz,Finance Director. The first reading of this ordinance was approved on March 11, 1999. This spending plan outlines the expenditures to be made for various general improvements over the course of next year. The proposed expenditures are for the Chisholm Trail Statuary, Downtown Sidewalks, City-wide Sidewalks, Cemetery Headstones, Senior Center/Rabb House/Kinningham Equipment, High Country Park/Tank Site, Volunteer Fire Department Pumper Restoration, Entry Signs, Street Planting,Hike/Bike Trails and the City's Channel 10 Upgrade. Mayor Culpepper read the caption of the ordinance. • ORDINANCE NO. AN ORDINANCE ADOPTING A GENERAL GOVERNMENT CAPITAL PROJECTS SPENDING PLAN; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilman Stewart moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston I , 214 March 25, 1999 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 Hotel Occupancy Tax Ordinance. (First • Reading) Staff Resource Person: David Kautz,Finance Director. A presentation was made on this item at a previous meeting. This ordinance governs the Hotel Occupancy Tax as it applies to the City. The last change to this ordinance was made in 1990. The proposed changes while minor in nature are important in keeping the Hotel Tax regulations consistent with State law. Those changes are: clarifications of the definition of a hotel; the meaning of a permanent resident, assignment and clarification of the administrative responsibilities to the gnm p Finance Director for the collection of the taxes; clarification on the process for exempting government employees from the applicable tax; establishment and clarification of collection procedures of the tax in the event of change in ownership of the hotel; clarification of the expenditures of certain funds which are only applicable to cities who collect in excess of$2 million in the Hotel Occupancy Tax; and the • requirement of a quarterly reporting to the City by the Chamber of Commerce who is a recipient of a portion of the Hotel Occupancy Tax for Tourism . Staff recommended approval. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1800, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS; TO CONFORM THE EXISTING LOCAL HOTEL OCCUPANCY TAX ORDINANCE WITH STATE LAW; 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. i 215 March 25, 1999 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 Councilman Hairston • Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 9.B.3. Consideration of Ordinance Authorizing the Issuance, Sale and Delivery of"Ci of Round Rock, Texas Hotel Occupancy Tax Revenue Bonds, Series 1999 (Convention Center Complex Project Approving and Authorizing a Limited Offering Memorandum and the Distribution Thereof; Authorizing the Execution of a Bond Purchase Agreement,a Trust Indenture and a Paying Agent/Registrar Agreement; and Approving and Authorizing all Other Instruments and Procedures Related Thereto. (First Reading) Staff Resource Person: David • Kautz,Finance Director. This item was withdrawn from the agenda at the last Council meeting at the request of staff. This ordinance approves the documents and sale of the Hotel Occupancy Tax Revenue Bonds. The purpose of the bonds is to finance the City's portion of the Convention Center/Stadium Complex. The bonds are to be issued in their final par amount of $8,605,000. The bonds are 25-year maturities and repayable solely from the Hotel Occupancy Tax and it fits comfortably within the revenue estimates provided to the City by Economics Research Associates. Garry Kimball of First Southwest Company,the City's Financial Advisor, gave a brief overview of the transaction. He recommended that the Council approve the financing that was before them. The net interest cost will be 5.955%. The specifics of the transaction have not • changed significantly from what was originally presented other than one change related to the additional bonds covenant. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF "CITY OF ROUND ROCK, .:. TEXAS HOTEL OCCUPANCY TAX REVENUE BONDS, SERIES 1999 (CONVENTION r,. 216 March 25, 1999 CENTER COMPLEX PROJECT)"' APPROVING AND AUTHORIZING A LIMITED OFFERING MEMORANDUM AND THE DISTRIBUTION THEREOF; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT, A TRUST INDENTURE AND A PAYING AGENT/REGISTRAR AGREEMENMT' AND APPROVING AND AUTHORIZING ALL OTHER INSTRUMENTS AND PROCEDURES RELATED THERETO 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. 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. 9.C.1. Consider an ordinance adopting original zoning of District PUD (Planned Unit Development)No. 36 on 101.301 acres of land. (Hickerson Traci) (Second Reading)Applicant. Doyle Hickerson. Staff Resource Person: Joe Vining, Planning Director. This tract of land is located between Gattis School Road and County Road 170 and south of the South Creek Subdivision. On February 17, 1999,the Planning and Zoning Commission recommended adoption of original PUD zoning on this tract of land. The first reading of the ordinance was approved on • March 11, 1999. The key issue from residents adjacent to the tract was the setback provision. Mr. Vining outlined a solution that may satisfy all the parties. The first 50 feet from the west property line is a landscape buffer which only landscaping can occur and the next 63 feet is a parking bay,which is a standard width. So the first 113 feet no construction of structures can occur. After the next 37 feet there can be a one-story structure then adding a total of 150 feet 217 March 25, 1999 before the construction of a two-story structure and then at the 200-foot mark there can be a three-story building. Councilman Joseph thanked Mr. Hickerson for being flexible and working with the neighbors. • 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 101.301 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT 609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD)NO. 36. 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. 9.C.2. Consider an ordinance to rezone 67.807 acres of land from SF-2 (Single Family- Standard amilyStandard Lot)to PUD (Planned Unit Development)No. 37 (Hickerson Tractl_(Second Reading) Applicant: Doyle Hickerson. Staff Resource Person: Joe Vining,Planning Director. The reason this is separate from the larger tract to the west is because this land had been annexed and zoned at a previous time. The same development standards apply to this item that were outlined in item 9.C.1. On February 17, 1999, the Planning and Zoning Commission recommended adoption of original PUD zoning on this tract of land. The first reading of the ordinance was approved on • March 11, 1999. 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 RE-ZONE 67.8070 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT 609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD)NO. 37''' 218 March 25, 1999 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.C.3. Consider an ordinance amending Chapter 11 Sections 11.304. 11.317(3)(al and 11 317(7), Code of Ordinances (1995 Edition), City of Round Rock Texas to re-define side- loading garage ide-loadinggarage and to clarify the height restriction for multi-family units. irst Reading) This item was withdrawn from the agenda. 9.C.4. Consider an ordinance adopting a Community Development Block Grant (CDBG)program budget for the 1998-99 fiscal year. first Reading) Staff Resource Person: Joe Vining,Planning Director. This budget was presented to the Council at the last meeting. The 1998-99 Action Plan,which was previously approved by City Council, identifies four projects • that will be wholly or partially funded with CDBG funds. 1998-1999 Proposed Budget Beginning Unreserved Fund Balance 10/01/98 $ 0 REVENUES CDBG 410.000 Total Revenues 410,000 EXPENDITURES Project 1: Neighborhood Revitalization Program 240,000 Project 2: Economic Opportunities Program 50,000 Project 3: Home Ownership Assistance Program 60,000 • Project 4: Program Administration 60;000 Total Expenditures 410,000 Change In Operation 0 Operating Reserves 0 Estimated Unreserved Fund Balance 9/30/99 0 219 March 25, 1999 Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 1998-99 FISCAL YEAR. 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 occur at the next regular Council meeting. RESOLUTIONS: 10.A.1. Consider a resolution authorizingthe a Mayor to execute an agreement with Watson Wyatt&Company for a Police Department Management Audit. Consider a resolution • authorizingthe he Mayor to execute an agreement with Watson Wyatt& Company for a Police Department Management Audit. Staff Resource Person: Teresa Bledsoe,Human Resources Director. The Management Audit/Review of the various City Departments was planned as the next step following the implementation of the results of the Market Survey completed by Watson Wyatt in 1997 and the implementation of the Performance Management Process. The Performance Management Process was officially implemented during 1998 and the Police Department was identified as the first department to be reviewed. This resolution authorizes payment to Watson Wyatt for completed work as well as authorizes the completion of Step Two of the Process. It is anticipated that another City Department will be reviewed this year with at least one other department reviewed in Fiscal 1999/2000. • Mr. Bennett said that the Watson Wyatt Group has not had their interface meeting with Chief Conner and the actual implementation, ideas, suggestions that are in the Plan is still being worked on. This is not the close out of this program; it is really only the beginning with Chief Conner. Mayor Culpepper read the following resolution. RESOLUTION NO. 220 March 25, 1999 WHEREAS, the City of Round Rock desires to retain professional services to conduct a Police Department management audit, and WHEREAS, Watson Wyatt has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Watson Wyatt, 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 Watson Wyatt,to conduct a Police Department management 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 25th day of March, 1999. 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 CouncilmanStewart 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 a contract with Martinez. Wright. and Mendez for engineering and construction management services for the Mesa Park area sidewalk improvements. This item was withdrawn from the agenda. 10.B.2. Consider a resolution authorizing the Mayor to execute a license agreement with the Stone Oak Owners Association. Staff Resource Person: Joe Vining,Planning Director. This license agreement allows landscaping and irrigation systems in the public rights of way located at the entrance of the subdivision on Wyoming Springs Drive and Lot 1. • 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 at Wyoming Springs Drive and Lot 1, Block G, Stone Oak at Round Rock, Section 1, Amended, and WHEREAS, the Stone Oak Owner's Association, Inc. desires to exercise certain rights and privileges upon the unpaved portion of the public right-of-way located at Wyoming Springs Drive and Lot 1,Block G, Stone Oak at Round Rock, Section 1,Amended,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, r 221 March 25, 1999 That the Mayor is hereby authorized and directed to execute on behalf of the City a License Agreement with Stone Oak Owner's Association, Inc. for the right to install, construct, operate, maintain, upgrade, and repair landscaping and irrigation systems in and upon the public right-of-way located at Wyoming Springs Drive and Lot 1, Block G, Stone Oak at Round Rock, Section 1,Amended, 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 25th day of March, 1999. CHARLES CULPEPPER,Mayor ATTEST: City of Round Rock, Texas 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 the closing of a portion of Harrell ParkwaX from 12:00 Noon of April 9; 1999 through 1:00 a.m. April 12, 1999 for the 12"'Old Settlers Music Festival. Staff Resource Person: Sharon Prete,Parks and Recreation Director. This event used to be called the Bluegrass Festival and will be held at Old Settlers Park at Palm Valley on April 9-11, 1999. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Parks and Recreation Department of the City of Round Rock has requested that Harrell Parkway be closed from 12:00 noon on April 9, 1999 until 1:00 a.m. on April 12, 1999 for the Old Settlers.Music Festival, and 1 WHEREAS, the Council wishes to grant such request,Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That Harrell Parkway as be closed from 12:00 noon on April 9, 1999 until 1:00 a.m. on April 12, 1999 for the Old Settlers Music Festival. 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 25th day of March, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas 222 March 25, 1999 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.C.2. Consider a resolution authorizing the Mayor to execute an"Additional Services Authorization"with Baker-Aicklen&Associates.Inc. for the Lake Creek Watershed Study. Staff Resource Person: Sharon Prete,Parks and Recreation Director. This project was initiated by Public Works to study the Lake Creek Watershed. Creekmont West Park trail was added to that project which requires additional modeling for the engineering study and engineering for the park. • Mayor Culpepper 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 Lake Creek Park expansion, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted an Additional Services Authorization to the Agreement to provide for a seven foot walkway through the existing park adjacent to Birdleg Creek, 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 a seven foot walkway through the existing park adjacent to Birdleg Creek, 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 25th day of March, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary 223 March 25, 1999 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.D.1. Consider a resolution authorizing the Mayor to execute a contract with PBS&J for engineering eering services to take the Lance Haven lift station off-line and tie into the Bra Creek Interceptor. Staff Resource Person: Jim Nuse,Public Works Director. This project is part of an effort to remove wastewater lift stations from the collection system whenever a gravity sewer line is available. Staff recommended award of this contract to PBS&J at$22,674.00. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services to take the 10 Lance Haven lift station off-line and tie into the Brushy Creek interceptor, and WHEREAS,PBS&J has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with PBS&J, 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 PBS&J, to take the Lance Haven lift station off-line and tie into the Brushy Creek interceptor, a copy of said contract being attached hereto and incorporated herein for all purposes. The City Council hereby fmds 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 25th day of March, 1999. 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 f,: Mayor Culpepper ,.:;... 224 March 25, 1999 Noes: None ACTION: The motion carried unanimously 10.D.2. Consider a resolution authorizing the Mayor to execute an agreement with Baker-Aicklen & Associates. Inc for engineering services for proposed improvements to Chisholm Trail Street from Cracker Barrel south entrance to Wolle Lane. Staff Resource Person: Jim Nuse, Public Works Director. A presentation was previously made to the Council on this project. This project will be funded from GO Bond Project Funds. The fee for this preliminary phase is $26,250.00. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for proposed improvements to Chisholm Trail Road from the Cracker Barrell south entrance to Wolle Lane, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Baker-Aicklen & Associates,Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Baker-Aicklen & Associates, Inc., for engineering services for proposed improvements to Chisholm Trail Road from the Cracker Barrel south entrance to Wolle Lane, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 25th day of March, 1999. CHARLES CULPEPPER, Mayor ATTEST: City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman'Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously 10.D.3. Consider a resolution authorizingthe he Ci Manager to issue a purchase order for the purchase of Underground Butterfly Valves for the proposed expansion of the Water ,$ 225 March'25, 1999 Treatment Plant. Staff Resource Person: Jim Nuse,Public Works Director. Three valves were bid on March 16, 1999 in-order to have them available for immediate use in the expansion of the Water Treatment Facility. The low bid was $17,931.00 submitted by Environmental Improvements, Inc. Staff recommended award of the bid and the execution of a purchase order to • Environmental Improvements. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, ' the City of Round Rock has duly advertised for bids for underground butterfly valves for the proposed expansion of the,Water Treatment Plant, and . WHEREAS, Environmental Improvements, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Environmental Improvements, Inc.,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Environmental Improvements, Inc. is hereby accepted as the lowest and best bid and the City Manager is hereby authorized and directed to issue a purchase order to Environmental Improvements, Inc. for underground butterfly valves for the proposed expansion of the Water Treatment Plant. 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 25th day of March, 1999. 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. 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.4. Consider a resolution authorizing the Mayor to execute an agreement with HDR Engineering for engineering services for West Transmission Water Pipeline, Design Services Staff Resource Person: Jim Nuse,Public Works Director. The scope of work includes a finished water transmission pipeline, commencing at the intersection of Wyoming Springs Drive and Brightwater Boulevard crossing RM 620,traversing through the Robinson tract, crossing McNeil 226 March 25, 1999 Drive and railroad right-of-way, again through the Robinson Tract to its termination at an existing waterline on CR 172. The linear footage of the entire project will depend on specific routing and is estimated to be approximately 22,000 linear feet. The project also includes pressure-reducing vaults at FM 3406 and on Wyoming Springs Drive. The contract value for this service is $268,200.00. Staff recommended approval. • Mayor Pro-tem Stluka disclosed that he has a business relationship with HDR which is not related to City business. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for West Transmission Water Pipeline,Design Services, and WHEREAS, HDR Engineering Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement 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 West Transmission Water Pipeline, Design 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 25th day of March, 1999. 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.D.5. Consider a resolution authorizing the Mayor to execute an agreement with WHM Transportation Engineering Consultants. Inc. for engineering services to prepare plans, specifications, and estimates for the construction of a traffic signal at the intersection of Louis 227 March 25, 1999 Henna Boulevard with County Road 170. Staff Resource Person: Tom Word, Traffic Engineer. Traffic volumes have increased at the intersection of Louis Henna Boulevard with County Road 170 to the point that a traffic signal should be installed. Staff recommended award of this contract to WHM Transportation Engineering Consultants, Inc. The value of the contract is • $7,000.00. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the preparation of plans, specifications, and estimates for the construction of a traffic signal at the intersection of Louis Henna Boulevard with County Road 170, and WHEREAS, WHM Transportation Engineering Consultants, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with WHM Transportation Engineering Consultants, 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 WHM Transportation Engineering Consultants, Inc., for the preparation of plans, specifications, and estimates for the construction of a traffic signal at the intersection of Louis Henna Boulevard with County Road 170, 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 25th day of March, 1999. 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.6. Consider a resolution authorizingthe a Mayor to execute Supplemental Agreement Amendment No. 2 to the Contract for Engineering Services with Hejl,Lee and Associates. Inc. for the Rubio Street and Drainage Improvement Project. Staff Resource Person: 228 March 25, 1999 Jim Nuse,Public Works Director. The Texas Natural Resource Conservation Commission has denied a request for an exception to the water pollution abatement plan requirement for this project and has determined an application for abatement plan approval must be made. This amendment will provide for the engineering and geological services required for the preparation and submission of the plan. With this amendment for$6,000.00 the current amount of the • contract for engineering services is $93,800. This amendment and thero'ect are funded from P J 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 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 Amendment No. 2 to the Agreement to provide for engineering and geological services required for the preparation of a water pollution abatement plan, and WHEREAS, the City Council desires to enter into said Supplemental Amendment Agreement No. 2 to the Agreement with Hejl, Lee&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 Supplemental Agreement No. 2 to the Agreement with Hejl, Lee & Associates, Inc. to provide for engineering and geological services required for the preparation of a water pollution • abatement plan, 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 bylaw 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 25th day of March, 1999. 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.D.7. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with ECO Resources. Inc. for blue tubing waterline replacements in Kennsington Place. Staff ViA 229 March 25, 1999 Resource Person: Jim Nuse,Public Works Director. ECO Resources is currently under contract for the Greenslopes Waterline Replacement project. Although Kennsington Place has always experienced some groundwater this year,there may be an increase in the amount of standing water. Public Works wants to eliminate any concerns that water leaks may be contributing to this • year's increased groundwater. Kennsington Place is scheduled for the"blue tubing replacement program"in the spring of 2001. However,the responsible action is to immediately replace any services that could possibly be contributing to the stagnant water which could eventually lead to health and safety issues. ECO Resources, Inc. is currently under contract to execute similar repairs in the Greenslopes neighborhood and will immediately begin repairs. This change order allows for the replacement of all"blue tubing" services upstream of the problematic area to include Windsor Road, Cambridge Drive, Westminster Place, and a portion of Surrey Drive. The amount of the change order is $59,000. Staff recommended approval. Mayor Culpepper read the following resolution. Yg RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") • with ECO Resources, Inc. for the Greenslopes 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. 2,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. 2 to the Contract with ECO Resources, Inc. for the Greenslopes 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 25th day of March, 1999. 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. TE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None 230 March 25, 1999 ACTION: The motion carried unanimously APPOINTMENTS: 11.A. Consider 1 appointment to the Planning and Zoning Commission to fill an unexpired term. Staff Resource Person: Joanne Land,Assistant City Manager. Since the annual appointments are made in May or June the Council agreed to wait until that time to fill this • position. The Planning Director saw no problem in waiting to have that position filled. MOTION: Councilman Stewart moved to table the appointments. 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 is doing business with HDR,which is unrelated • to City business. 12.A. Consider payment of$48,050.05 to Cunningham Constructors & Associates, Inc. for the Disinfection Basin and Washwater Recovery Pump Station. The current contract price is $2,342,289.73 and the project is funded from Water System Construction Funds. 12.B. Consider payment of$10,100.00 to HDR Engineering for engineering services for the development of Well No. 9. The current contract price is $29,900.00 and the project is funded from Water System Construction Funds. 12.C. Consider payment of $9,093.87 to Psencik Construction Ltd. for backflow prevention devices. The current contract price is $129,523.00 and the project is funded from Water/Wastewater System Construction Funds. • 12.D. Consider payment of$12,340.00 to Rust Environment & Infrastructure, Inc for engineering eering 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. 231 March 25, 1999 12.E. Consider payment of $17,748.30 to Spencer Godfrey Architects for services associated with the design of the Clay Madsen Recreation Center. The current contract price is $334,359.30 and the project is funded by 1996 General. MOTION: Councilman Palmer moved to approve the disbursements. 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. CITY MANAGER'S REPORT: At the request of Mr. Bennett, Jim Nuse gave an update on the status of Convention Center Complex and Tom Word gave an update on the status of the US79 improvements. COUNCIL COMMENTS: • Councilman Hairston encouraged staff to use the Blieker process for training the Boards and Commissions. Councilman Stewart encouraged everyone to attend the Sam Bass Baseball parade. Councilwoman Chavez wished her daughter a Happy Birthday. Councilman Joseph wished a speedy recovery to Bob Griffith. EXECUTIVE SESSION: 15.A. Executive Session as authorized by §551.072 Government Code,related to the purchase of real property. 1)_ Lot IA and Lot 1B Amended Resubdivision Oakmont Center Section 3 The Council entered into Executive Session at 8:25 p.m. and adjourned back into Regular • Session at 8:33 p.m. ACTION RELATIVE TO EXECUTIVE SESSION: 16.A. Consider discussion and/or action related to the purchase of real propga. 1) Lot IA and Lot 1B Amended Resubdivision Oakmont Center Section 3. MOTION: Councilman Palmer moved to direct the City Attorney to proceed as directed in Executive Session. Councilman Stewart seconded the motion. VOTE: Ayes: Councilman Hairston 232 March 25, 1999 Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Pro-tem Stluka Noes: None Mayor Culpepper was out of the room when the vote was taken. • ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 8:35 p.m. e pectfully Sub Rted, e Land,Assistant City Manager/ City Secretary • is 233 April 8, 1999, The Round Rock City Council met in Regular Session on Thursday, April 8,1999 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 Earl Palmer, Councilwoman Martha • Chavez and Councilman Jimmy Joseph.h. Councilman Rick Stewart was absent due to illness. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: March 25, 1999 Councilman Hairston made the following amendments to the draft of the minutes. "Page 9,third paragraph following the sentence by Councilman Joseph, insert, Councilman Hairston thanked all parties for their cooperation. On page 30, first sentence, amend the sentence to read, Councilman Hairston expressed his delight and appreciation on the number of qualified candidates applying to the Planning and Zoning Commission and encouraged staff to use the Bheker process for training the Board and Commissions as well as interested potential • applicants." MOTION: Councilman Joseph moved to approve the minutes as amended. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Tommy Nobles, 1410 E. Logan Street, President of the Greenslopes Neighborhood Association, informed the Council that residents of Greenslopes have expressed concerns • regarding pedestrian safety. Those concerns are lack of sidewalks, increased cut-through traffic and inadequate signage in school zones. Mr.Nobles asked the Council to consider: • Upgrading the school zone signage at the South Mays/East Logan/Cushing Drive intersections by adding a flashing yellow light to the existing school zone sign to increase awareness of children crossing Logan on their way to Voigt Elementary School. 234 April 8, 1999 • Installing `speed humps' as a cut-through traffic deterrent at designated areas of Logan and possible Greenlawn, which would reduce current speeds and enhance safety. • Completing and constructing sidewalks on East Logan and Lawnmont to,prevent children from walking in the street on the way to school and residents use the • same route for daily walks. Mr.Nobles asked the Council to contact him if they had any questions. The Council thanked Mr.Nobles and will take the requests under advisement. SPECIAL RECOGNITION: 6.A. Consider special recogLlition of Ellen Davis on her 104th birthday. Ellen Blair was born on April 8, 1895 in Williamson County, the oldest of 14 children, to Fanny and W. A. Blair and has lived and worked in or around Round Rock for the last 104 years. Ellen Blair was married to Lonnie Davis for 66 years and was blessed with five children, 13 grandchildren, many great-grandchildren and great-great-grandchildren. Ms. Davis fondest memories as a child around 1902 were the trips in covered wagons from Round Rock to Gatesville, sitting around the campfire with the whole family eating flapjacks that her • grandfather James Mayfield prepared. Ms. Davis has been a devoted member of First Baptist Church, having been baptized twice, once under the old railroad bridge in Brushy Creek by "the round rock" and the second time with her husband and son-in-law at Rosedale Baptist Church. The Council presented a bouquet of roses and gift to Mrs. Davis and wished her a Happy Birthday. 6.B. Consider special recognition of George Moonek The Council observed a moment of silence in honor of George Mooney, Jack Shaw, Richard Urbanski, Jim Thompson and Jimmy Stried who have recently passed away. He noted that these members of the community will be greatly missed. PROCLAMATIONS: 7.A. Consider a proclamation proclaiming April 11-17, 1999 as Public Safety Telecommunicator Week. Mayor Culpepper read the appropriate proclamation and Police Chief Conner accepted the proclamation in behalf of the Round Rock Telecommunicators. PRESENTATIONS: 8.A.1. Consider a presentation concerningthe he approval of Critical Policies for the Round Rock Police Department and the revision of the Police Department Policy Manual. Staff :a 235 Apri18, 1999 Resource Person: Paul Conner, Chief of Police. Chief Conner outlined the proposed policies concerning Use of Force and Vehicular Pursuit. The following will be addressed under Use of Force: • Definitions • Authorization To Carry Firearms and Non-Deadly Weapons • • e of Non-Deadly Parameters for Use y Force • Parameters for Use of Deadly Force • Reporting and Investigative Requirements • Victim's Assistance Coordinator The following will be addressed under Vehicular Pursuit: • Definition • Pursuit Criteria • Control of the Pursuit • Terminating the Pursuit • Inter and Intra-Jurisdictional Pursuits • Post-Pursuit Requirements These policies will be brought back to the Council's next meeting for formal acceptance. In response to Councilman Hairston's question, Chief Conner said the policies and manual will be revised at least on a yearly basis. 8.B.1. Consider a presentation concerning a Drought Management Plan. Staff Resource Person: Jim Nuse, Public Works Director. The purpose of a Drought Management Plan is to have a unified plan with the surrounding counties that would identify drought conditions and the Stage that should be followed. The Plan will include Measures for Emergency and Peak Day Management. • Peak Day Water Use Management- Stage 1 • Mandatory Water Use Management- Stage 2 • • Emergency Water Use Management- Stage 3 If a surrounding County or City is under a particular stage it will not necessary mean that all the counties or cities have to follow suit,they will follow whatever stage is appropriate for them. 8.B.2. Consider a presentation concerningan n engineering agreement with RTN Group, Inc. for a Sanitary Sewer Engineering Study Phase II. Staff Resource Person: Jim Nuse, Public Works Director. The second phase of the Sanitary Sewer Engineering Study (SSES) project is 236 April 8, 1999 scheduled for implementation upon approval of the City Council. This phase will examine the three highest areas of inflow/infiltration as identified under the Phase I study. Those area basins are CC35 (Chandler Creek 35), BC21 (Brushy Creek 21) and OC24 (Onion Creek 24). The objective of this phase will be to investi ate thereasons this inflow is entering these specificecifc collection areas and determined an appropriate correction effort. The project will develop rehabilitation and improvement costs for various possible improvements including, in-general, • main replacement, point repair, internal lining, pipe-bursting and manhole rehabilitation. The first SSES phase was completed in late 1998 and from this extensive flow monitoring, field inspection and wastewater line mapping effort the overall extent of inflow/infiltration in the City's wastewater collection system was determined. Through modeling and field observations the entire collection system experienced surcharges during peak inflow conditions but was within acceptable design parameters for safe collection of wastewater. The implementation of this project will assist the City in eliminating the high inflow and infiltration occurring in these basins through the development applicable engineering designs and appropriate repair methods. This contract as proposed by RJN Group,Inc. will cost$148,652.00. Hugh Kelso of RJN Group, Inc. made a presentation on the scope of the second phase • and gave a short review the original 1997-98 engineering study. Mr. Kelso described the location of each of the basins (CC35, BC21 and OC24) and their associated wet weather flow measurements. 8.B.3. Consider a presentation concerning out of City water service to the Curtsinger- Smith urtsin eg r & Smith properties on Sam Bass Road. Staff Resource Person: Jim Nuse, Public Works Director. Mr. Curtsinger requested that Round Rock provide three (3) water taps for his property and one (1) for Mr. Smith's property. Mr. Curtsinger and Mr. Smith's wells were contaminated by the spill of raw sewage by the City of Austin pumping station into Brushy Creek. Mr. Nuse said that Mr. Curtsinger understands that in order to get the water service it would require that his property be annexed. In addition, Mr. Curtsinger wants to investigate the possibility of wastewater service for his tract. The City of Austin is going to curtail their delivery in September • and he is willing to go through the annexation process but would like to tie into the water system as quickly as possible on a parallel course and try to work with them to get the tie in while the annexation is occurring. Mr. Curtsinger addressed the Council and noted that he is only speaking for his property and not for Mr. Smith and does not know if Mr. Smith wants to be annexed. Mr. Curtsinger r 7A 237 April 8, 1999 asked if he can be annexed commercial because he has some commercial businesses on his property. 8 .B.4._Consider a presentation regarding the proposed Relocation Assistance Program for the City of Round Rock. Staff Resource Person: Tom Word, Traffic Engineer. The City will be acquiring a number of homes and businesses for use as right of way for the construction of new arterial streets and the wideningof existing arterial streets. A number of these projects will be g p J funded in part with Federal funds. Federal law establishes requirements, which must be satisfied when acquiring right of way for construction projects funded with Federal funds. To satisfy one of the requirements, a local unit of government must offer relocation assistance to all individuals, families, businesses, farmers, ranchers, and nonprofit organizations meeting certain minimum qualifications, who are displaced by the acquisition of right of way for a road project. Staff recommended that the City adopt the Texas Department of Transportation's Relocation Assistance Program for use by the City in the acquisition of right of way for streets and highways. Mr. Word explained the various programs and options included in the recommended. Relocation Assistance Program. • PUBLIC HEARINGS: None ORDINANCES: 10.A.1. Consider an ordinance adopting a Community Development Block Grant (CDBG)prowam budget for the 1998-99 fiscal year. Second Reading) Staff Resource Person: Joe Vining,Planning Director. The 1998-99 Action Plan approved by City Council identifies four projects that will be wholly or partially funded with CDBG funds. The first reading of the ordinance was approved on March 25, 1999. There have been no changes since the first reading of the ordinance. 1998-1999 Proposed Budget Beginning Unreserved Fund Balance 10/01/98 $ 0 REVENUES CDBG 410,000 Total Revenues 410,000 EXPENDITURES Project 1: Neighborhood Revitalization Program 240,000 Project 2: Economic Opportunities Program 50,000 Project 3: Home Ownership Assistance Program 60,000 Project 4: Program Administration 60.000 Total Expenditures 410,000 Change In Operation 0 Operating Reserves 0 Estimated Unreserved Fund Balance 9/30/99 0 Mayor Culpepper read the caption of the ordinance. 238 April 8, 1999 ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 1998-99 FISCAL YEAR. MOTION: Councilman Joseph moved to adopt the ordinance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper 'Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 10.B.1. Consider an ordinance to establish "No Thru Trucks" restrictions on East Logan Street from South Mays Street to Greenlawn Boulevard, on Greenlawn Boulevard from Gattis School Road to East Logan Street, on South Burnet Street from Bagdad Avenue to Deerfoot Drive, on Deerfoot Drive from South Burnet Street to Ridgecrest Drive, on Ridgecrest Drive from Deerfoot Drive to East Logan Street. Second Reading) Staff Resource Person: Tom Word, Traffic Engineer. The first reading of the ordinance was approved on March 25, 1999. This ordinance will help address a portion of the Greenslopes Homeowners Association's concerns. • There have been no changes since the first reading of the ordinance. Councilman Hairston said that this ordinance will address the cut through traffic and safety issues that were relayed earlier in the.meeting by Mr.Nobles. Mr. Word said that staff has been working with Mr. Nobles and other citizens and are already working to address some of the issues that he brought up earlier in the meeting. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK,.TEXAS; MAKING CERTAIN ADDITIONS TO SAID SECTION; THEREBY DECLARING IT UNLAWFUL TO DRIVE OR OPERATE A TRUCK ON EAST LOGAN STREET FROM SOUTH MAYS STREET TO GREENLAWN BOULEVARD, ON GREENLAWN BOULEVARD FROM GATTIS SCHOOL ROAD TO EAST LOGAN STREET, ON SOUTH BURNET STREET FROM BAGDAD AVENUE TO DEERFOOT DRIVE, ON DEERFOOT DRIVE FROM SOUTH BURNET STREET TO RIDGE CREST DRIVE, AND ON RIDGE CREST DRIVE FROM DEERFOOT DRIVE TO EAST LOGAN STREET; 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 Palmer 239 April 8, 1999 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 10.B.2. Consider an ordinance prohibiting parking on the north side of Anderson • Avenue from a point 448 feet west of Brown Street to a point 513 feet west of Brown Street (First Reading) Staff Resource Person: Tom Word, Traffic Engineer. This ordinance will prohibit parking for a small strip in front of Berkman Elementary School. Vehicles parked along the curb at this location interfere with the orderly use by parents of the drop-off and pick-up driveway in front of the school. Traffic and pedestrian safety will be enhanced by the prohibition of parking at this location. Staff recommended approval of this ordinance. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON THE NORTH SIDE OF ANDERSON AVENUE FROM 448 FEET WEST OF BROWN STREET TO 513 WEST OF BROWN STREET; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • MOTION: Councilman Joseph moved to adopt the or p p durance. Councilwoman Chavez seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. The second reading of the ordinance will be held at the next regular Council meeting. 10.C.1. Consider an ordinance amending the 1998-1999 Hotel Occupancy Tax Budget.. (First Reading) Staff Resource Person: David Kautz,Finance Director. This amendment reflects certain preliminary costs for the Convention Center Complex,which are to be paid from the • Hotel Occupancy Tax operating account. This amendment also reallocates funding for the remaining Chisholm Trail Statuary site,which was originally budgeted last year but not purchased until this year. The 98-99 Revised Budget is as follows: Beginning Estimated Fund Balance 10/1/98 $162,769 Total Revenue- $813,261 240 April 8, 1999 Expenditures Total Tourism Events - $107,200 Total Arts Support- $22,800 Total Tourism Support- $125,000 Total Museum Support- $2,000 Total Unallocated- $3,000 Subtotal—Tourism,Arts,Museum $260,000 Total Convention Center Complex $232,050 Total Cattle Drive Statues Project—Land(1) $38,500 Total Expenditures $530,550 Less Reserves * 445 480 Estimated Unreserved Fund Balance 9/30/99 $ 0 *Reserves are established for working Capital and Convention Center Complex Facility (1) Actual spent through 9/30/98 was $261,461 The Hotel Occupancy Tax Fund#71 Fund Balance Analysis is as follows: Estimated Fund Balance 10/1/98 $162,769 • Less Reserves * (445,480) Estimated Revenue(FY 1998-1999) 813,261 Requested Expenditures (FY 1998-1999) 530,550 Total Funds Expenditures (FY 1998-1999) (530,550) $ 0 • Reserves are established for working Capital and Convention Center Complex facility. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE 1998-99 HOTEL OCCUPANCY TAX BUDGET. MOTION: Councilman Joseph moved to adopt the ordinance. Councilman Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka • Councilman Hairston Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. The second reading of the ordinance will be held at the next regular Council meeting. 241 April 8, 1999 RESOLUTIONS: l l.A.1. Consider a resolution authorizing the Mayor to execute a contract with Martinez. Wright, and Mendez for engineering and construction management services for the Mesa Park area sidewalk improvements. Staff Resource Person: Joe Vining,Planning Director. This project is being funded by Community Development Block Grant(CDBG) funds and is the • initial project under the Neighborhood Revitalization Program of the 1998-99 Action Plan. The contract for the engineering portion of the project is $25,266 and the construction portion of the project is $161,372. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering and construction management services for the Mesa Park area improvements, and WHEREAS, Martinez, Wright & Mendez, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said 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 an agreement with Martinez, Wright &Mendez, Inc., for engineering and construction management services for the Mesa Park area improvements, 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 April, 1999. 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 Palmer Councilwoman Chavez • Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. l l.B.1. Consider a resolution authorizing the Mayor to execute a contract with R.J. King Construction. LTD., in the amount of$4,780.400.00 for the construction of the Clay Madsen Recreation Center. Staff Resource Person: Sharon Prete, Parks and Recreation Director. Seven bids were received and opened on March 30, 1999. This contract represents a base bid of 242 April 8, 1999 $4,583,000.00 and alternates totaling$197,400.00 with completion in 365 days. References have been checked and Spencer Godfrey Architects and staff recommended that this bid be awarded to R. J. King Construction, LTD. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of • the Clay Madsen Recreation Center, and WHEREAS, R.J. King Construction, Ltd. Has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of R. J. King Construction , Ltd., 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 R. J. King Construction, Ltd., for the construction of the Clay Madsen Recreation Center. 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 April, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary • MOTION: Mayor Pro-tem Stluka moved to approve the resolution. Councilman Hairston seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 11.B.2. Consider a resolution authorizing the City Manager to execute a Purchase Order to Chasco Contracting for site grading work on the soccer fields at Old Settlers Park at Palm Valley. Staff Resource Person: Sharon Prete,Parks and Recreation Director. Staff is in the process of moving forward as quickly as possible on the soccer fields project. This will finish the • site grading on the soccer fields at Old Settlers Park at Pahn Valley. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has a need for site grading work to be done at the soccer fields at Old Settlers Park at Palm Valley, and WHEREAS, pursuant to Section 252.021 (a) of the Local Government code, bids were not required since the cost will be less than$15,000, and 243 April 8, 1999 WHEREAS, Chasco Contracting, Inc. has submitted a proposal to provide said site grading work, and WHEREAS, the City Council wishes to accept the proposal of Chasco Contracting, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposal of Chasco Contracting, Inc., is hereby accepted and the City Manager is hereby authorized and directed to issue a purchase order to Chasco Contracting, Inc. for site grading work to be done at the soccer fields at Old Settlers Park at Palm Valley. 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 April, 1999. 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 Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 11.C.1. Consider a resolution authorizing_a property tax refund to Michael Renna Staff Resource Person: David Kautz,Finance Director. State law requires that property tax refunds in excess of$500 be approved by the City Council. This refund for a portion of 1998 taxes is the result of a property value change by the Williamson County Appraisal District. The amount of the refund is $891.27 and the property is located on Parker Drive in Round Rock. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock is mandated by V.T.C.A., Tax Code §31.11 to refund, upon taxpayer application to the tax collector of its taxing unit and upon verification by the auditor of its taxing unit, any overpayment or erroneous payment of taxes; and • WHEREAS, if such amount exceeds $500.00, then the governing body of the taxing unit must also determine that the payment was erroneous or excessive and must approve the refund, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the following named taxpayer, Michael Renna, has made an overpayment or erroneous payment of taxes in the amount of$891.27; that such amount is in excess of$500.00; that such overpayment or erroneous payment has been verified by the Tax Collector and Auditor; and that application for refund has been made to the Tax Collector by said taxpayer. If the above-stated amount exceeds $500.00, the Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refunding in the amount of Michael Renna. 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 244 April 8, 1999 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 April, 1999. 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 Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. l l D 1 Consider a resolution authorizing the Mayor to execute a contract with Austin Traffic Signal Construction Co for Construction of Traffic Signals at Greenlawn Boulevard at Dell Way and Louis Henna Boulevard at Dell Driveway. Staff Resource Person: Tom Word, Traffic Engineer. Bids were opened on March 2, 1999 for the traffic signals at Greenlawn • Boulevard at Dell Way and Louis Henna Boulevard at Dell Driveway. Austin Traffic Signal Construction Co. was the only bidder. This contractor has constructed traffic signals for the City of Round Rock previously, and has provided quality construction. The bid price is $184,966.00 and is reasonable for the work. The time frame is 30 days for mobilization and 90 days for the actual construction. Staff recommended approval of the resolution. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of traffic signals at Greenlawn Boulevard at Dell Way ad Louis Henna Boulevard at Dell driveway, and WHEREAS, Austin Traffic Signal Construction Co., has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Austin Traffic Signal • Construction Co.,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Traffic Signal Construction Co. for the construction of traffic signals at Greenlawn Boulevard at Dell Way ad Louis Henna Boulevard at Dell driveway. The City Council hereby fmds 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 April, 1999. 245 April 8, 1999 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 Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 11.D.2. Consider a resolution supporting the Capital Area Metropolitan Planning Organization's request for the Texas Department of Transportation to fund the construction of three US 183 and SH 71 freeway projects that will improve access to the new Austin-Bergstrom International Airport. Staff Resource Person: Tom Word, Traffic Engineer. The Capital Area Metropolitan Planning Organization and the Capital Area Transportation Coalition are scheduled • to appear before the Texas Transportation Commission on April 29, 1999 to request construction funding for three freeway projects which will improve access to the new Austin-Bergstrom International Airport. The projects are on US 183 from the north end of the Colorado River Bridge to SH 71 and from south of IH 35 to south of US 290. The third project is to construct an interchange for US 183 and SH 71 (Ben White Blvd.). These projects will greatly reduce travel time from Round Rock to the new airport. Mayor Culpepper said he received a request for support of these projects from Austin's Mayor Kirk Watson and CAMPO. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Capital Area Metropolitan Planning Organization and the Capital Area Transportation Coalition will appear before the Texas Transportation Commission to request • funding approval for three US 183 and SH 71 freeway projects that will improve access to the new Austin-Bergstrom International Airport, and WHEREAS, the City of Round Rock wishes to execute a letter of support for said projects,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 letter of support for three US 183 and SH 71 freeway projects that will improve access to the new Austin-Bergstrom International Airport, a copy of said letter of support 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 246 April 8, 1999 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 April, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Joseph moved to approve the resolution. Councilman an Palmer • seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. 11.D.3. Consider a resolution authorizing the City Manager to execute a Purchase Order to Houston Galveston Area Council for the purchase of a two-ton flat wheel roller. Staff Resource Person: Jim Nuse, Public Works Director. The Public Works Department is in need of this two-ton flat wheel roller. The cost of the wheel roller is $29,955.20. This roller is used for Street • Maintenance repairs and will be funded from savings of Capitol Outlay purchases. Staff recommended approval of the purchase. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of a two-ton flat wheel roller, and WHEREAS,Houston Galveston Area Council has submitted he lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Houston Galveston Area Council,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Houston Galveston Area Council is hereby accepted as the lowest and best bid and the City Manager is hereby authorized and directed to issue a purchase order to Houston Galveston Area Council for a two-ton flat wheel roller. 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 81h day of April, 1999. 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. 247 April 8, 1999 VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. • l l.E.1. Consider a resolution rejecting all bids for the purchase of libraj7y shelving for the Children's section of the Library. Staff Resource Person: Dale Ricklefs, Library Director. As part of the process several vendors that could supply the shelving were asked to give input on the specifications that were developed. A couple of the vendors did not respond and so specifications went out that were ordinarily defined and with the particular shelving. Mdifications are being made and staff will re-bid the shelving with the appropriate change. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of library shelving for the children's section of the library, 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 purchase of library shelving for the children's section of the library 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 8th day of April, 1999. 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 Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart ACTION: The motion carried unanimously. APPOINTMENTS: None DISBURSEMENTS: 248 April 8, 1999 13.A. Consider payment of$152,500.00 to Camp Dresser&McKee Inc for engineering services associated with the expansion of the Water Treatment Plant The current contract price is $1,339,000.00 and the project is funded from Water System Construction Funds. 13.B. Consider payment of$39,093.57 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 1998 General Obligation Bonds and Regional Detention Funds. • g g U.C. Consider payment of$68,234.00 to Carter-Burgess, Inc for engineering services associates with the US79 reconstruction project from County Road 195 to County Road 110 The current contract price is $423,815.00 and the project is funded from Economic Development Sales Tax. 13.D. Consider payment of $104,452.58 to Chasco Contracting for the Downtown Drainage and Library Streets Project. The current contract price is $1,177,180.80 and the project is funded from 1996 and 1998 General Obligation Bonds. 13.E. Consider payment of$360,013.78 to Cunningham Constructors &Associates, Inc for the Disinfection Basin and Washwater Recovery Pump Station. The current contract price is $2,342,289.73 and the project is funded from Water System Construction Funds. • 13.F. Consider payment of $31,185.00 to ECO Resources Inc for the Greenslopes Subdivision Waterline Replacement. The current contract price is $356,401.00 and the project is funded from Water System Construction Funds (Blue Pipe Lawsuit Settlement). 13.G. Consider payment of$23,142.31 to J. Michael Faulk, Architects for the design of Fire Station No. 5 on DeMwood Drive. The current contract price is $74,012.00 and the project is funded from 1998 General Obligation Bonds. 13.H. Consider payment of$41,335.25 to Landmark Structures, Inc. for the Chisholm Valley and High Country Water Storage Facilities. The current contract price is $2,776,000.00 and the project is funded from Water System Construction Funds. 13.I. Consider payment of$27,075.00 to Matous Construction, Inc for the Chisholm Valley and High Country Water Storage Facilities-Contract 2. The current contract price is is $515,000.00 and the project is funded from Water System Construction Funds. 13.J. Consider payment of $53,867.25 to Nelson Lewis, Inc. for the Southcreek Waterline Replacement. The current contract price is $318,801.00 and the project is funded from Water System Construction Funds (Blue Pipe Lawsuit Settlement). {;.•g. fir' .'t,,, •t'f:} .,t.i :i+ .. 249 April 8, 1999 13.K. Consider payment of$11,399.00 to Omtex Systems Inc for a microcomputer server for the new Utility Billing System. The total contract price is $11,399.00 and the purchase is funded from a Self-Financed Utility Fund. 13.L. Consider payment of$57,326.00 to SetPoint Builders, Inc for the Public Works Building Additions and Alterations Project. The current contract price is $539,179.00 and the project is funded from Self-Financed Construction Funds. P J 13.M. Consider payment of$206,465.40 to CP Snider Construction Company, Inc for the Public Library Expansion Project. The current contract price is $2,870,435.00 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 Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Absent: Councilman Stewart • ACTION: The motion carried unanimously. CITY MANAGER'S REPORT: None COUNCIL COMMENTS: The Council wished Councilman Stewart a speedy recovery. Councilman Hairston encouraged everyone to visit the 1999 Old Settlers Music Festival. It starts Friday, April 9th at 1:00 p.m. and ends on Sunday,April 11th. Councilman Joseph hoped that all the soldiers come home safe and sound. ADJOURNMENT: There being no further business,the meeting adjourned at 8:17 p.m. Respectfully Submitted, Joanne Land,Assistant City Manager/ • City Secretary 250 April 22, 1999 The Round Rock City Council met in Regular Session on Thursday, April 22, 1999 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: April 8, 1999 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: Councilman Palmer said 22 years ago when he first came to Round Rock he became aquaintted with the logo of Farmers Sate Bank which was a cattle drive going past the "round rock". About 5 years ago the idea of placing a bronze cattle drive by the"rock"was created. In conjunction with Councilman Palmer's statement, John Moman of the Chamber of Commerce and Tim Bargainer of Hall/Bargainer Landscape Architects made a presentation on the proposed Chisholm Trail Project. Mr. Bargainer outlined the preliminary schematic conceptual plan. Mayor Culpepper said that the City approached the Highway Commission for a grade • separation between the Georgetown Railroad and RM620. When funds become available a temporary track would have to be built while all the grade separation was being constructed. Mayor Culpepper asked if the plan was allowing for that grade separation so nothing would be torn down. He added that the fence would need to be back far enough for a temporary railroad track. 251 April 22, 1999 Mayor Pro-tem Stluka asked that the timing of the parking lot in Phase 2 be given some thought because when Phase I is completed there will be no parking which would create a problem. John Moman concluded that anyone wishing to make a contribution to this project to • contact the Chamber of Commerce. Pat Patterson, 206 West Bagdad, said April 19-24t' is National Volunteer Week. Ms. Patterson gave a brief update on the status of the Round Rock Volunteer Center. She noted that the City received 41,532 volunteer hours. In addition, Ms. Patterson said that the Volunteer Center has been involved with the Youth Network and initiatives on how to reach the youths and help them acquire services they can perform for their community. Students from the Youth Network were present to summarize the responses from the 7' grade focus study groups from Hopewell Middle School and Chisholm Middle School. Linda Wiley, who is in charge of the Youth Network, thanked the Council for all their support and especially Mayor Culpepper for his interest, participation and the role model he has been. She added that Mayor Culpepper has always attended their meetings when he was asked • and assisted the Youth Network in many ways. PROCLAMATIONS: 6.A. Consider a proclamation proclaiming April 23, 1999 Dragon Junior Civitan Day.. Mayor Culpepper read the appropriate proclamation and presented it to Linda Wiley and Debbie Bruce-Juhlke. PRESENTATIONS: 7.A.1. Consider a presentation concerning various appointments to City Boards and Commissions. Staff Resource Person: Joanne Land, Assistant City Manager. There are approximately 50 appointments that will be necessary to fill the various Boards and Commissions in the upcoming 6 weeks. The appointment process will begin June 11, 1999 and • continue until all appointments have been made. The applications and letters of interest will be taken until June 4, 1999. An application will be placed in the Round Rock Leader. The following appointments are needed: 5 appointments to the Planning and Zoning Commission; 6 appointments to the Development Review Board; 3 appointments to the Round Rock Housing Authority; 1 appointment to the Historic Preservation Commission; 4 appointments to the Electrical Examining and Advisory Board; 2 appointments to the Golf Course Advisory Board; 4 252 April 22, 1999 appointments to the Ethics Review Commission; 5 appointments to the Advisory Board for the Aging; 5 appointments to the Round Rock Housing Finance Board of Directors; 7 appointments to the Round Rock Golf Inc. Board of Directors; and 7 appointments to the Charter Review Commission. 7.B.1 Consider a presentation on draft chapters of the City of Round Rock 2000 • General Plan, specifically Chapter 1• Introduction• Chapter 2• Goals; Chapter 3• Community Analysis; Chapter 4: Existing Land Use. Staff Resource Person: Joe Vining,Planning Director. Mr. Vining outlined the following Chapters of the General Plan. Chapter 1 —Introduction Chapter 2—Goals and Objections Key Topics Goal Categories Purpose Transportation Uses of the General Plan Citizen Involvement History of the General Plan—New Utilities and Drainage The Planning Process—New Economic Development The Planning Area Neighborhood Preservation Physical Setting Historic Preservation History City Identity and Appearance Development Constraints Parks Open Space and the Environment Housing Opportunities Social and Community Services • Public Facilities Chapter 3 —Community Analysis Chapter 4—Existing Land Use Key Topics Key Topics Introduction Introduction Historical Population Land Use Inventory Growth in 80's Land Use Categories Growth in 90's Land Use Analysis Growth Projection for Future Zoning Inventory and Analysis The five steps that will be used to Revise the General Plan are as follows: Step 1: City Seminar 3-Meetings Participation from all of ETJ Attend to qualify for Workshops • Step 2: Ci1y Surveys City Services . Planning Issues Identifies Issues for workshops Step 3: Planning &Design Workshops One Day/Single issue f 253 April 22, 1999 Provide recommendations to City Council for goals 15-20 participants per group Step 4: Council Goals Workshop Revise General Plan's Goals Guidance to City Staff • Step 5: ExistingPlan Updates Community Profile Merge new plans - Transportation Plan - Consolidated Plan 7.B.2. Consider a presentation concerning establishing a Community Development Commission. Staff Resource Person: Joe Vining,Planning Director. Tiri Jenkins, Senior Planner made the staff presentation. This seven member committee contributes to public participation by helping to: identify housing and community development needs; establish priorities relating to those needs; propose activities and projects to address priority needs; and • recommend the amount of Federal, State, and Local monies to be allocated to these Community Development activities. As specified in the 1998-2000 Consolidated Play,the City is committed to creating this Commission. This commission will give the public input needed to satisfy HUD regulations for public participation. At any given time no less than 70% of the CDC membership shall be comprised of individuals representing low to moderate income people and/or organizations which serve low/moderate income people. The CDC will receive quarterly performance updates from the Office of Community Development and will perform oversight of program activities. Performance updates will be provided to the CDC seven days prior to a quarterly meeting. CDC will develop recommendations to the Council on how to allocate CDBG funds, including program income associated with these monies left unspent and unobligated from the previous program year and any additional Federal fund allotments. In response to Councilman Hairston's question,Mr. Jenkins explained the process that will determine if a neighborhood is a target area. PUBLIC HEARINGS: None ORDINANCES: 254 April 22, 1999 9 A 1. Consider an ordinance amending the 1998-1999 Hotel Occupancy Tax Budd (Second Reading) Staff Resource Person: David Kautz,Finance Director. This amendment reflects certain preliminary costs for the Convention Center Complex,which are to be paid from the Hotel Occupancy Tax operating account. This amendment also reallocates funding for the remaining Chisholm Trail Statuary site,which was originally budgeted last year but not • purchased until this year. The first reading of the ordinance was approved on April 8, 1999 and there have been no changes since the first reading of the ordinance. The Hotel Occupancy Tax Fund budget is as follows. Estimated Fund Balance 10/1/98 $162,769 Less Reserves* (445,480) Estimated Revenue(FY 1998-1999) 813,261 Total Funds Available 530,550 Requested Expenditures (FY 1998-1999) (530,550) Estimated Unreserved Fund Balance 9/30/99 $ 0 *Reserves are established for working Capital and Convention Center Complex Facility. Mayor Culpepper read the caption of the ordinance. • ORDINANCE NO. AN ORDINANCE AMENDING THE 1998-99 HOTEL OCCUPANCY TAX BUDGET. 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 prohibiting narking on the north side of Anderson Avenue from a point 448 feet west of Brown Street to a point 513 feet west of Brown Street (Second Reading) Staff Resource Person: Tom Word, Traffic Engineer. The location that parking will be prohibited is in front of Berkman Elementary School Monday through Fiday. Vehicles parked along the curb at this location interfere with the orderly use by parents of the drop-off and pick- up driveway in front of the school. Traffic and pedestrian safety will be enhanced by the 255 April 22, 1999 prohibition of parking at this location. The first reading of the ordinance was approved on April 8, 1999. Staff recommended approval of this ordinance. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON THE NORTH SIDE OF ANDERSON AVENUE FROM 448 FEET WEST OF BROWN STREET TO 513 WEST OF BROWN STREET; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 7 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. • RESOLUTIONS: 10.A.1. Consider a resolution authorizing the City Manager to execute a Purchase Order for site grading work on the soccer fields,to be constructed in the Luther Peterson Subdivision. Staff Resource Person: Sharon Prete,Parks and Recreation Director. The City is developing approximately 12 acres to add needed soccer fields to our inventory. Four bids were received for the site grading work at the soccer fields. Chasco Contracting submitted the best bid at$24,900. In response to Councilman Hairston's question,Ms. Prete said that the fields at Luther Peterson should be ready by the Fall of 1999. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for site grading work • on the soccer fields to be constructed in the Luther Peterson Subdivision, and WHEREAS, Chasco Contracting has submitted the lowest and,best bid, and WHEREAS,the City Council wishes to accept the bid of,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Chasco Contracting is hereby accepted as the lowest and best bid and the City Manager is hereby authorized and directed to issue a purchase order to Chasco Contracting for site grading work on the soccer fields to be constructed in the Luther Peterson Subdivision. 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. 256 April 22, 1999 RESOLVED this 22nd day of April, 1999. 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.B.1. Consider a resolution adopting the eligibility guidelines and criteria for the City of Round Rock Home Ownership Assistance Program (HOAP. Staff Resource Person: Joe Vining, Planning Director. HOAP is Project 3 of the FY 1998-99 Action Plan and is being funded with Community Development Block Grant(CDBG)monies. • Tim Jinkins outlined the following Eligibility Criteria for Home Ownership Assistance. • 1st time homebuyer or not owned within past 3 years • Annual household income does not exceed income limits • Property in Round Rock city limits and constructed no sooner than 1 year prior to application • Purchase price of home cannot exceed 95% of median sales price for Round Rock (currently$113,810) • Former occupants of property cannot have been displaced • Property must meet City of Round Rock building codes • Applicant must participate and complete home purchasing and ownership counseling • Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City has previously applied to the U.S. Department of Housing and Urban Development ("HUD") for Community Development Block Grant Program funds for specific projects and activities identified in the Fiscal Year 1998-1999 Action Plan, and WHEREAS, the Home Ownership Assistance Program (HOAP) is Project 3 of the Fiscal Year 1998-1999 Action Plan, and provides qualified, first time homebuyers with non-interest bearing loans for down payment and/or closing costs, and 257 April 22, 1999 WHEREAS, the City Council wishes to accept and approve the eligibility guidelines and criteria for the HOAP,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby accepts and approves the eligibility guidelines and criteria for the City of Round Rock Home Ownership Assistance 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 April, 1999. 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.C.1. Consider a resolution approving Critical Policies for the Round Rock Police Department and the revision of the Police Department Policy Manual. Staff Resource Person: Paul Conner, Chief of Police. A presentation was made on this item at the last Council meeting. This resolution will authorize two policies which are Vehicular Pursuit and Use of Force. The resolution will also authorize the Chief of Police to establish other policies and modify those policies as needed with the exception of these two critical policies. The City Attorney has reviewed both policies since the presentation was made and minor modifications were made only in the language of the two policies but the substance of the two policies is the same. Mayor Culpepper read the following resolution. • RESOLUTION NO. WHEREAS,the City Council wishes to adopt Critical Policies for the Round Rock Police Department dealing with Use of Force and with Vehicular Pursuit, and WHEREAS, the adoption of said Critical Policies would conflict with Sections 6.08 and 7.02 of the existing Police Department Policy and Procedure Manual, as adopted by Resolution No. 1255R, and WHEREAS, due to the conflict, it is necessary to repeal Sections 6.08 and 7.02 of the existing Police Department Policy and Procedure Manual, and 258 April 22, 1999 WHEREAS, the City Council wishes to grant the Chief of Police the authority to adopt a new Police Department Policy and Procedure Manual, and to make any necessary amendments to said manual at the Chief's discretion,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the attached Critical Policies dealing with Use of Force and with Vehicular Pursuit are hereby adopted. BE IT FURTHER RESOLVED That Sections 6.08 and 7.02 of the existing Police Department Policy and Procedure Manual as adopted by Resolution No. 1255R, are hereby repealed. BE IT FURTHER RESOLVED, • That the Chief of Police is hereby granted the authority to adopt and amend a new Round Rock Police Department Policy and Procedure Manual. 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 April, 1999. 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. I O.D.1. Consider a resolution authorizing the Mayor to execute Contract Change Order No.5 to Chasco Contracting for the Downtown Storm Drainage and Street Improvement Project Staff Resource Person: Jim Nuse, Public Works Director. This change order provides for an increase from 2 inches to 3 inches in the Hot Mix Asphaltic Concrete overlay construction on Milam Street to compensate for the weakened condition of the existing roadway structure due to • the utility work. The change also provides for the lowering and sleeve of a wastewater service line,which was in conflict with the concrete box storm sewer construction at the intersection of Spring Street and Pecan Street. This change order is for$7,098.00. Staff recommended approval. Mayor Culpepper read the following resolution. RESOLUTION NO. 259 April 22, 1999 WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Chasco Contracting, Inc. for the Downtown Storm Drainage and Street Improvement Project, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 5,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. 5 to the Contract with Chasco Contracting, Inc. for Downtown Storm Drainage and Street Improvement 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 April, 1999. 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.D.2. Consider a resolution authorizing the Mayor to execute an agreement with HF2M, Inc. to defer requirement to construct a 10' concrete trickle channel. Staff Resource Person: Jim Nuse, Public Works Director. A site development plan was previously approved for HF2M, Inc. for a warehouse addition that would require the construction of a ten-foot concrete trickle channel. HF2M1 Inc. has requested that the construction of the channel be temporarily deferred. This agreement provides that $38,000, which is the equivalent to the amount of money • to do the concrete bottom,be placed in escrow. The developer will then have until December 15, 2000 to construct the improvements otherwise the City will use the money to complete the work. HF2M will maintain the channel in the interim period. Staff recommended approval. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously approved a site development plan for HF2M, Inc. for a warehouse addition at 2551 Tellabs Drive, and 260 April 22, 1999 WHEREAS, said site development plan includes the construction of a ten foot wide concrete trickle channel, and WHEREAS, HF2M desires to defer construction of the said concrete trickle channel, 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 HF2M, Inc. to defer construction of the ten foot wide concrete trickle channel, 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 April, 1999. 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. 10.13.3. Consider a resolution authorizing the Mayor to execute a contract with Austin Wood Recycling, Inc. for mulching brush at the Deepwood facility Staff Resource Person: Jim Nuse, Public Works Director. This contract will provide for the grinding of fresh and old brush and to have it hauled off the premise. The cost of the service is $50,177.50. City residents will be allowed to bring 8 cubic yards of brush, per year into the Deepwood site. Additional brush will be charged at $4.00 per cubic yard. Non-residents and contractors will be charged the existing rate of$5.00 per cubic yard. The City will be allowed to bring up to 2,500 cubic yards of brush into the Deepwood site. Additional drops will be charged at $4.00 per cubic yard. The City will • also receive up to 1,000 cubic yards of primary grind mulch material at no charge. Councilman Stewart asked if language can be added to include the material that is created as a result of an unusually large storm. Mr. Bennett responded that staff can pursue a way to handle a situation like a large storm. 261 April 22, 1999 In response to Councilman Palmer's question, Mr. Nuse said someone will be at the Deepwood Center daily and will coordinate their time with the Recycling Center. The contractor will only be allowed to have a 90 day stock pile on site at any point in time. Mayor Culpepper read the following resolution. • RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for mulching brush at the Deepwood facility, and WHEREAS, Austin Wood Recycling, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Austin Wood Recycling, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Wood Recycling, Inc. for mulching brush at the Deepwood facility, 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 22nd day of April, 1999. 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. 10.D.4. Consider a resolution authorizing the Mayor to execute a contract for modifications to Well No. 9. Staff Resource Person: Jim Nuse, Public Works Director. Bids were received on April 13th for the Well Site No. 9 Modifications. This project involves modifications necessary to bring this groundwater well site back on-line this summer. The work includes the installation of new chlorinators and ammonia injection equipment including metering pumps and safety equipment. The capacity of this well is approximately 700 gpm or 1 MGD. This additional increase in capacity is to supplant existing water production capabilities during this 262 April 22, 1999 summer. The low bidder was Matous Construction Co., Inc. at a price of $198,000.00. Staff recommended approval. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for modifications to Well No. 9, and WHEREAS, Matous Construction Company has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Matous Construction 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 a contract with Matous Construction Company for modifications to Well No. 9, 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 22nd day of April, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stewart moved to approve the resolution. Councilman Joseph • pp 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. 10.D.5. Consider a resolution authorizing the Mayor to execute a contract with HighwaX Safety Service Inc. for maintenance of roadway striping_ Staff Resource Person: Jim Nuse, Public Works Director. The contract includes restriping and placement of pavement markers on • streets that are scheduled in the Street Departments Striping Program. In response to Councilman Hairston's question, Mr. Nuse said that the unit price is good for a year and heavily traveled intersections can be restriped but because of the material that will be used less maintenance will be required. Mr. Bennett noted that this is another area that we try to avoid reoccurring overhead cost. Mayor Culpepper read the following resolution. 263 April 22, 1999 RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for maintenance of roadway striping, and WHEREAS, Highway Safety Service, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Highway. Safety Service, 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 Highway Safety Service, Inc. for maintenance of roadway striping, 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 22nd day of April, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Hairston 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.D.6. Consider a resolution authorizing the Mayor to execute an engineering agreement with RJN Group. Inc. for a Sanitary Sewer Engineering Study Phase II. Staff Resource Person: Jim Nuse, Public Works Director. A detailed presentation was made on this item at the last Council meeting. This is the second phase of the SSES project and will examine the three highest areas of inflow/infiltration as identified under the Phase I study. The objective is to investigate the reasons this inflow is entering specific collection areas and determine an • appropriate correction effort. The project will develop rehabilitation and improvement costs for various possible improvements including, in-general, main replacement, point repair, internal lining,pipe-bursting and manhole rehabilitation. Implementation of the study will assist the City in eliminating the high inflow and infiltration occurring in these basins through the development applicable engineering designs and appropriate repair methods. This contract is for $148,652.00. Staff recommended approval of the agreement. 264 April 22, 1999 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for a Sanitary Sewer Engineering Study,Phase H, and WHEREAS,RJN Group, Inc. has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with Rjn Group, 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 RJN Group, Inc., for engineering services for a Sanitary Sewer Engineering Study, Phase H, 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 22nd day of April, 1999. 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.D.7. Consider a resolution authorizing the Mayor to execute a contract for the construction of the Water Treatment Plant Expansion, Phase IV Staff Resource Person: Jim Nuse, Public Works Director. Seven bids were received and opened earlier in the day for the construction of the Water Treatment Plant Expansion, Phase.IV. The low bidder was Kinsel Industries, Inc. with a bid of $6,046,900.00. The engineer's estimate was $8,150,000.00. The project is scheduled to be completed in 13 -months. Camp Dresser & McKee Inc. is currently working with Kinsel Industries on a project in Corpus Christi and their work has been satisfactory. Scott Zimmerman, General Superintendent for Kinsel Industries, Inc. introduced his firm and briefly outlined the company's background and projects they have worked on. Mr. Nuse outlined the following status of the Water Treatment Plant Project. 265 April 22, 1999 • Basin&Related(has been awarded) $2,342,300 • Plant(to be awarded at this meeting) $6,0456,900 • Intake (bid 8/99) $1,650,000 • Clearwell(bid 9/99) $2,000,000 • • The pre-construction conference is scheduled for May 3, 1999. Mr. Nuse added that Camp Dresser & McKee went out of their way to pull together a project in a very short time frame and literally moved up the construction of the plant at the request of the City and made it feasible to build it a year ahead of time. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Water Treatment Plant Expansion,Phase IV, and WHEREAS, Kinsel Industries,Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Kinsel Industries, 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 Kinsel Industries, Inc. for the Water Treatment Plant Expansion, Phase IV, 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 22nd day of April, 1999. 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.8. Consider a resolution authorizing the Mayor to execute a partial release of an easement located on Lot 22, Southern Terrace Revised Subdivision. Staff Resource Person: Jim 266 April 22, 1999 Nuse, Public Works Director. This property is located 2205 Dixie Lane. The owner is requesting a partial release of a public utility easement (PUE) to make additions to her home. This PUE was established by separate instrument and is not reflected in the official subdivision plat records. The affected utility providers have signed off with no objection. Staff recommended approval. Mayor Culpepper read the following resolution. • RESOLUTION NO. WHEREAS, the owners of Lot 22, Southern Terrace Revised, a Subdivision in the City of Round Rock have petitioned the City Council to partially release a public utility easement over Lot 22, Southern Terrace Revised, and WHEREAS, all authorized public utility users of said easements have concurred in writing with said petition,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 Partial Release of Easement, a copy of said document 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 April, 1999. 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 E 1 Consider a resolution expressing the City Council's opposition to HB1099 • regarding collective bargaining agreements. Staff Resource Person: Bob Bennett, City Manager. Representative Krusee asked that a resolution be drafted in opposition of HB 1099. HB 1099 allows a political subdivision to negotiate with and enter into collective bargaining contracts with a labor organization. HB 1099 also allows a political subdivision to recognize a labor organization as the bargaining agent for a group of public employees. The Council felt that such 267 April 22, 1999 things should not be in the purview of a public employee to be able to collectively bargain with the government. This bill does not impact police or firefighters, does not supercede anything that currently exists in the City and it also doesn't take away any rights they already have under existing State law. • Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, House Bill 1099 would allow a labor organization to negotiate with and enter into collective bargaining contracts with a municipality, and WHEREAS, the Round Rock City Council does not think that the passage of House Bill 1099 would be in the best interests of the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council wishes to express its opposition to House Bill 1099 and urges representative Krusee to vigorously oppose the adoption of said bill. 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 April, 1999. 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. 21''D MOTION: Councilman Hairston moved to amend the resolution by rewording the second paragraph to "Whereas, House Bill 1099 is not in the best interest of Round Rock, Now Therefore." Mayor Pro-tem Stluka seconded the motion. VOTE ON 2'''D 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. VOTE ON 1ST MOTION: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez 266 April 22, 1999 Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: None DISBURSEMENTS: • 12.A. Consider payment of$7,594.42 to Bay Maintenance Company for the Rubio Street and Drainage Project. The current contract price is $615,396.25 and the project is funded from 1996 and 1998 General Obligation Bonds. 12.13. Consider payment of$21,150.00 to Camp Dresser&McKee, Inc for engineering services associated with the expansion of the Water Treatment Plant The current contract price is $1,339,000.00 and the project is funded from Water System Construction Funds. 12 C Consider payment of $10,324.90 to Spencer Godfrey Architects for services associated with the design of the Clay Madsen Recreation Center. The current contract price is $338,738.20 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: Mr. Bennett provided a copy of letters that Mayor Culpepper and Mayor Pro-tem Stluka sent out on behalf of the Council. The letters were authorized by a previously approved resolution that clarifies the City's position on specific legislative matters. The items that are of most concern now are fast growth school districts and • questions relative to sales tax. Copies of specific bills were also provided to the Council. COUNCIL COMMENTS: Councilman Hairston urged everyone to take advantage of the early voting hours to cast their vote. Councilman Stewart complimented Richard Gillory for doing a good job in televising the meeting. He also complimented PARD on the mowing along the Interstate. Councilman Stewart 269 April 22, 1999 offered a brief complimentary report on the conditions at Forest Creek Golf Club. He asked for the Council's consensus to appear before the Golf Course Advisory Board to relay his compliments on behalf of the Council. The Council gave their consensus. Councilman Palmer wished a good walk for everyone who was participating in the • Cancer Walk on April 23`d. He offered his compliments on the sketch of the Chisholm Trail Statutes and also encouraged everyone to vote. Councilwoman Chavez wished a speedy recovery to Janet Bennett, spouse of Bob Bennett. She said that the Relay for Life, to benefit the American Cancer Society, will be at Hopewell Middle School and will begin at 4:00 p.m. on Friday, April 23`d and end Saturday, April 24"'. Councilwoman Chavez reminded everyone that the Household Hazardous Waste Collection Day is Saturday, April 24 from 9:00 a.m. to 12:00 p.m. at the Teco-Westinghouse Motor Company. In conclusion, Councilwoman Chavez gave an update on the legislation that would allow teachers to serve on the Council and receive compensation. She added that Peggy Smith Croslin was very instrumental in this legislation progress. Councilman Joseph wished a speedy recovery to Janet Bennett. He added that the hearts • and prayers of the Council and citizens o out to the youths and parents affected b the recent p Y g Y p Y tragedy at Columbine High School, Colorado. Mayor Culpepper said that there was an article in Sunday's Austin American Statesman about him. Melissa Shea made a statement that she has a clear indication that decisions are being made behind closed doors. He noted that a majority of the Council is needed to make decisions for the City. Mayor Culpepper offered Melissa Shea a challenge. He will write a personal check in the amount of$500 to the Common Cause or her favorite charity if she can find any proof of her statement. He asked her to come before the Council to publicly apologize for that statement. ADJOURNMENT: There being no further business,the meeting adjourned at 8:48 p.m. • Respectfully Submitted, Joanne Land, Assistant City Manager/ City Secretary 270 May 6, 1999 The Round Rock City Council met in a Special Called Session on Thursday, May 6, 1999 at 6:00 p.m. in the City Council Chamber, 221 E.Main Street. 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 was absent. Also present • were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. CANVASS MAY 1, 1999 CITY COUNCIL ELECTION. Mayor Culpepper asked Councilman Hairston, Councilwoman Chavez and Joanne Land to canvass the election. DECLARE MAY 1, 1999 CITY COUNCIL ELECTION RESULTS OFFICIAL. Councilman Hairston reported that 6% of the registered voters voted in the May 1, 1999 Election. Results of that election are as follows: Mayor Robert Stluka 1,494 votes (uncontested) Council.Place 1 • Tom Nielson 1,396 votes (uncontested) Council,Place 4 Ken Lounsbury 779 votes Earl Palmer 1, 013 votes (winner) Total votes cast: 1,958 out of 29,596 registered voters. MOTION: Councilman Stewart moved to declare the results of the May 1, 1999 election official. 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. RESOLUTIONS: 5.A.1. Consider a resolution authorizing the City Manager to execute a Purchase Order for the purchase of structural steel for the Convention Center/Stadium Project Staff Resource 7 -'f':'`��. 271 May 6, 1999 Person: Jim Nuse,Public Works Director. This item was withdrawn from the agenda and will be brought back to the next Council meeting. 5.B.2. Consider a resolution authorizing the Mayor to execute Estoppel Certificate for the Convention Center Complex Lease Agreement Staff Resource Person: Steve Sheets, City • Attorney. RSR previously entered into a Convention Center Complex Lease Agreement with the City of Round Rock. RSR assigned its interest to Round Rock Baseball. In order for Round Rock Baseball,Inc. to obtain financing it is necessary for the City to approve an Estoppel Certificate. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") and Ryan Sanders Ryan, Inc. ("RSR") have previously entered into that one certain Convention Center Complex Lease Agreement ("Lease") dated January 20, 1999, and WHEREAS, RSR assigned its interest in and to the Lease to Round Rock Baseball, Inc., and WHEREAS, in order for Round Rock Baseball, Inc. to obtain financing from Compass Bank, it is necessary for the City to approve and execute the attached Estoppel Certificate, 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 Estoppel Certificate to allow Round Rock Baseball, Inc. to obtain financing from Compass Bank, a copy of said Estoppel Certificate 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 Resoltuion 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 6"'day of May, 1999. 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 Culpepper Noes: None Absent: Mayor Pro-tem Stluka ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 6:15 p.m. Respectfully Submitted, Joanne Land, Assistant City Manager/City Secretary 272 May 13, 1999 The Round Rock City Council met in Work Session and Regular Session on Thursday, May 13, 1999 at 6:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Charles Culpepper, Mayor Pro-tem Robert Stluka, Councilman Rick Stewart, Councilman Earl Palmer, Councilwoman Martha Chavez and Councilman Jimmy Joseph. Councilman Earl M. Hairston arrived during item 3AL • 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 on draft chapters of the Round Rock General Plan 2000, specifically: Chapter 5: Future Land Use; Chapter 6: Community Facilities; Chapter 7• Transportation; Chapter 8• Utilities; Chapter 9• Parks Plan; Chapter 10• Neighborhood Planning Staff Resource Person: Joe Vining,Planning Director. Mr. Vining outlined the following draft Chapters of the General Plan 2000 Chapter 5—Future Land Use The Future Land Use Plan is based on the following elements: • General Plan 2000 Assumptions • • Development Evaluation Criteria • Plan Features • Land Use and Population Analysis • Compatibility Standards • Location Criteria and Development Standards for Multi-Family Structures • Future Land Use Map and Map Interpretation Policies • Pan/Map Amendment Policies In response to Councilman Hairston's question, Mr. Vining said a signal for updating the Plan will be if a major opportunity comes up that doesn't fit with the existing Plan but would benefit the community. The Plan is constantly being reviewed. Mr. Vining added that there is not • a specific time to modify the Plan but it can be valid for 7 to 8 years and even longer. Chapter 6—Community Facilities Community Services are a major component of the City's physical, social and economic fabric. Facilities help define the identity of the City and contribute to the City's social and I 273 13 . 19 9 9 economic prosperity. The facilities in this chapter include Fire,Police, Library,Parks, Convention Center/Stadium Complex and Schools. Chapter 7—Transportation This Chapter is designed to work"hand and glove"with the Master Transportation Plan. • The General Plan establishes transportation goals and objectives, the Transportation Master Plan utilizes technical data to support those goals and objectives. Chapter 8—Utilities The supply of basic utilities for the City has progressed with the growth of the community. A study of the basic utility structure and needs was undertaken in 1986. This produced the City's Master Water and Wastewater Study. This Chapter is required in a General Plan along with the Transportation Plan. Chanter 9—Parks and Oven Space Plan This Chapter will address the Parks and Open Space Plan. Chapter 10—Neighborhood Planning The Neighborhood Planning Program is a collaborative program that seeks to provide • neighborhood residents with the assistance and coordination that is necessary to promote neighborhood stability and improvement. 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 April 22. 1999 and Special Called Session • May 6; 1999 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 274 May 13, 1999 Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Andy Martinez, 3808 Galena Hills Loop, invited the Council to the 30th Fiesta Amistad • on Saturday,May 29 and Sunday,May 30"'in the downtown area. PROCLAMATIONS: None PRESENTATIONS: 10.A.1. Consider a presentation by Watson Wyatt for an updated market study. Sarah Hutchinson of Watson Wyatt Worldwide will present methodology results and recommendation on the Market-Based Compensation Study. Staff Resource Person: Teresa Bledsoe,Human Resources Director. Ms. Bledsoe said that Watson Wyatt completed the updated market based compensation study,which is consistent with the study that was conducted in 1997. Since then the population has grown 11%placing an increased demand for City services and staff. The lowest unemployment rate in 20 years is being experienced in the City and nationwide causing the pool • of available workers to shrink and adding substantial pressure on wages for"entry level"jobs. The jobless rates are also decreasing: • Round Rock: 1.8% in March 1998 to 1.5% in March 1999 • Austin area: 3.4%to 2.6% • San Antonio: 3.6%to 2.8% • Dallas: 3.1%to 2.8% • Houston: 4.0%to 3.9% Employment opportunities in Round Rock are increasing in the service industry with the additions of hotels/motels, eating establishments and retail stores. Dell is also continuing to grow as well at the other industries. These are all affecting and impacting the City's ability to recruit • qualified and competent employees. The City is feeling market pressures for many positions and has difficulty filling open positions, particularly entry-level positions and those with direct citizen contact and retention is also of great concern. Watson Wyatt was asked to: • conduct the City's scheduled market update 275 131 I q q q • ensure the update reflected the state of the City today • ensure accurate job matches to essential job functions • Interpret the results of the analysis and to bring the following recommendations. Sarah Hutchinson outlined the following: • 1997 Major Project Steps • Compensation philosophy development • Market pricing process • Internal job evaluation process • Salary structure development • Overlay of employee salaries on recommended salary structure • Market adjustments • Commitment to regular market updates Compensation Philosophy • New"market"definition - Cities and private industry • - Specific geographic considerations • Desired positions - "Average to average" - Based on new market • Role of management • Reinforcement of performance orientation 1999 Market Update • Watson Wyatt suggested an update on biannual basis • 1999 update was scheduled early due to perceived market pressures • Initially only an update of market data • • Interim findings reveal that more in-depth analysis was needed Analysis Steps • Update market data in database • Compare new data to existing salary structure Does the structure need to be adjusted upward and, if so,how much? 276 May 13, 1999 - Do any specific jobs need to be moved up or down in the structure to reflect changes in the market? • Determine the impact on employee salaries 1999 Analysis • Pulled"same data"from"same surveys"in general • - Looked at a few new salary surveys - Matched new jobs to salary surveys - Ensured 1997 matches were still appropriate and made changes where needed Structure Analysis • Compared updated market data to existing salary structure at Round Rock - Structure implemented October 1997 - Only minor changes to structure since implementation • Determined that structure should be adjusted upward approximately 3 - 5% after review of individual jobs Review of Jobs • Reviewed each job at Round Rock • • 61 jobs needed to be re-slotted to a higher grade - Considered market data - Considered relative internal values of jobs • Most impacted jobs in lower grades with multiple job incumbents Some Re-Slotted Jobs • Water plant operators and several waterline maintenance jobs • Utility billing customer service jobs • Municipal court clerks • Library technicians and aids • PARD and Public Works entry-level jobs • • Public safety communications • Police department sworn officers All sworn fire positions below the Chief and the Fire Marshal Recommendations for 1999/2000 • Adjust existing salary structure 4% a. 277 I-nc4 lqqq . l • Ensure all employees are paid at least at the minimums of the pay ranges in the new structure • Provide market adjustments for individuals in jobs which were re-slotted • Consider market adjustments for remaining employees to ensure desired competitive position New Salary Structure • • Excellent alignment with market - On average, structure is"right on"the market • Will ensure the City is able to hire at competitive rates • Will require changing new hire rates for entry Police and Fire jobs • Will require market adjustments to individual employee salaries In conclusion,Ms. Bledsoe outlined the following: Market Adjustment Impact • $1.250 million in salary adjustments - All employees will receive at least 3% - Adjustments range from 3% - 19.5% • Recommended new salaries • - Reviewed and discussed with Department Directors - Ongoing review and discussions with Human Resources and City Administration • New hiring rates for Police and Fire Timing and Proposed Implementation • May 13 —Watson Wyatt presentation to City Council • May 17-27—Departmental meetings to discuss methodology and results • May 27—Budget revision presentation to City Council e June 10—Budget ordinance first reading • June 24—Budget ordinance second reading • June 26—Beginning pay period effective date for pay increases • • July 16—New pay rate reflected in pay checks or pay stubs 10.B.1. Consider an update concerning legislative matters. Staff Resource Person: Bob Bennett, City Manager. Peggy Croslin gave an update on the City's legislative agenda. She noted that Councilwoman Chavez's bill, the constitutional amendment,is on its way for final approval in 278 May 13, 1999 the House. It has passed the Senate and once it has passed in the House it doesn't have to have the Governor's signature so it will appear on the ballot in November. There are three tax bills that would affect the City. Two bills, HB 2371 and HB 2372, are concerning sales tax revenue to the City which would exempt items from sales tax and both of the bills are out of the House. • The Transportation Funding bill looks favorable for funds concerning transportation proj ects. SB 710, County Land Use Regulation,has passed and is on its way to the Governor. This bill grants counties the authority to require platting of new subdivisions with certain exceptions. It strengthens county authority regarding subdivision drainage,water and sewer services. The LCRA/BRA bill passed the Senate and is waiting final approval by the House. The Fast Growth School Districts bill is still"up in the air"and the City is supporting RRISD Bills SB4, SB591 and SB592. 10.C.1. Consider a presentation on the Parks Recreation and Open Space Master Plan Staff Resource Person: Sharon Prete: Parks and Recreation Director. Ms. Prete said the keyelements of the planning process for the Comprehensive Parks • p gp p Recreations and Open Space Master Plan are to look at the inventory and supply analysis, look at the parks, facilities and programs and in conjunction with that gross revenues and assessment process and the costs. They will look extensively for citizen's input like the workshops that were conducted for the General Plan. The items that will be addressed in the Master Plan will be within the goals and objectives of the General Plan and it will be in compliance with the Parks and Wildlife grant application process. The entire jurisdiction of Round Rock will be addressed including the ETJ. The Plan will be for a minimum of 5 years and a maximum of 10 years and the process will take between 6 to 8 months. The cost will be about$60,000 to accomplish. 10.D.1. Consider a presentation concerning the status of road projects throughout the Ci1y. Staff Resource Person: Tom Word, Traffic Engineer. • Tom Word gave an update on the following projects. Greenlawn Boulevard extension south of Louis Henna Boulevard and west to IH35—The plans are complete, the notice is in the paper for contractors and the bid opening will be held on May 25"'. Construction will begin around mid-July and be completed in 9 months. J3 ► qq� 279 US79 Improvements—The plans are 95%complete for the highway and the improvements to Harrell Parkway adjacent to the Civic Center/Stadium. The plans will be finished by the end of the month and then submitted to the State. South Mays/Dell Way/Hester's Crossing—There has been a slight delay in the • realignment of Hester's Crossing. The schedule for the acquisition of the right-of-way for the South Mays to Dell Way extension should take 120 days with a 2-3 month construction time period. The proposed target date for completion of this project is before the Christmas season. Sam Bass Road Improvements—The plans are complete and will begin advertising the project and open the bids in June with construction in the summer. Park Valley Drive—Is coming along and should be on track for future improvements. McNeil Road Improvements—Staff is waiting on final approval from the State to advertise and bid out the project. Mayor Culpepper said if there is any way to get the Dell Way project from the Boardwalk completed before Christmas it will help. As the Dell campus grows, its another exit that will be p p p appreciated by the citizens. Also, in conjunction with the Stadium project, County Road 113 will • need to be improved. l O.E.1. Consider a presentation concerning capital improvements relatingto o the proposed adoption of impact fees. Staff Resource Person: Joe Vining,Planning Director. Every three years as required by law if the City wishes to continue charging Capital Recovery Fees an evaluation needs to be conducted. The preliminary impact fee study indicates that the capital improvements or facility expansions needed to serve new development in Round Rock over the next 10 years will cost$40,558,000. Of this amount,water related improvements will cost$26,176,000 and wastewater related improvements will cost$14,382,000. The Impact Fee Study also estimates that 7,517 new connections (LUE)will be made to the water system during this 10 year period and 6,055 wastewater connections will be made. • Therefore, the cost of expanding the water and wastewater system could be allocated to each living unit equivalent as follows: Calculated Water Impact Fee $3,482 per LUE Calculated Wastewater Impact Fee $2,375 per LUE The proposed Impact Fee for water and wastewater is less than the above the amounts as follows: 280 May 13, 1999 Proposed Water Impact Fee $2,345 per LUE Proposed Wastewater Impact Fee $1,500 per LUE The impact fee is charged to all new connections to the system including residential and commercial connections. The impact fee is an important tool in helping growth to pay for itself because if new development does not pay costs of additional capital improvements or facility • expansions the costs must be recovered in the utility rates charged to all customers. Round Rock has one of the lowest utility rates in the region and has not raised its rates since 1991 as a result of growth paying for a substantial amount of its own cost. The prudent relationship between impact fees and the utility fees has enabled the City to keep utility rates low but without being overly exposed to sudden, large rate increases if the growth slows. David Kautz outlined the financial perspective of the impact fees. Mayor Culpepper said, "I have been fortunate to serve with you as you operate our Finance Department. If this was an easy job we would have a bunch of people doing it. Nobody wants to raise rates. Nobody wants to raise Capital Recovery Fees. It's something that is part of this job. It's a decision that this Council has to make and will have to make for future years. The benefits we have seen is a very dependable utility in both in the water and wastewater side, a • competitive utility and a utility that has gotten bond rating increases every year for I don't know how many years from Wall Street which has lowered the cost of borrowing money. This Council can sit up here and talk about pennies,this and that,rate increases and all that but the bottom line is everything goes up. That is a part of inflation. We have held rates at a steady rate longer than anybody else in Central Texas and we have experienced some explosive growth. So Council, as a private citizen in another two weeks, I am asking you not to vote emotionally. Be practicable and do what is best for the City of Round Rock and the big picture." PUBLIC HEARINGS: l l.A.1. Consider public testimony concerning adoption of the Round Rock General Plan 2000. Staff Resource Person: Joe Vining, Planning Director. This is the first of two scheduled public hearings. The second hearing will be held on May 27, 1999 when the ordinance will be considered for adoption. A presentation was made earlier in the meeting. Mr. Vining reminded everyone that this is a draft document and staff is in the editing phase and appreciate comments. Another public hearing will be held at the next Council meeting. The document is also on the City's website. 281 131M9 Mayor Culpepper opened the public hearing. Jane Kirschman, 500 Peterson Street, said she is privileged for being a part of the General Plan process. The Plan is a well written and carefully thought out document that reflects the concerns and desires expressed by the people in the workshops. She thanked the Council and • staff for including the citizens is this project. Mike Sheppard, 2137 Green Oaks Circle, congratulated the Planning Department for putting out a wonderful document. He noted that there is one drawback to it. That is the 80/20 rule that was taken out for the multi-family versus single family ratio. A proactive stand needs to be taken and determine what we are comfortable with as far as multi-family versus single family and should not let the market be the driving force. Dorothy Pistole, 2001 Stirrup Drive, expressed her concern that the Plan did not prioritize funds for sidewalks and that they were not addressed in the Plan but hike and bike trails were addressed. She added that sidewalks are needed to the local parks and schools. Mayor Pro-tem Stluka explained that the funds are prioritized during the budget process and are not a part of the General Plan. • There being no further public testimony, the public hearing was closed. ORDINANCES: 12.A.1. Consider an ordinance designating the intersection of Greenlawn Boulevard and Stratford Drive as an All-Way Stop intersection. (First Reading) Staff Resource Person: Jim Nuse,Public Works Director. Tom Word, Traffic Engineer, made the staff presentation. Staff received a request from residents for this intersection to be changed to an All-Way Stop condition. Traffic counts and studies were conducted at the intersection, and based upon results of the evaluation. Staff recommends that the intersection be designated for All-Way Stop control. Mayor Culpepper read the,caption of the ordinance. 1 • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF GREENLAWN BOULEVARD AND STRATFORD 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: Councilman Hairston 282 May 13, 1999 Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None Mayor Pro-tem Stluka was out of the room when the vote was taken. • 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 setting the date time, and place for a public hearing concerning annexing 20 acres out of the JM Harrell Survey, A-284, Williamson County. Texas (Fire Station No.5).(First Reading)Applicant: City of Round Rock. Staff Resource Person: Joe Vining, Planning Director. This tract is located on the westside of Deepwood Drive and is the location of the new Fire Station. 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: 20 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 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 Hairston seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph 283 Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 12.B.2. Consider an ordinance setting the date,time and place for a public hearing concerning annexing 201.992 acres out of the Joseph Marshall Survey, A-409 Bright Tract: • Ryan's Crossing). (First Reading)Applicant: Milburn Homes. Staff Resource Person: Joe Vining,Planning Director. This tract is located on the northside of US79 and is adjacent to Palm Valley Park. 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: 201.992 ACRES OF LAND, 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 Stewart 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 setting the date,time and place for a public hearing concerning annexing 295 acres more or less out of the Josgph Marshall Survey, A-409 284 May 13, 1999 Berkman Tract: Oakwood Village). (First Reading.) Applicant: LaTrelle Berkman Peterson, John Russell Peterson,Kristin C. Peterson. Staff Resource Person: Joe Vining, Planning Director. This tract is located at the intersection of County Road 122 and Gattis School Road. 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: 295 ACRES OF LAND, MORE OR LESS, 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 Stewart moved to adopt the ordinance. 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. • MOTION: Councilman Stewart moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilman Joseph seconded the motion. VOTE: Ayes: Mayor Pro-tem Stluka Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 12.B.4. Consider an ordinance establishing a Community Development Commission • (First Readings Staff Resource Person: Joe Vining, Planning Director. Tim Jenkins, Senior Planner made the staff presentation. This seven member commission will help: identify housing and community development needs; establish priorities relating to those needs;propose activities and projects to address priority needs; and, suggest the amount of Federal, State, and Local monies to be allocated to these activities. The Commission will develop recommendations for the Mayor and City Council on how to allocate CDBG funds, including program income 285 associated with these monies left unspent and unobligated from the previous program year and any additional Federal fund allotments. Mayor Culpepper read the caption of the ordinance. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES (1995 EDITION) OF THE CITY OF ROUND ROCK, TEXAS, BY ADDING A NEW SECTION 1.3000 CREATING A COMMUNITY DEVELOPMENT ADVISORY COMMISSION; PROVIDING FOR THE STRUCTURE OF THE COMMISSION, FOR TERMS OF APPOINTMENT OF MEMBERS, FOR DUTIES, AND FOR LIMITATIONS OF POWERS; 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 I • 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. 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. Y RESOLUTIONS: • 13.A.1. Consider a resolution authorizing the City Manager to execute a,purchase order in the amount of$67,607.00 to Pride Landscaping, Inc. for irrigation systems for the Old Settlers Park at Palm Valley and Luther Peterson soccer fields. Staff Resource Person: Sharon Prete, Parks and Recreation Director. Mayor Culpepper read the following resolution. RESOLUTION NO. 286 May 13, 1999 WHEREAS, the City of Round Rock has duly advertised for bids for irrigation systems for the Old Settlers Park at Palm Valley and Luther Peterson soccer fields, and WHEREAS,Pride Landscaping,Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Pride Landscaping, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Pride Landscaping, Inc. is hereby accepted as the lowest and best bid and the City Manager is hereby authorized and directed to issue a purchase order to Pride Landscaping, Inc. for irrigationsystems for the Old Settlers Park at Palm Valley and Luther Peterson soccer fields. • 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 May, 1999. 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. 13.B.1. Consider a resolution authorizing the Mayor to execute an Earnest Monie Contract to acquire 0.822 acres of land from Sun Development, Inc. for the extension of Greenlawn Boulevard. Staff Resource Person: Tom Word, Traffic Engineer. The purchase of this property is necessary for the extension of Greenlawn Boulevard. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.822 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, Sun Development, 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 an Unimproved Property Earnest Money Contract with Sun Development, Inc. for the purchase of the above described property, a copy of said Unimproved Property Earnest Money 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 287 `�Yl 13 I�qq 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 May, 1999. 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. 13.B.2. Consider a resolution authorizing the Mayor to execute an Earnest MoneX Contract to acquire 1.347 acres of land from Mitzi Evelyn Coil for the extension of Greenlawn Boulevard. Staff Resource Person: Tom Word,Traffic Engineer. The purchase of this property his necessary for the extension of Greenlawn Boulevard. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City desires to purchase a 1.347 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, Mitzi Evelyn Coil, 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 an Unimproved Property Earnest Money Contract with Mitzi Evelyn Coil for the purchase,of the above described property, a copy of said Unimproved Property Earnest Money 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 May, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary 288 May 13, 1999 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. 13.B.3. Consider a resolution authorizing the Mayor to execute a Right of Entry, Possession and Construction Easement for the Gattis School Road Joint Venture tract for the acquisition of right-of-way for the extension of Greenlawn Boulevard Staff Resource Person: Tom Word, Traffic Engineer. This item is different than the previous two items in that this is a Right of Entry document. The City is not actually purchasing the property but rather getting the rights to get on the property and construct the road since an agreement has not been reached with the owner. Staff will bring back to the Council a similar Earnest Money Contract if an agreement is reached or acquire the property through condemnation. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City desires to acquire additional right of way to facilitate the extension of Greenlawn Boulevard, and WHEREAS, Gattis School Road Joint Venture, the owner of the property, has agreed to grant said right of way 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 Right of Entry, Possession and Construction Easement with Gattis School Road Joint Venture, for the conveyance of additional right of way to facilitate the extension of Greenlawn Boulevard, a copy of said Right of Entry, Possession and Construction Easement 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 May, 1999. 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. is 289 1 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.4. Consider a resolution authorizing the Mayor to execute a supplemental agreement with Baker-Aicklen for Greenlawn Extension to design a new ramp to IH 35 for right of way description on Greenlawn west of IH 35. Staff Resource Person: Jim Nuse,Public Works Director. Tom Word made the staff presentation. This supplemental agreement will allow the Greenlawn Boulevard extension to be more effective by reducing the congestion in that area. The cost of the supplemental agreement is $89,931.00. Mayor Culpepper read the following resolution. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered' into a contract for engineering services ("Contract") with Baker-Aicklen & Associates, Inc. for the Greenlawn Boulevard extension and IH-35 interchange schematic, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted Supplemental Amendment No. 1 to the Contract to provide for the design of a new off-ramp to IH 35 to serve Greenlawn, and to prepare right-of-way description for right-of-way on Greenlawn west of IH 35, and WHEREAS, the City Council desires to enter into said Supplemental Amendment No. 1 to the Contract 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 Supplemental Agreement No. 1 to the Contract with Baker-Aicklen&Associates, Inc. to provide for the design of a new off-ramp to IH 35 to serve Greenlawn, and to prepare right-of-way description for right-of-way on Greenlawn west of 11135, 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 13th day of May, 1999. • 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 290 May 13, 1999 Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. • 13.B.5. Consider a resolution authorizing the Mayor to execute a change order for Landmark Structures. Inc. for improvements to Chisholm Valley Elevated Tank The modifications involve several credits for tank access changes;pavement reduction, a shop painting credit and deletion of retaining wall for a total deduct in contract price of$66,327.00. 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 Landmark Structures,Inc. for improvements to the Chisholm Valley elevated tank, 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 Landmark Structures, Inc. for improvements to the Chisholm Valley elevated tank. 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 May, 1999. 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. 13� ) qqq 2 91 13.B.6. Consider a resolution authorizing the Mayor to execute an"Additional Services Authorization"with J. Michael Faulk, Architects for the Fire Station#5,Deepwood Site Staff Resource Person: Jim Nuse,Public Works Director. The additional service cost is $7,030.00 and is broken out for the following services: • a. Design, develop construction documents and observation for a left-hand turn lane for existing median cut to entry of project. This was required after review of Public Works of the site plan. Total $1,100.00. b. Preparation of preliminary and final platting for two lot subdivision for project. Assist with annexation of subject tract and services for platting,which includes preparation of plats, submittal,processing, and attendance at Planning and Zoning meeting. Preliminary Plat Documents $2,200.00 and Final Plat Documents $3,300.00. c. Document Reproduction$430.00 Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock previously entered into an agreement for • architectural services ("Agreement") with J. Michael Faulk, Architects for the design of Fire Station#5,Deepwood Site, and WHEREAS, J. Michael Faulk, Architects has submitted an Additional Services Authorization to the Agreement to provide for additional design and platting services, and WHEREAS, the City Council desires to approve said Authorization with J. Michael Faulk, Architects,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 J. Michael Faulk, Architects, to provide for additional design and platting services, 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 13th day of May, 1999. 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 292 May 13, 1999 Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.B.7. Consider a resolution authorizing the Mayor to execute an engineering contract with HDR Engineering Inc.. for developing a submission,packet to satisfy TNRCC requirements • for use of reuse water for Old Settlers Park and creation of a general "umbrella" permit for future reuse projects. Staff Resource Person: Jim Nuse,Public Works Director. The proposed fee is $9,250.00. Staff recommended approval. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for development of a submission packet to satisfy TNRCC requirements for use of wastewater reclaimed water for Old Settlers Park and creation of a general umbrella permit for future reuse projects, and WHEREAS, HDR Engineering Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement 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 an agreement with HDR Engineering Inc., for development of a submission packet to satisfy TNRCC requirements for use of wastewater reclaimed water for Old Settlers Park and creation of a general umbrella permit for future reuse projects, a copy of said agreement being attached hereto and incorporated herein for all purpose. 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 May, 1999. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary Mayor Pro-tem Stluka disclosed that he has a business relationship with HDR that is unrelated to City business. • 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 ,s 2 ,9 3 _ J Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.B.8. Consider a resolution authorizing the Mayor to execute an agreement with Pinnacle Consulting Management Groin Inc. for right of way acquisition services for the • determination of ownership, appraisal,negotiation, acquisition of right of wax and relocation assistance services for the realignment of South Mays Street and Dell Wax Staff Resource Person: Jim Nuse,Public Works Director. The City has identified eight(8)homes,which need to be acquired so that the realignment of South Mays Street can occur. Staff negotiated an agreement with Pinnacle Consulting Management Group, Inc. to provide determination of ownership, appraisal, negotiation, acquisition of right of way, and relocation assistance services to the City for the right of way required for this project. The cost of the agreement is $62,230. Staff recommended approval of this agreement. Mayor Culpepper read the following resolution. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional right-of-way acquisition services for the determination of ownership, appraisal, negotiation, acquisition of right-of-way, and relocation assistance services for the realignment of South Mays Street and Dell Way, and WHEREAS, Pinnacle Consulting Management Group, Inc. has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with Pinnacle Consulting Management Group,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 Pinnacle Consulting Management Group, Inc., for professional right-of-way acquisition services for the determination of ownership, appraisal, negotiation, acquisition of right-of-way, and relocation assistance services for the realignment of South Mays Street and Dell Way, 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 May, 1999. 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. 294 May 13, 1999 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.9. Consider a resolution authorizing the Mayor to execute a supplemental agreement with Carter Burges for US 79 for the revision of Harrell Parkway and for additional work required by TxDOT. Staff Resource Person: Jim Nuse,Public Works Director. Tom Word said that the improvements to Harrell Parkway are adjacent to the Convention Center Complex/Stadium. This includes several items of work that staff found necessary to add to the highway contract which are among other things, a third traffic signal and extending the project further east. The cost of the supplemental agreement is $81,100.00. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock has previously. entered into a contract for • engineering services ("Contract") with Carter & Burgess, Inc. for the preparation of schematics, environmental documents, right of way documents, plans, specifications, estimates, and contract documents for the reconstruction of US 79 as a four-lane divided highway from CR 195 to CR 110, and WHEREAS, Carter & Burgess, Inc. has submitted Supplemental Agreement No. 1 to the Contract to provide for additional work required by the Texas Department of Transportation, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 to the Contract with Carter&Burgess,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 Supplemental Agreement No. 1 to the Contract with Carter & Burgess, Inc. to provide for additional work required by the Texas Department of Transporation, 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 13th day of May, 1999. 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 A �,. �,�i .5t4at, I,y. 295 a3 13 Iq° � Councilman Hairston Councilman Stewart Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None • ACTION: The motion carried unanimously. 13.B.10. Consider a resolution accepting an estimated cost to the City of Round Rock, submitted by TU Electric/Lone Star Gas, for the adjustment of two high pressure gas transmission lines in conjunction with the Rubio Drainage Improvements Staff Resource Person: Jim Nuse,Public Works Director. TU Electric/Lone Star Gas have a 4"and 6" gas transmission line located in their gas line easement which crosses the Rubio channel immediately east of the 11135 northbound service road,both of which conflict with the proposed drainage improvements. The estimated cost for the work is $62,623.00. TU Electric/Lone Star Gas will invoice the actual charges after the work is complete. Staff recommended approval. Mayor Culpepper read the following resolution. RESOLUTION NO. • WHEREAS,TU Electric/Lone Star Gas has two high pressure gas transmission lines located in their gas line easement which crosses the Rubio drainage channel, and WHEREAS, said gas transmission lines conflict with the Rubio Subdivision Street and Drainage Channel Improvements project, and WHEREAS, TU Electric/Lone Star Gas has submitted an estimated cost proposal to adjust said gas transmission lines so that they no longer conflict with the project. WHEREAS,the City Council desires to approve said estimated cost proposal,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the estimated cost proposal submitted by TU Electric/Lone Star Gas is hereby approved, a copy of said estimated cost proposal 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 May 1999. • 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 296 May 13, 1999 Councilman Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION: The motion carried unanimously. 13.B.11. Consider a resolution authorizing the Mayor to execute an agreement with • Pinnacle Consulting Management Group, Inc. for right of way acquisition services for the determination of ownership, gppraisal, negotiation, and acquisition of right of way for the widening of US 79 from CR 195 to CR 122. Staff Resource Person: Jim Nuse,Public Works Director. The City has agreed to acquire the right of way for the widening of US 79 from CR 195 to McNutt Creek for the portion of the highway within the City limits. Staff negotiated an agreement with Pinnacle Consulting Management Group, Inc. to provide appraisal,negotiation, and acquisition services to the City for the right of way required for this project. The cost is $16,482.00. Staff recommended approval of this agreement. Mayor Culpepper read the following resolution. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain professional right-of-way acquisition services for the determination of ownership, appraisal,negotiation, and acquisition of right-of-way for the widening of US 79 from CR 195 to CR 122, and WHEREAS, Pinnacle Consulting Management Group, Inc. has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with Pinnacle Consulting Management Group, 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 Pinnacle Consulting Management Group, Inc., for professional right-of-way acquisition services for the determination of ownership, appraisal,negotiation, and acquisition of right-of-way for the widening of US 79 from CR 195 to CR 122, 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 May, 1999. 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. t 297 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.12. Consider a resolution authorizing the Mayor to execute an agreement with Rodriguez and Huggins, Inc. for engineering services to establish the alignment of Arterial B from US 79 to south of Louis Henna Boulevard.prepare a schematic monument the alignment, and prepare right of way documents for up to five critical parcels at a cost of$238,100.75. Staff Resource Person: Jim Nuse,Public Works Director. Tom Word made the staff presentation. The City has identified a need to establish the alignment for Arterial B from US 79 to south of Louis Henna Boulevard. Several tracts of land upon which this arterial will be located are moving through the platting and development process. Additionally, there are several locations where right of way for this road needs to be • purchased in the near future. This agreement will provide the engineering design and right of way documents necessary to allow the orderly development of land along the route of Arterial B. Staff recommended approval of this agreement. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services to establish the alignment of Arterial B from US 79 to south of Louis Henna Boulevard,preparation of a schematic, and preparation of right-of-way documents, and WHEREAS, Rodriguez & Huggins, Inc. has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with Rodriguez & Huggins, 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 Rodriguez &Huggins, Inc., to establish the alignment of Arterial B from US 79 to south of Louis Henna Boulevard, preparation of a schematic, and preparation of right-of-way • documents, 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 May, 1999. CHARLES CULPEPPER,Mayor City of Round Rock, Texas ATTEST: 298 May 13, 1999 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. 13.B.13. Consider a resolution authorizingthe he Mayor to execute an engineering contract with PBS&J for design improvements on Chisholm Trail at 620 and along 620 at IH 35 to Chisholm Trail. Staff Resource Person: Jim Nuse,Public Works Director. Tom Word made the staff presentation. This project involves the construction of a right turn lane and improvements at the railroad crossing as well as beginning to look at the expansion of RM620 by having the right-of-way surveyed. The cost of the contract is $134,737.39. Staff recommended approval of the contract. • Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS,the City of Round Rock desires to retain engineering services for design improvements on Chisholm Trail at RM 620 and alongRM 620 at IH 35 to Chisholm Trail, and WHEREAS,PBS&J has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with PBS&J, 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 PBS&J, for design improvements on Chisholm Trail at RM 620 and along RM 620 at 11135 to Chisholm Trail, 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 May, 1999. 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. 299 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.14. Consider a resolution authorizingthe he Mayor to execute Contract Change Order No. 6 with Chasco Contracting for handicap ramps and handicap access improvements on Main Street. Staff Resource Person: Jim Nuse,Public Works Director. This will provide wheel chair access from the Trinity Lutheran home area on Main Street to the downtown area at the Library. This work will be done on the sidewalk on the north side of Main Street including the island area at the Georgetown Street Intersection. Total cost is $6,849.00 for the eleven areas to be improved. 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 handicap ramps and handicap access improvements on Main Street, and WHEREAS, 'it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 6,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. 6 to the Contract with Chasco Contracting, Inc. for handicap ramps and handicap access improvements on Main 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 13th day of May, 1999. 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 300 THE CITY COUNCIL MINUTES FOR MAY 13, 1999 CONTINUE ON PAGE 1 BOOK 41 • i