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MINUTE BOOK 47 2002 1 FEBRUARY 14,2002 The Round Rock City Council met in Work Session and Regular Session on Thursday, February 14, 2002 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 Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Councilmember Carrie Pitt was absent. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. WORK SESSION: 3.A.1. Consider a presentation regarding the following sections of the draft Zoning Ordinance: 1.100 General Provisions; 11.200 Development Review Bodies; 11.300 Development Review Procedures; and 11.400 Zoning Districts. Jim Stendebach, Assistant Planning Director made the staff presentation. The last wholesale revision of the zoning ordinance occurred in the mid-1980's; numerous amendments have been made since that time. The format and graphics of the existing ordinance are outdated and need to be revised. With the adoption of the General Plan 2000, the City saw the need to update the zoning ordinance given the community's desire to encourage better quality development, design and landscaping throughout the City. The revised zoning ordinance will improve development standards and landscaping requirements. There will be a projected decrease in the number of fixture Planned Unit Development projects due to improved development standards. The improved development standards and landscaping requirements will enhance the physical attributes of the City of Round Rock, thus making it a more attractive environment to live and work. Mr. Stendebach outlined the following points concerning the proposed revised zoning ordinance: • How We Got Here... - General Plan 2000 Process - Public Input/Open Houses - Zoning Advisory Committee • _ Joint Council/P&Z Sessions Consultant Experience • Consistency of Process - Clear, easy-to-use review criteria - Ensure consistent application of procedures - Flow charts to show all processes • Organization—Ordinance Outline - 11.100 General Provisions - 11.200 Development Review Bodies - 11.300 Development Review Procedures - 11.400 Zoning Base Districts r FEBRUARY 14, 2002 11.500 Development Standards - 11.600 Nonconformities 11.700 Enforcement - 11.800 Definitions • Development Review Bodies - Zoning Administrator Responsible For: Certificates of Zoning Compliance(New) Written Interpretations Administrative Adjustments Temporary Use Permits (New) - Development Review Committee (New) Members: Zoning Administrator(Chair) City Engineer Building Official Other City Staff as required Responsible For: Site Plan Review - Historic Preservation Commission Responsible For: Recommendation on Historic Designation Certificates of Appropriateness (Revised) - Zoning Board of Adjustment(New) Replaces existing Development Review Board Responsible For: Special Exceptions (Revised) Variances Administrative Appeals - Planning and Zoning Commission Responsible For Recommendations: General Plan Amendments Original Zoning(Annexation) Text Amendments Zoning Map Amendments (Rezoning) PUD Development Plan/Zoning Designation of Historic Districts/Landmarks - City Council Responsibilities Responsible For: General Plan Amendments (New) Original Zoning(Annexation) (New) Text Amendments Zoning Map Amendments (Rezoning) PUD Development Plan/Zoning Designation of Historic Districts/Landmarks Partial Tax Exemption for Historic Sites The Planning and Zoning Commission held public hearings on January 9, 2002 and • January 23, 2002. The public hearings by the City Council are on February 14, 2002 and February 28, 2002. There being no further business,the work session adjourned at 6:15 p.m. CALL REGULAR SESSION TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE FEBRUARY 14, 2002 ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr.,Mayor Pro- tem Tom Nielson, Councilmember Alan McGraw, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Councilmember Carrie Pitt was absent. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. • CITIZENS COMMUNICATIONS: Police Chief Paul Conner gave a brief report on the upcoming road situation for SH 45 and FM 1325 for the weekend of February 16, 2002. Chief Conner noted that the final phase for SH45 would be completed at the end of March 2002. Patti Kautz, 206 W. Main, announced the opening of Gattiland at 1112 N. IH-35,which was the previous location of Hobby Lobby. She noted that this establishment is a non-smoking and non-alcoholic facility and invited the Council to stop by and view the new business. PROCLAMATIONS: 8.A. Consider a proclamation proclaimingMarch2, 2002 as the 7th Annual Daffodil Festival Celebration. Mayor Stluka read the appropriate proclamation and presented it to Dutch Holland and Ruth Koughan representatives of the Senior Citizens Foundation. • 8.B. Consider a proclamation proclaiming the week of February -16 2002 as Insure-A- C p p g arV 9 Kid Week. Mayor Stluka read the appropriate proclamation and presented it to Sharon Hinderer of the Health Department. 8.C. Consider a proclamation proclaiming the week of February 18-22, 2002 as Sertoma Freedom Week. Mayor Stluka read the appropriate proclamation and presented it to Gerald Boyer, and Russell Gallahan and Marvin Phillips, representatives of the Sertoma Club. PUBLIC HEARINGS: 9.A.1. Consider public testimony regarding the following sections of the draft Zoning Ordinance: 1.100 General Provisions; 11.200 Development Review Bodies; 11.300 Development Review Procedures; and 11.400 Zoning Districts. Jim Stendebach, Assistant • Planning Director made the staff presentation. The last wholesale revision of the zoning ordinance occurred in the mid-1980's; numerous amendments have been made since that time. With the adoption of the General Plan 2000, the City saw the need to update the zoning ordinance given that the format and graphics of the existing ordinance are outdated and need to be revised and the community's desire to encourage better quality development, design and landscaping throughout the City. A presentation was given earlier in the meeting on the proposed amendments to the Zoning Ordinance. 4 FEBRUARY 14,2002 Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items. Item 12.B.1. was removed from the consent agenda and considered in its normal sequence of the regular agenda. • *1 LA. Consider approval of the minutes of the Regular Session of January 10, 2002. *12.A.1. Consider an ordinance adopting the Forest Creek Golf Course Capital Budget. (Second Reading) *12.13.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Dove Creek Subdivision. (First Reading) This item was withdrawn from the consent agenda and addressed in its normal sequence of the agenda. *12.13.2. Consider an ordinance authorizing the removal of the 'ei d sign on Deerfoot Drive at Dove Creek Drive. (First Reading) *H.A.1. Consider a resolution authorizing the Mayor to execute an Additional Services Authorization with Baker-Aicklen&Associates, Inc. for the CityWide Trail System -Phase I. MOTION: Councilmember Palmer moved to approve all the remaining items on the • consent agenda. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. *123.2. Consider an ordinance authorizing the removal of the yield sign on Deerfoot Drive at Dove Creek Drive. (First Reading) MOTION: Councilmember McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Coe • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. t 5 FEBRUARY 14;2002 APPROVAL OF COUNCIL MEETING MINUTES: *11.A. Consider approval of the minutes of the Regular Session of January 10 2002 This item was approved under the consent agenda. ORDINANCES: *12.A.1. Consider an ordinance adopting the Forest Creek Golf Course Capital Budget. • (Second Reading)This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FOREST CREEK GOLF COURSE FOR THE YEAR 2002. *12.B.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Dove Creek Subdivision. (First Reading) Jim Nuse, Public Works Director made the staff presentation. The Greater Lake Creek Neighborhood Plan requested the City's help in improving traffic flow through streets within the Dove Creek Subdivision. Traffic studies indicated sight distance problems at Cushing and Logan, and Ridgecrest Drive/Dove Creek Drive/Deerfoot Drive; volume counts at Burnet Street and Deerfoot Drive warrant stop signs. Investigation also revealed that a stop sign was needed on Quail Creek Circle at Quail • Creek Drive. Installation of the signs will improve vehicle flow through subdivision and improve safety for residents. Stop signs will be placed as follows: 3-way stop at Deerfoot Drive and Burnet Street; 3-way stop at Cushing Drive and Logan Street; on Ridgecrest Drive at Deerfoot Drive; on Dove Creek Drive at Deerfoot Drive; on Quail Creek Circle at Quail Creek Drive. Councilmember Coe asked staff to re-evaluate the traffic on Logan after Grimes Boulevard has been completed to see if the signs are still necessary. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF DEERFOOT DRIVE AND BURNET STREET, CUSHING DRIVE AND LOGAN STREET, RIDGECREST DRIVE AND DEERFOOT DRIVE, DOVE CREEK DRIVE AND DEERFOOT DRIVE, AND QUAIL CREEK CIRCLE AND QUAIL CREEK DRIVE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • MOTION: Councilmember Palmer moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 6 FEBRUARY 14,2002 *12.B.2. Consider an ordinance authorizing the removal of the yield sign on Deerfoot Drive at Dove Creek Drive. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY REMOVING THE DESIGNATION OF YIELD INTERSECTION FOR THE INTERSECTION OF DEERFOOT DRIVE AND DOVE CREEK DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • RESOLUTIONS: *13.A.1. Consider a resolution authorizing the Mayor to execute an Additional Services Authorization with Baker-Aicklen &Associates, Inc. for the CityWide Trail System -Phase I. This item was approved under the consent agenda. The amount of increase needed is $11,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an agreement for engineering services ("Agreement") with Baker-Aicklen & Associates, Inc. for professional engineering and surveying services for the design of the City Wide Trail System-Phase I, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted an Additional Services Authorization for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Additional Services 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 for a change in the scope ,of services, a copy of said authorization being attached hereto as Exhibit"A" 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. RESOLVED this 14th day of February 2002. Mayor Stluka dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following item. 13.C.3. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Plan (TCIP) for the Transportation System Development Corporation. David Kautz, Finance Director made the staff presentation. The Transportation Capital Improvement Plan (TCIP) is a two-year spending plan for improvements to roadway arterials in the City. Funding for this plan is provided through the '/z% sales tax established to fund transportation improvements. The • current TCIP was last amended on October 25, 2001. The Transportation System Development Corporation conducted a public hearing for these amendments prior to this Council meeting. RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation ("RRTSDC")has previously adopted a Transportation Capital Improvement Plan ("Plan"), and WHEREAS, the RRTSDC wishes to amend said Plan, and 7 FEBRUARY 14, 2002 WHEREAS, the bylaws of the RRTSDC require that said amendments to the Plan be approved by the City Council, and WHEREAS, the City Council wishes to approve said amendments to the Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the amendment to the Transportation Capital Improvement Plan approved by the Round Rock Transportation System Development Corporation, which is 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. RESOLVED this 14th day of February 2002. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka • Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.B.1. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in entering into a State Infrastructure Bank Loan Agreement with the State of Texas for the SH 45 frontage road project. David Kautz, Finance Director made the staff presentation. In August 2000, the Round Rock Transportation System Development Corporation entered into a loan agreement with the State Infrastructure Bank (SIB) in the amount of$16,000,000 for the SH 45 frontage road project. The purpose of this item is to approve a loan application to the State Infrastructure Bank (SIB) for$15,000,000 for the purpose of financing additional participation by the Round Rock Transportation System Development Corporation in the SH 45 project. The planned SH 45 project will alleviate traffic congestion on • existing roadways in the area,provide a safer alternative to the existing roadway system and provide an east-west thoroughfare linking Austin to the Cedar Park, Leander,Round Rock and Pflugerville areas. RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK ("CITY") REQUESTING FINANCIAL ASSISTANCE FROM THE STATE INFRASTRUCTURE BANK IN AN AMOUNT NOT TO EXCEED $15,000,000; AUTHORIZING THE FILING OF FEBRUARY 14,2002 AN APPLICATION FOR FINANCIAL ASSISTANCE; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. WHEREAS, the City Council of the City hereby finds and determines that there is an urgent need to acquire right-of-way and relocate utilities for the construction of improvements to the City's transportation system, and WHEREAS, such right-of-way acquisition and utility relocation cannot be reasonable financed unless financial assistance is obtained from the State Infrastructure Bank, and WHEREAS, the Board of Directors of the Round Rock Transportation System Development Corporation has recommended to the Council that it request financial assistance from the State Infrastructure Bank Loan in an amount not to exceed$15,000,000, and • WHEREAS, the City Council now desires to approve said request for financial assistance,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. The Round Rock Transportation System Development Corporation is hereby authorized to make an application to the State Infrastructure Bank seeking financial assistance in an amount not to exceed $15,000,000 to provide for the costs of right-of-way acquisition and utility relocation for the construction of improvements to the City's transportation system. Section 2. The Mayor and/or President of the Board of Directors is hereby designated as the authorized representative of the City and the Round Rock Transportation System Development Corporation for purposes for furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and with complying with the Rules of the State Infrastructure Bank. Section 3. The following firms and individuals are hereby authorized and directed to aid and assist in the preparation and submission of such application and appear on behalf of and represent the City and the Round Rock Transportation System Development Corporation before any hearing held by the State Infrastructure Bank on such applications, to wit: Mr. Garry Kimball First Southwest Company 98 San Jacinto Blvd., Suite 370 Austin, Texas 78701 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 and 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 14th day of February 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka • Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.C.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with WHM Transportation Engineering Consultants Inc for the design of traffic signals at the intersection of Plantation Drive and FM 3406. Jim Nuse,Public Works Director made the staff presentation. The Texas Department of Transportation conducted a 9 FEBRUARY 14,2002 signal warrant study of FM 3406 at Plantation Drive in November of 2001. Their determination is that this intersection meets the minimum required traffic signal volume warranted for the installation of a traffic signal. Based on this study, a design will need to be submitted to TxDOT for final approval. Staff would like to retain the services of pp WHM Transportation Engineering Consultants, Inc., to proceed with the design plans according to TxDOT specifications. The • lump sum of this contract without modification is $9,800. Installation of a signal at this location will improve safety for vehicles entering and exiting FM 3406 from Plantation Drive. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of traffic signals at the intersection of Plantation Drive and FM 3406, and WHEREAS, WHM Transportation Engineering Consultants, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract 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 a Contract for Engineering Services with WHM Transportation Engineering Consultants, Inc., for the design of traffic signals at the intersection of Plantation Drive and FM 3406, a copy of said contract being attached hereto at Exhibit"A" 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 RESOLVED this 14th day of February 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt • ACTION: The motion carried unanimously. 13.C.2 Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Contract for Engineering Services with Huggins/Seiler & Associates, L.P. for planning, preliminary design, plan preparation, traffic simulation/modeling, and other associated tasks and services. Jim Nuse, Public Works Director made the staff presentation. The City Council approved an engineering contract, Resolution No. R-01-02-08-90, at their meeting on February 8, 2002. The original contract expired January 25, 2002. The contract has been very II� FEBRUARY 14, 2002 useful in providing engineering assistance to the City, and staff would like to continue having this resource available by extending the contract by twelve months to December 31, 2002. The time extension on this contract will allow the engineer to continue to provide necessary engineering services. No additional costs are associated with this extension. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for • Engineering Services with Huggins/Seiler & Associates, L.P. for planning, preliminary design, plan preparation, traffic simulation/modeling, and other associated tasks and services, and WHEREAS, Huggins/Seiler & Associates, L.P. has submitted Supplemental Agreement No. 1 to the Contract for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. I with Huggins/Seiler &Associates, L.P.,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 for Engineering Services with Huggins/Seiler & Associates, L.P. to extend the contract date, a copy of said amendment being attached hereto as Exhibit"A" 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. RESOLVED this 14th day of February 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.C.3. . Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Plan (TCIP) for the Transportation System Development Corporation. This item was addressed after item 13.A.1. 13.D.1. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with the Round Rock Area Serving Center for transportation vouchers. Mona Ryan, Community Development Coordinator made the staff presentation. This is the second year of funding for the transportation grant. This has been a very FEBRUARY 14,2002 successful program for the community. Hundreds of vouchers have been issued to clients of the Round Rock Area Serving Center, Round Rock Health Clinic, Bluebonnet Trails MHMR, and Any Baby Can. The transportation vouchers will be issued to persons or families who need to keep medical appointments and service agency appointments. Low-income families or persons in need of basic services will have transportation provided through this program. The agreement • amount is $1,850. RESOLUTION NO. WHEREAS, the City of Round Rock has received grant funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to enlist the assistance of the Round Rock Area Serving Center in utilizing said funds for transportation vouchers,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 Community Development Block Grant Program Agreement with the Round Rock Area Serving Center, a copy of same being attached hereto as Exhibit "A" 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. RESOLVED this 14th day of February 2002. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.D.2. Consider a resolution authorizing the Mayor to execute an Annexation& Development Agreement for Roadway Facilities with Continental Homes of Texas, L.P., for 91.116 acres of land. (Ho Tract) Jim Stendebach, Assistant Planning Director made the staff presentation. The owners of the 91.116 acres noted above located in the vicinity of County Roads 113 and 122,wish to annex and develop their property at urban densities. The arterial roads in this area are not sufficient to handle increase traffic that would be generated by the proposed development. Since the owners wish to proceed with their developments without delay 12 FEBRUARY 14, 2002 they are prepared to enter into an Annexation and Development Agreement to provide their proportionate share of cost for improving these roads in order to avoid delays in the annexation and zoning of their property. This will ensure fair and equitable cost sharing of arterial road cost while allowing annexations to proceed in a timely fashion. The City is partially compensated for each developer's proportionate share of road improvements,which is $3,600 an acre. RESOLUTION NO. • WHEREAS, the City of Round Rock wishes to enter into an Annexation &Development Agreement for Roadway Facilities with Continental Homes of Texas, L.P., for 91.116 acres of land out of the Willis Donaho, Jr. Survey, A-173, in Williamson County, 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 an Annexation & Development Agreement for Roadway Facilities with Continental Homes of Texas, L.P., for 91.116 acres of land out of the Willis Donaho, Jr. Survey, A-173, in Williamson County, Texas, a copy of said Agreement being attached hereto as Exhibit "A" 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. RESOLVED this 14th day of February 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.D.3. Consider a resolution authorizing the Mayor to execute an Annexation& Development Agreement for Roadway Facilities with Continental Homes of Texas, L.P. and with Robert W. Dillard and Diane W. Dillard for 78.158 acres of land. (Dillard Tract) Jim Stendebach, Assistant Planning Director made the staff presentation. The owners of the 78.158 acres noted above located in the vicinity of County Roads 113 and 122, wish to annex and develop their property at urban densities. The arterial roads in this area are not sufficient to handle increase traffic that would be generated by the proposed development. The owners wish to proceed with their developments without delay and are prepared to enter into an Annexation and Development Agreement to provide their proportionate share of cost for improving these 13 FEBRUARY 14,2002 roads in order to avoid delays in the annexation and zoning of their property. This will ensure fair and equitable cost sharing of arterial road cost while allowing annexations to proceed in a timely fashion. City is partially compensated for each developer's proportionate share of road improvements,which is $3,600 an acre. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into an Annexation &Development Agreement for Roadway Facilities with Continental Homes of Texas, L.P. and with Robert W. Dillard and Diane W. Dillard, for 78.158 acres of land out of the Willis Donaho, Jr. Survey, A- 173, in Williamson County, 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 an Annexation & Development Agreement for Roadway Facilities with Continental Homes of Texas, L.P. and with Robert W. Dillard and Diane W. Dillard, for 78.158 acres of land out of the Willis Donaho, Jr. Survey, A-173, in Williamson County, Texas, a copy of said Agreement being attached hereto as Exhibit"A"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. RESOLVED this 14th day of February 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.D.4. Consider a resolution approving a policy regarding the use of excessive force against individuals engaged in nonviolent civil rights demonstrations as required by all Housing and Urban Development(HUD) grant recipients. Mona Ryan, Community Development Coordinator made the staff presentation. The City received grant funds from the Texas Department of Agriculture Texas Capital fund Program for the Columbia/St. David's Health Care System(Park Valley Drive)project. The Texas Department of Housing and Community Affairs distributed the funds on behalf of HUD. HUD requires all grant recipients to adopt and enforce a policy regarding excessive force and nonviolent civil rights demonstrations. The policy will prohibit the use of excessive force by law enforcement against any individual engaged in 14 FEBRUARY 14, 2002 _ nonviolent civil rights demonstrations and prohibit physically barring entrance to or exit from a facility or location, which is the subject of such nonviolent civil rights demonstration. RESOLUTION NO. WHEREAS, the City of Round Rock has received grant funds from the Texas Department of Agriculture Texas Capital Fund Program to make infrastructure improvements in the form of waterlines and a new road in support of Columbia/St. David's Health Care System, L.P., and • WHEREAS, the Texas Department of Housing and Community Affairs distributed the money on behalf of the United States Department of Housing and Urban Development (HUD), and WHEREAS, HUD requires all grant recipients to adopt and enforce a policy regarding excessive force and nonviolent civil rights demonstrations,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That, to fulfill the HUD requirement, the following policy is hereby adopted: The City of Round Rock prohibits the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in nonviolent civil rights demonstrations and will enforce applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction. 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 14th day of February 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas • ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. APPOINTMENTS: 14.A. Consider 1 appointment to the Community Development Advisory Commission to fill an unexpired term. This appointment is to fill the unexpired term of Bruce Gill. Ebb • p Y Green, Executive Director of the Housing Authority submitted a letter of interest. MOTION: Councilmember Palmer moved to appoint Ebby Green to fill the unexpired term on the Community Development Advisory Commission. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson 15 FEBRUARY 14, 2002 Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. • 14.13. Consider 1 appointment to the Advisory Board for the Aging to fill an unexpired term. Currently, there are two vacancies on the Advisory Board for the Aging. A letter of interest was submitted by Awilda Gill to fill one of the unexpired terms on this Board. The term will expire in May 2002. MOTION: Councilmember McGraw moved to appoint Awilda Gill to fill the unexpired term on the Advisory Board for the Aging. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. • COUNCIL COMMENT: Mayor Pro-tem Nielson encouraged everyone to attend the Daffodil Day Festival at the Senior Center. ADJOURNMENT: There being no further business, the meeting adjourned at 8:00 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary • 1 FEBRUARY 28, 2002 The Round Rock City Council met in Work Session and Regular Session on Thursday, February 28, 2002 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 Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Mayor Robert A. Stluka, Jr. was absent due to out of town • business. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. WORK SESSION: 3.A.1. Consider a presentation regarding the following section of the draft Zoning Ordinance: 11.400 -Zoning Districts/Design Standards. Joe Vining, Planning Director made the staff presentation. This is the second section of the Zoning Ordinance revisions,which contains the zoning districts and design standards to encourage better quality development, design and landscaping. The new districts are Single Family Rural, Townhouse, Office, Business Park, Public Facilities, Senior and Mining. Mr. Vining outlined the following points of the zoning ordinance. Key Issues • • Transitional Provisions • Administrative review of Site Plans Residential Zoning Districts • SF-R—Single Family—Rural (New) • SF-1 —Single Family—Large Lot • SF-2—Single Family-Standard Lot • TF—Two Family • TH—Townhouse—(New) • MF—Multifamily Old and New Residential Setbacks • Old Ordinance allowed overhangs and windows to extend up to 2 feet into the side setback. • New Ordinance does not permit any part of the structure in the side setback. Commercial Zoning Districts • C-1 —General Commercial • • C-2—Local Commercial Employment Zoning Districts • OF- Office (New) • BP—Business Park(New) • LI—Light Industrial (previously known as I-1 —General Industrial) • LI—Light Industrial (previously known as I-2—Industrial Park) 17 FEBRUARY 28, 2002 Special Purpose Zoning Districts • PF—Public Facilities (New) • SR—Senior(New) • MI—Mining(New) • OS—Open Space • PUD—Planned Unit Development Overlay Zoning Districts • • H—Historic Overlay(previously unnamed) • CT—Chisholm Trail Overlay(previously known as C-3 —Historic Commercial) • PV—Palm Valley Design Overlay(New) SFR District—Design Standards For Exterior Building Finish: • Metal of any type prohibited • Horizontal Pre-finished Aluminum siding will be allowed • Accessory buildings are exempt from finish requirement SF-1, SF-2. TF For Exterior Building Finish: • Metal of any type prohibited except Horizontal Pre-finished Aluminum siding • Accessory buildings < 150 SF exempt from finish requirement TH,MF, SR Districts—Design Standards • Building Elevation Variation • - Walls>60 ft to include architectural offset • Exterior Color Finishes Day-Glo, luminescent, iridescent,neon, or similar types not permitted • Exterior Building Finish - Masonry(Stone, simulated stone,brick, stucco, horizontally installed cement based siding) except for doors,windows and trims Stucco,Horizontally installed cement based siding shall not comprise> 50% of exterior finish(breezeways,patio,balcony insets excluded) 100% Stucco maybe permitted with tile roofs • Glass Mirrored glass with reflectivity of 20% or more prohibited on walls and roofs • Orientation For elevations facing public streets, 15% of wall shall consist of windows and entrance areas. • Windows Trim requirements • Roofing Materials - 25-year architectural dimensional shingles, tile or non reflective pre-finished metal C-2, OF Districts—Design Standards • Transition Zones Adjacent to Residential Districts • One Story Development • Exterior Finish - Masonry(stone, simulated stone,brick, stucco,horizontally installed cement based siding, decorative CMU) except for doors, windows and trims - Wood shingles and wood siding limited to accent features - Standard EIFS for exterior finish above 8=abuse resistant EIFS below 8= - Stucco, siding, decorative CMU, EIFS shall not comprise> 50% of exterior finish - 100% Stucco may be permitted with tile roofs FEBRUARY 28,2002 • Color Harmonious color scheme, Architectural and Visual Relief • Glass - Mirrored glass with reflectivity of 20% or more prohibited on walls and roofs. • Orientation - For elevations facing public streets, 15% of wall shall consist of windows and entrance areas • Building Articulation - Architectural relief requirement using Arcades, Cornices, Eaves, focal points, • offset in elevation(Menu of options—Must select two) • Roofing Materials Minimum 4/12 pitch 25-year architectural dimensional shingles, tile or non reflective pre-finished metal C-1, PF Districts—Design Standards • Exterior Finish Masonry(stone, simulated stone,brick, stucco, horizontally installed cement based siding, decorative CMU) except for doors, windows and trims Wood shingles and wood siding limited to accent features - Standard EIFS for exterior finish above 8= abuse resistant EIFS below 8= • Color Harmonious color scheme compatible with adjacent developments • Orientation For elevations facing public streets, 15% of wall shall consist of windows and entrance areas. • Building Articulation Architectural Style using Arcades, Cornices, Eaves, sloped roof, focal points, (entry ways, window treatments) - (Menu of options—Must select two) • • Architectural Offsets For walls> 100 feet must include architectural BP District—Design Standards • Exterior Finish of Brick, Stone, Stucco, simulated stone, decorative CMU • Standard EIFS for exterior finish above 8" • Abuse resistant EIFS below 8" • Harmonious color scheme compatible with adjacent developments • Architectural Focal Points (entry ways, offsets, window treatments)—to avoid monotony LI District Standards • Exterior Finish of Brick, Stone, Stucco, Split face concrete block, or Concrete Tilt Wall • Metal Finish okay for accessory buildings • Metal Containers okay provided they are not stacked higher than 2 units MI District Standards • 250 foot buffer between property line and active mining operations Building Silage • Consistent with Style and Character of building • Scale not to exceed 25% of wall face • No visual attachments • No Box signs • Uniform location, style and size for multi-tenant buildings • No roof signs • No extensions above the architectural parapet 29. FEBRUARY 28,2002 Mr. Vining concluded that the Landscape portion of the zoning ordinance would be addressed at the March 14th meeting. CALL REGULAR SESSION TO ORDER—7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Pro-tem Tom Nielson, Councilmember • Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Mayor Robert A. Stluka, Jr. was absent due to out of town business. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. a. CITIZENS COMMUNICATIONS: David Saladino, 15907 Ruel Cove, Austin spoke in favor of a smoke free environment in Round Rock and asked the Council to approve an anti-smoking agreement. Arthur Bryant, 1402 Wildvine Cove spoke in favor of an anti-smoking environment. Mayor Pro-tem Nielson recognized Boy Scouts from Troop 157. The Scouts were at the meeting working on their citizenship in the community badge. PROCLAMATIONS: • 8.A. Consider a proclamation proclaiming mg March 22- 23, 2002 as the Austin Area Science Festival 2002. Mayor Pro-tem Nielson read the appropriate proclamation and presented it to students of the Round Rock Independent School District. Each student gave a brief demonstration of his or her science project. 8.13. Consider a proclamation proclaiming March 2, 2002 as Three-Legged Willie Day. Mayor Pro-tem Nielson read the appropriate proclamation and presented it to Sharon Prete, Parks and Recreation Department Director. 8.C. Consider a proclamation proclaiming March as Parent Awareness Month. Mayor Pro-tem Nielson read the appropriate proclamation and presented it to Tori Jester who was accompanied by Police Chief Conner. • 8.D. Consider a proclamation proclaiming March 10-16, 2002 as Girl Scout Week. Mayor Pro-tem Nielson read the appropriate proclamation and presented it to the Girl Scouts that were present. Each Girl Scout and Brownie introduced herself to the Council. PUBLIC HEARINGS: 9.A.1. Consider public testimony regarding the following section of the draft Zoning Ordinance: 11.400 - Zoning Districts/Design Standards. Joe Vining, Planning Director made the staff presentation. This is the second section of the Zoning Ordinance revisions,which contains the 20 FEBRUARY 28, 2002 _ zoning districts and design standards.New zoning districts are Single Family Rural, Townhouse, Office, Business Park, Public Facilities, Senior and Mining. Mr. Vining gave a detailed presentation on this item earlier in the meeting. Mayor Pro-tem Nielson opened the public hearing. There being no public testimony, the public hearing was closed. 9.A.2. Consider public testimony concerningre-designating a-desi ng ating a 5.542 acre tract of land, • being all of Lot 5 of the Resubdivision of the Remainder of Lot 2, Corridor Park I, Round Rock, Williamson County, Texas as Reinvestment Zone No. 18. Joe Vining, the Planning Director made the staff presentation. Reinvestment Zone No. 18 was created on April 25, 1996 for Photronics, which expired on April 25, 2001. As required by state law, after a period of five years a new zone needs to be re-designated. Photronics wishes to extend their tax abatement agreement by three years. Taxing jurisdictions were notified by certified mail of the date and time of this public hearing. Mayor Pro-tem Nielson opened the public hearing. There being no public testimony, the public hearing was closed. 9.B.1. Consider a public hearing regarding levying assessments for the cost of certain • improvements to be provided in the Grimes Boulevard Public Improvement District#1. Charlie Crossfield, Assistant City Attorney made the staff presentation. He noted that this is the last step in the Public Improvement District(PID)process. On October 31, 2001, the property owners delivered a petition to the City requesting the creation of this PID. On December 20, 2001 a public hearing was held and the Council approved a resolution approving the creation of this PID. This public hearing is for the adoption of the Assessment Plan for PID No. 1, which is the Wunsch tract. This PID is to create an assessment lien to ensure the developer partially reimburses the City for construction costs for A. W. Grimes Boulevard going through this property as requested in the Development Agreement approved by the Council in May 2001. The Assessment which is $317,449.00 is payable on a pro-rated,per acre basis. Is this is approved the document will be filed in the deed of records. • Mayor Pro-tem Nielson opened the public hearing. There being no public testimony, the public hearing was closed. 9.B.2. Consider a public hearing regarding levying assessments for the cost of certain improvements to be provided in the Grimes Boulevard Public Improvement District#2 Charlie Crossfield, Assistant City Attorney made the staff presentation. He noted that this is the last step in the Public Improvement District (PID)process. On October 31, 2001, the property owners delivered 21 FEBRUARY 28,2002 a petition to the City requesting the creation of this PID. On December 20, 2001 a public hearing was held and the Council approved a resolution approving the creation of this PID. This public hearing is for the adoption of the Assessment Plan for PID No. 2,which is the Continental tract. This PID is to create an assessment lien to ensure the developer partially reimburses the City for construction costs for A. W. Grimes Boulevard going through this property as requested in the • Development Agreement approved by the Council in May 2001. The Assessment which is $1,085,348.00 is payable on a pro-rated,per acre basis. Is this is approved the document will be filed in the deed of records. Mayor Pro-tem Nielson opened the public.hearing. There being no public testimony, the public hearing was closed. 9.B.3. Consider a public hearing regarding levying assessments for the cost of certain improvements to be provided in the Grimes Boulevard Public Improvement District#3. Charlie Crossfield,Assistant City Attorney made the staff presentation. He noted that this is the last step in the Public Improvement District(PID)process. On October 31, 2001, the property owners delivered a petition to the City requesting the creation of this PID. On December 20, 2001 a public hearing • was held and the Council approved a resolution approving the creation of this PID. This public hearing is for the adoption of the Assessment Plan for PID No. 3, which is the Provident tract. This PID is to create an assessment lien to ensure the developer partially reimburses the City for construction costs for A. W. Grimes Boulevard going through this property as requested in the Development Agreement approved by the Council in May 2001. The Assessment which is $579,904.00 is payable on a pro-rated,per acre basis. Is this is approved the document will be filed in the deed of records. Mayor Pro-tem Nielson opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one • motion. There was no separate discussion on any of these items. Item 12.13.1. was removed from the consent agenda and considered in its normal sequence of the agenda. *1 LA.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Dove Creek Subdivision. (First Reading) *11.B.2. Consider an ordinance rescheduling the March 28th meeting of the Round Rock City Council to March 26th due to Holy Thursday. (First Reading) This item was removed from the consent agenda and addressed in its normal sequence of the agenda. 22 FEBRUARY 28, 2002 *12.B.1. Consider a resolution authorizing the closing of portions of Round Rock Avenue and Main Street from 9:00 o'clock a.m. until 9:30 o'clock a.m. on March 2, 2002 for the annual Opening Day Parade for the Sam Bass of Round Rock Youth Baseball League. *12.D.1. Consider a resolution authorizing a property tax refund to Cintas R US, L.P. in the amount of$3,350.61. *12.D.2. Consider a resolution authorizing the Mayor to execute an Interlocal Participation • Agreement with the Texas Local Government Purchasing Cooperative to facilitate compliance with state bidding requirements. *12.E.3. Consider a resolution approving the reimbursement to Behrens Subdivision, Ltd. of $30,825.60 for the cost of oversizing water mains associated with the Behrens Ranch Phase A development. *12.F.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Aaron Thomison for right-of-way for the Double Creek Drive project. *12.F.2. Consider a resolution authorizing the City Manager to reimburse Edward Balderas, Jr. $15,927 in moving expenses in connection with the Highway 79 expansion project. *12.F.3. Consider a resolution authorizing the Cit Manager to reimburse Edward Balderas • $18,551 in moving expenses in connection with the Highway 79 expansion project. *12.F.4. Consider a resolution authorizingthe he City Manager to reimburse Andy Vasquez $10,539.52 in moving expenses in connection with the Highway 79 expansion project. MOTION: Councilmember Palmer moved to approve all of the remaining items on the consent agenda. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. ORDINANCES: • *11.A.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Dove Creek Subdivision. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF DEERFOOT DRIVE AND BURNET STREET, CUSHING DRIVE AND 23 FEBRUARY 28, 2002 LOGAN STREET, RIDGECREST DRIVE AND DEERFOOT DRIVE, DOVE CREEK DRIVE AND DEERFOOT DRIVE, AND QUAIL CREEK CIRCLE AND QUAIL CREEK DRIVE AS STOP INTERSECTIONS, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDIANCES OR RESOLUTIONS. l l.B.1. Consider an ordinance amendiniz Sections 10.201 and 10.202 of the Round Rock Code of Ordinances regarding water and sewer rates for users located outside of the city limits. • (First Reading) Bob Bennett, City Manager made the staff presentation. During the mid-1980's Palm Valley Lutheran Church and the City worked collaboratively made to secure portions of Old Settlers Park. The City agreed through a"gentleman's agreement"to allow the Church to be served with City water at the in-city rate. At that time Palm Valley Lutheran Church was on the outskirts of Round Rock and the City did not require annexation. The Church now wishes to expand its facilities and desires to continue to pay the in-city rate without being annexed. In order to continue service at the in-city rate the Council should adopt a new policy as reflected in the proposed ordinance amendment. If adopted a contract between the Church and the City will be brought back at the next meeting. In that agreement the Church has agreed to voluntarily annex into the City of Round Rock in January 2003. Currently, the Council does not have that flexibility in terms of the existing policy and the City can't allow the church to continue receiving illegal service. This ordinance will • formalize the current situation. This ordinance will also allow the Council to accommodate the new County Park that's being built collaboratively between the cities in southwestern Williamson County. This amendment will allow the City to sell water to the County at an in-city rate if they choose. The proposed amendment requires two separate readings due to having a fee structure. Councilmember Gallahan expressed her concern that the existing ordinance was being changed to accommodate one specific customer,which may create problems in future requests by other individuals. She asked that instead of changing the ordinance couldn't the City just enter into an agreement with the church for water service at the in-city rate until annexed. She pointed out that she was not against the church receiving the in-city water rate. Mr. Sheets responded that a contract with the church would be a violation of the current ordinance. Rick A tins, representative of the Church stated that the gentleman's agreement was not made only because the Church requested it but rather it was made as a part of the negotiations of the City acquiring a portion of the Church property for parkland. Other members of the Council agreed that when the situation was discovered the proper thing to do was correct it and to keep the "gentleman's agreement." ORDINANCE NO. 2 .4 FEBRUARY 28,2002 AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.201 AND SECTION 10.202, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING WATER AND SEWER RATES FOR USERS LOCATED OUTSIDE THE CITY LIMITS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Palmer moved to approve the resolution. Councilmember McGraw seconded the motion. Councilmember Gallahan opposed. VOTE: Ayes: Councilmember McGraw • Councilmember Pitt Councilmember Palmer Councilmember Coe Mayor Pro-tem Nielson Noes: Councilmember Gallahan Absent: Mayor Stluka ACTION: The motion was approved with 5 ayes and 1 no. The second reading of the ordinance will be held at the next Council meeting. I LB.2. Consider an ordinance rescheduling the March 28th meeting of the Round Rock City Council to March 26th due to Holy Thursday. (First Reading) Mayor Pro-tem Nielson noted that many congregations would be conducting religious services on March 261h. To comply with the City Charter and the ordinance that sets the schedule for the Council to meet, an ordinance rescheduling the second meeting in March is necessary and will only be applicable for only this • year. This will allow individuals to attend those services and attend the second Council meeting in March. ORDINANCE NO. AN ORDINANCE RESCHEDULING THE SECOND REGULAR MARCH MEETING OF THE ROUND ROCK CITY COUNCIL FOR THE MONTH OF MARCH, 2002; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Palmer moved to approve the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None • Absent: Mayor Stluka ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt 2. 5 FEBRUARY 28, 2002 Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. • 1 l.C.l. Consider an ordinance amending Section 1.1402 of the Round Rock Code of Ordinances regarding the discharge of firearms in the city limits. (First Reading) Police Chief Conner made the staff presentation. This ordinance will allow the Police Department to conduct Law Enforcement Explorers training annually. Explorers learn about the law, court procedures, police patrol techniques, and organizational skills. This ordinance will allow the discharge of BB guns and pellet guns or other arms by Police personnel when training for or participating in a competitive event. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, (1995 EDITION) CITY OF ROUND ROCK; ADDING SUBSECTION 1.1402(6), PROVIDING AN EXCEPTION TO THE PROHIBITION OF DISCHARGING OF FIREARMS IN THE CITY LIMITS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • MOTION: Councilmember Coe moved to approve the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Palmer seconded the motion. • VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. 2 6j FEBRUARY 28, 2002 1 l.D.l. Consider an ordinance closing hearing and levying assessments for the cost of certain improvements to be provided in the Grimes Boulevard Public Improvement District#1. (First Reading) Councilmember McGraw disclosed that he would refrain from participation on this item due to hisrior representation of the landowner of this tract. p p t. Charlie Crossfield, Assistant City Attorney made the staff presentation. He pointed out that a notice was published in the Round Rock Leader regarding the public hearing and this item. A notice • was also sent to the property owner inviting him to participate. Jim Nuse gave the following testimony. Mr. Crossfield: "Mr. Nuse,based on your knowledge of the property, is it in your opinion that the assessed property will benefit from the construction of Grimes Boulevard. Mr. Nuse: "Yes." ORDINANCE NO. AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS TO BE PROVIDED IN THE GRIMES BOULEVARD PUBLIC IMPROVEMENT DISTRICT #1.; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE MOTION: Councilmember Pitt moved to approve the ordinance. Councilmember Coe • seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka Councilmember McGraw refrained from discussion and vote on this item. ACTION: The motion carried with 5 ayes. MOTION: Councilmember Palmer moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Pitt • Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka Councilmember McGraw refrained from discussion and vote on this item. ACTION: The motion carried with 5 ayes. 2 7: FEBRUARY 28,2002 11.D.2. Consider an ordinance closing hearing and le assessments for the cost of certain improvements to be provided in the Grimes Boulevard Public Improvement District#2 (First Reading) Charlie Crossfield, Assistant City Attorney made the staff presentation. He pointed out that a notice was published in the Round Rock Leader regarding the public hearing and this item. A notice was also sent to the property owner inviting him to participate. • Jim Nuse gave the following testimony. Mr. Crossfield: "Mr.Nuse,based on your knowledge of the property, is it in your opinion that the assessed property will benefit from the construction of Grimes Boulevard. Mr.Nuse: "Yes." ORDINANCE NO. AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS TO BE PROVIDED IN THE GRIMES BOULEVARD PUBLIC IMPROVEMENT DISTRICT #2.; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE MOTION: Councilmember Palmer moved to approve the ordinance. Councilmember Coe seconded the motion. • VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. MOTION: Councilmember Coe moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe • Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. 11.D.3. Consider an ordinance closing hearing and levying assessments for the cost of certain improvements to be provided in the Grimes Boulevard Public Improvement District#3. (First Reading) Charlie Crossfield, Assistant City Attorney made the staff presentation. He pointed FEBRUARY 28,2002 out that a notice was published in the Round Rock Leader regarding the public hearing and this item. A notice was also sent to the property owner inviting him to participate. Jim Nuse gave the following testimony. Mr. Crossfield: "Mr. Nuse,based on your knowledge of the property, is it in your opinion that the assessed property will benefit from the construction of Grimes Boulevard. Mr. Nuse: "Yes." • ORDINANCE NO. AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS TO BE PROVIDED IN THE GRIMES BOULEVARD PUBLIC IMPROVEMENT DISTRICT#3.; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE MOTION: Councilmember Pitt moved to approve the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None • Absent: Mayor Stluka ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. 11.E.1. Consider an ordinance annexing 78.158 acres of land,more or less out of the • Willis Donaho, Jr. Survey, A-173, in Williamson County Texas. (Dillard Tract) (First Reading) Joe Vining, Planning Director made the staff presentation. This tract is located in the northeast quadrant of the City, north of Old Settlers Park at Palm Valley. This annexation procedure is authorized under Section 43.028 of the Texas Local Government Code. The owner of the property submitted a petition for voluntary annexation. The developer is proposing a single-family development for this tract. Z9 FEBRUARY 28,2002 ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 78.158 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO, JR. SURVEY, ABSTRACT NO. 173, 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: Councilmember McGraw moved to approve the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. MOTION: Councilmember Gallahan moved to dispense with the second reading of the • ordinance with the unanimous consent of all the Councilmembers present. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. 1 LE.2. Consider an ordinance annexing 91.116 acres of land, more or less, out of the Willis Donaho, Jr. Survey, A-173, in Williamson County, Texas. (Hoyt Tract) (First Reading) Joe Vining, Planning Director made the staff presentation. This tract is located on the corner of County Road 122 and County Road 113. This annexation procedure is authorized under Section 43.028 of • the Texas Local Government Code. The owner of the property submitted a petition for voluntary annexation. The developer is proposing a single-family development for this tract. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 91.116 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO, JR. SURVEY, ABSTRACT NO. 173, 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 FEBRUARY 28,2002 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: Councilmember Palmer moved to approve the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw • Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe • Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. Mayor Pro-tem Nielson dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following item. 12.C.1. Consider a resolution authorizing the Mayor to execute an Annexation& Develot)ment Agreement for Roadway Facilities with John C. Lewis and Jimmy Nassour for 88.00 acres of land. (Pioneer Crossing) Joe Vining, Planning Director made the staff presentation. The owners of the 88.00 acres noted above located in the vicinity of County Road 122 and Highway 79, wish to annex and develop their property at urban densities. The arterial roads in this area are not sufficient to handle increase traffic that would be generated by the proposed development. The owners wish to proceed with their developments without delay and are prepared to enter into an • Annexation and Development Agreement to provide their proportionate share of cost for improving these roads in order to avoid delays in the annexation and zoning of their property. This will ensure fair and equitable cost sharing of arterial road cost while allowing annexations to proceed in a timely fashion. The City will be partially compensated for each developer's proportionate share of road improvements. 1 FEBRUARY 28,2002 RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into an Annexation & Development Agreement for Roadway Facilities with John C. Lewis and Jimmy Nassour for 88.00 acres of land out of the Robert McNutt Survey, A-422, in Williamson County, 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 an Annexation & Development Agreement for Roadway Facilities with John C. Lewis and Jimmy Nassour for 88.00 acres of land out of the Robert McNutt Survey, A-422, in Williamson County, Texas, a copy of said Agreement being attached hereto as Exhibit "A" 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. RESOLVED this 28th day of February 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer • Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. Mayor Pro-tem Nielson proceeded with the regular order of the agenda. 1 LE.3. Consider an ordinance annexing 88.00 acres of land, more or less, out of the Robert McNutt Survey, A-422, in Williamson County, Texas (Pioneer Crossing) (First Reading) Joe Vining,Planning Director made the staff presentation. This annexation procedure is authorized under Section 43.028 of the Texas Local Government Code. A petition for voluntary annexation was submitted. The purpose of this annexation is to establish city services for this development. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 88.00 ACRES OF LAND, MORE OR LESS, OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, 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. i 3 FEBRUARY 28,2002 MOTION: Councilmember Coe moved to approve the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson • Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers-present. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. 1 LEA. Consider an ordinance renewing the designation of 5.542 acres of land, being all of • Lot 5 of the Resubdivision of the Remainder of Lot 2, Corridor Park I, as Reinvestment Zone No. 18. (First Reading) Joe Vining,Planning Director made the staff presentation. A public hearing was held on this item earlier in the meeting. This will allow the designation of a new reinvestment zone for Photronics to extend their tax abatement agreement. ORDINANCE NO. AN ORDINANCE RENEWING THE DESIGNATION OF 5.542 ACRES OF LAND, BEING ALL OF LOT 5 OF THE RESUBDIVISION OF THE REMAINDER OF LOT 2, CORRIDOR PARK I, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS REINVESTMENT ZONE NO. 18 FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT, AND OTHER MATTERS RELATING THERETO. MOTION: Councilmember Pitt moved to approve the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw • Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. 33 FEBRUARY 28, 2002 MOTION: Councilmember Coe moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer • Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. 12.A.1. Consider a resolution authorizing the City Manager to order two replacement fire trucks and equipment from Houston Galveston Area Council (HGAC). Fire Chief Lynn Bizzell made the staff presentation. In November 2001, voters authorized the issuance of G.O. Bonds to finance four fire trucks. Two trucks are needed in the near future and are intended to be included in the first bond issue. Fire trucks require a construction time of 6 to 8 months. Because of the emergency nature of these vehicles, staff requested the Council's approval to order the two trucks in advance of the bonds being issued. If the bond issue were delayed for any reason, the City would advanceym • a ent for the trucks from the General Fund and reimburse the General Fund at such time p as the bonds are issued. Upon receipt of the new trucks, the existing 1986 engine will go to reserve status and the 1981 engine will be sold. These new fire apparatus will meet new standards for ISO, which will benefit the City as the department works toward maintaining our ISO ratings. The total cost of the two fire trucks is $830,139.00 with equipment. RESOLUTION NO. WHEREAS, the City of Round Rock desires to order two replacement fire trucks and equipment from the Houston Galveston Area Council (HGAC),Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized to order from the Houston Galveston Area Council (HGAC) two replacement fire trucks as more fully described in the attached Exhibit "A" in the amount of$766,860.00, and equipment as more fully described in the attached Exhibit `B" in the amount of$63,279.00. 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 28th day of February 2002. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 34 FEBRUARY 28, 2002 n. MOTION: Councilmember Coe moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None • Absent: Mayor Stluka ACTION: The motion carried unanimously. *12.B.1. Consider a resolution authorizing the closing of portions of Round Rock Avenue and Main Street from 9:00 o'clock a.m. until 9:30 o'clock a.m. on March 2, 2002 for the annual Opening Day Parade for the Sam Bass of Round Rock Youth Baseball League. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Sam Bass of Round Rock Youth Baseball League, Inc. has requested that a portion of Round Rock Avenue and Main Street, from the 100 block of Round Rock Avenue east to 901 E. Main Street at the Sam Bass Baseball Fields,be closed for its annual Opening Day Parade on March 2, 2002, from 9:00 o'clock a.m. to 9:30 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 the streets along the parade route 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. RESOLVED this 28th day of February, 2002. 12.C.1. Consider a resolution authorizing the Mayor to execute an Annexation& Development Agreement for Roadway Facilities with John C. Lewis and Jimmy Nassour for 88.00 acres of land. (Pioneer Crossing) This item was addressed earlier in the meeting. *12.1).1. Consider a resolution authorizing_a property tax refund to Cintas R US, L.P. in the amount of$3,350.61. This item was approved under the consent agenda. 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, Cintas R US, L.P. has made an overpayment or erroneous payment of 2001 taxes in the amount of$3,350.61; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayer. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$3,350.61. 35 FEBRUARY 28,2002 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 28th day of February, 2002. *12.D.2. Consider a resolution authorizing the Mayor to execute an Interlocal Participation • Agreement with the Texas Local Government Purchasing Cooperative to facilitate compliance with state bidding requirements. This item was approved under the consent agenda. 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 Participation Agreement with the Texas Local Government Purchasing Cooperative to facilitate compliance with state bidding requirements,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 Interlocal Participation Agreement with the Texas Local Government Purchasing Cooperative, a copy of said Agreement being attached hereto as Exhibit "A" 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. RESOLVED this 28th day of February, 2002 12.E.1. Consider a resolution determining that"design-build contract"is the delivery method,which provides the best value for the City for the construction of the City Maintenance Office and Storage Facility to be built at the City yard site on Luther Peterson Place Drive. This item was withdrawn from the agenda at the request of staff. 12.E.2. Consider a resolution authorizing the Mayor to execute a Consulting Agreement for Professional Services for Comprehensive Water Distribution Audit and Meter Management Analysis with JBS Associates, Inc. Jim Nuse,Public Works Director made the staff presentation. JBS completed Phase 1 of the Water Leak Detection Program in January, 1997 which detected 190 leaks. Repair of these leaks saved the City an estimated$120,000 per year. Phase 2 and Phase 3 were completed in February 1998. Repair of leaks reported and implementation of JBS's • recommendations provided the City with an estimated annual cost saving in excess of$173,000. The cost for this agreement will be $49,500. RESOLUTION NO. WHEREAS,the City of Round Rock desires to retain professional services for a Comprehensive Water Distribution Audit and Meter Management Analysis, and WHEREAS, JBS Associates, Inc. has submitted a Consulting Agreement for Professional Services to provide said services, and WHEREAS, the City Council desires to enter into said Consulting Agreement with JBS Associates, Inc., Now Therefore 36, FEBRUARY 28,2002 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 Consulting Agreement for Professional Services for Comprehensive Water Distribution Audit and Meter Management Analysis with JBS Associates, Inc. a copy of said Consulting Agreement being attached hereto as Exhibit"A" 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. • RESOLVED this 28th day of February 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka ACTION: The motion carried unanimously. • *12.E.3. Consider a resolution approving the reimbursement to Behrens Subdivision, Ltd. of $30,825.60 for the cost of oversizing water mains associated with the Behrens Ranch Phase A development. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, §8.610(4) Code of Ordinances (1995 Edition)provides for the reimbursement for the oversizing of water mains, and WHEREAS,Behrens Subdivision, Ltd. has submitted a reimbursement request for the oversizing of water mains associated with the Behrens Ranch Phase A development, and WHEREAS, the City Council wishes to approve said reimbursement,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves of the reimbursement to Behrens Subdivision, Ltd. of$30,825.60, which is the cost of oversizing water mains, associated with the Behrens Ranch Phase A development. 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 the 28th day of February, 2002. *12.F.1. Consider a resolution authorizing the Mavor to execute a Real Estate Contract with Aaron Thomison for right-of-way for the Double Creek Drive project. This item was approved under the consent agenda. RESOLUTION NO. 37 FEBRUARY 28, 2002 WHEREAS, the City desires to purchase a 0.565 acre tract of land for additional right-of- way for the Double Creek Drive Project, and WHEREAS, Aaron Thomison, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Aaron Thomison, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit"A" and incorporated herein for all • The City Council hereby finds and declares that written notice of the date, hour, place and purposes. 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 28th day of February, 2002. *12.F.2. Consider a resolution authorizing the City Manager to reimburse Edward Balderas, Jr. $15,927 in moving expenses in connection with the Highway 79 expansion project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock, as Grantee, and Adeline Geistman, as Grantor, have entered into a real estate contract for the purchase of Lots 6 &7, Swenson's Subdivision, for the Highway 79 expansion project, and WHEREAS, at the time of this purchase Edward Balderas, Jr,was a tenant legally upon the property to be purchased and was displaced because of this acquisition, and WHEREAS, the City of Round Rock has agreed to reimburse Edward Balderas, Jr. for • certain reasonable and necessary relocation expenses as a result of his displacement because of this acquisition,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager or his designated agent is hereby authorized to reimburse Edward Balderas, Jr. up to a maximum of$15,927 for reasonable and necessary relocation and moving expenses associated with the moving of his personal property located on Lots 6 & 7, Swenson's Subdivision. That the agreed amount of relocation expenses shall be paid to Edward Balderas, Jr. upon his completion of the relocation and his vacating of the premises described herein. That any expense incurred by the City of Round Rock in the removal of personal property which Edward Balderas, Jr. elects to abandon on the premises shall be deducted from the total amount of reimbursement to be paid. The City Council hereby fords 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 28th day of February, 2002. *12.F.3. Consider a resolution authorizing the City Manager to reimburse Edward Balderas $18,551 in moving expenses in connection with the Highway 79 expansion project. This item was approved under the consent agenda. pp g RESOLUTION NO. WHEREAS, the City of Round Rock, as Grantee, and Adeline Geistman, as Grantor, have entered into a real estate contract for the purchase of Lots 6 & 7, Swenson's Subdivision, for the Highway 79 expansion project, and WHEREAS, at the time of this purchase Edward Balderas was a tenant legally upon the property to be purchased and was displaced because of this acquisition, and WHEREAS, the City of Round Rock has agreed to reimburse Edward Balderas for certain reasonable and necessary relocation expenses as a result of his displacement because of this acquisition,Now Therefore 3 8. FEBRUARY 28, 2002 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager or his designated agent is hereby authorized to reimburse Edward Balderas up to a maximum of $18,551 for reasonable and necessary relocation and moving expenses associated with the moving of his personal property located on Lots 6 & 7, Swenson's Subdivision. That the agreed amount of relocation expenses shall be paid to Edward Balderas upon his completion of the relocation and his vacating of the premises described herein. That any expense incurred by the City of Round Rock in the removal of personal property which Edward Balderas elects to abandon on the premises shall be deducted from the total amount of reimbursement to be paid. • 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 28th day of February, 2002. *12.17.4. Consider a resolution authorizingthe he City Manager to reimburse Andy Vasquez $10,539.52 in moving expenses in connection with the Highway 79 expansion project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock, as Grantee, and Adeline Geistman, as Grantor, have entered into a real estate contract for the purchase of Lots 6 & 7, Swenson's Subdivision, for the Highway 79 expansion project, and WHEREAS, at the time of this purchase Andy Vasquez was a tenant legally upon the property to be purchased and was displaced because of this acquisition, and WHEREAS the City of Round Rock has agreed to reimburse Andy Vasquez uez for certain reasonable and necessaryrelocation expenses uses as a result of his displacement because of this • acquisition,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager or his designated agent is hereby authorized to reimburse Andy Vasquez up to a maximum of $10,539.92 for reasonable and necessary relocation and moving expenses associated with the moving of his personal property located on Lots 6 & 7, Swenson's Subdivision. That the agreed amount of relocation expenses shall be paid to Andy Vasquez upon his completion of the relocation and his vacating of the premises described herein. That any expense incurred by the City of Round Rock in the removal of personal property which Andy Vasquez elects to abandon on the premises shall be deducted from the total amount of reimbursement to be paid. 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 28th day of February, 2002. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business the meeting adjourned rned at 8:20 p.m. • s ectfully Submitted, Christine R. Martinez,ftr 3 9: MARCH 5, 2002 The Round Rock City Council met in a Special Called Session on Tuesday, March 5, 2002 at 8:30 a.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, oun C cihnember Isabel Gallahan and Councilmember Gary Coe. Also present were Assistant City Manager Joanne Land and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 051.071 Government Code,related to Cause No. 00-223-C277 Ramtron, Inc. vs. City of Round Rock. (SH-45) The Council recessed into Executive Session at 8:33 a.m. and adjourned back into Special Called Session at 8:52 a.m. RESOLUTIONS: 4.A. Consider a resolution authorizing the Mayor to execute all settlement documents concerning Cause No. 00-223-C277 Ramtron, Inc. vs. City of Round Rock. • This item was discussed in the Executive Session. RESOLUTION NO. WHEREAS, City of Round Rock("City ')is the defendant in Cause No. 00-223-C277; Ramtron, Inc. vs. City of Round Rock; and WHEREAS, a proposal has been made to settle the lawsuit on terms acceptable to the City; and WHEREAS, the City Council wishes to authorize the Mayor to execute a Full and Final Mutual Settlement Agreement, Release, and Waiver for the above referenced cause,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 Full and Final Mutual Settlement Agreement, Release, and Waiver in Cause No. 00-223-C277; Ramtron, Inc. vs. City of Round Rock, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting 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 5th day of March 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary r 4. G MARCH 5,2002 MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro- tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 8:52 a.m. Respectfully Submitted, &�&V If. , Christine R. Martinez, City Secretary i • i 41 MARCH 14, 2002 The Round Rock City Council met in Work Session and Regular Session on Thursday, March 14, 2002 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 Robert A. Stluka, Jr.,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl • Palmer, and Councilmember Isabel Gallahan. Councilmember Gary Coe was absent. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. WORK SESSION: 3.A.1. Consider a presentation regarding the draft Zoning Ordinance: Section 11.501 — Landscaping. Joe Vining,Planning Director made the staff presentation. This is the third section of the Zoning Ordinance revision,which includes new standards for landscaping. The proposed provisions are as follows: • Increased street yard requirements (30%) alternative compliance for large sites. • Requirements for screening detention ponds, trash receptacle areas, and ground mounted equipment. • • New standards for landscaping in parking areas. Mr. Vining briefly outlined the new standards for landscaping. He concluded that this would result in improved development standards, improved landscaping, and a projected decrease in the number of future Planned Unit Developments. In response to Mayor Pro-tem Nielson's question,Mr. Vining said that the landscape architects are very comfortable with the new landscaping standards because it minimizes the formula aspect. Councilmember Pitt expressed her concern of Section(4) Compatibility(b) Screening(ii) Dumpster, Trash Receptacles, Outdoor Storage paragraph 2. She said that this provision could be confusing to some individuals and asked staff to look at it again and if possible make it a little • clearer. 3.B.1. Consider a presentation on the SH 45 proiect and Regional Mobility Authorities. Michael Weaver, consultant with Prime Strategies, provided a brief overview of where TxDOT is concerning Regional Mobility Authorities and the SH 45 project. He also provided information on the scope, schedule, status of the right-of-way and implementation strategies being used by the Texas Turnpike Division for the SH 45 project. Mr. Weaver also gave a brief 42 MARCH 14, 2002 overview of the status of the Regional Mobility Authorities. The three main areas of concern are that there will be no local control, if the funds will be staying in the area and if there will be other entity representation. 3.13.2. Consider a presentation regarding the Drought Management Contingency Plan. Jim Nuse,Public Works Director made the staff presentation. The TNRCC requires that community water systems providing water service to 3,300 or more connections submit a drought • contingency plan to the Executive Director of the TNRCC. Mr. Nuse outlined the Drought Management Contingency Plan and explained the different stages of water supply and demand. They are as follows: • Stage I—voluntary 5-day water plan • Stage II—mandatory water use on designated days only(exception, handheld watering). • Stage III—designated day and hour use. The last time it reached Stage III was 18 years ago. Updates or revisions to the plan must be submitted to the Executive Director within 90 days of adoption by the City Council. This updated plan complies with the TNRCC requirements and will result in long term conservation of water resource. • CALL REGULAR SESSION TO ORDER—7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, and Councilmember Isabel Gallahan. Councilmember Gary Coe was absent. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Bob Tagge, 2113 Oakridge Drive, expressed his opposition of a bridge over the railroad on Highway 620 at Chisholm Trail. He added that he would prefer to see the railroad moved • away from the current populated area of the City. PROCLAMATIONS: 8.A. Consider a proclamation proclaiming March as Athletic Training Month. Mayor Stluka read the following proclamation. WHEREAS, the U.S. Congress and the National Athletic Trainers' Association have deemed that March 2002 as National Athletic Training Month; and 4 3. MARCH 14, 2002 WHEREAS, across the nation athletic trainers provide invaluable services and affect the lives of those involved in sports and physical activities; and WHEREAS, the overall goal of all athletic trainers is to enhance the quality of health care for athletes and others engaged in physical activity by providing assistance to prevent, evaluate, manage and rehabilitate injuries while working in educational and other facilities; and WHEREAS, the Round Rock City Council wishes to recognize and thank the following athletic trainers in the Round Rock School District for their time and consideration in helping care for the youth of our great community, Duane Ritter and Nikki Vincent of Round Rock High School, • Greg Bauer and Denise Vanlandingham of Westwood High School, Kirk Mollenkopf and James Allen of McNeil High School, and James Allen and Mitch Knauth of Stony Point High School; NOW THEREFORE, I, ROBERT A. STLUKA, JR., Mayor of the City of Round Rock, Texas do hereby proclaim March as ATHLETIC TRAINING MONTH in the City of Round Rock and urge everyone to learn more about the importance of athletic training. PROCLAIMED this 14th day of March 2002. The proclamation will be mailed to the Athletic Trainers of the School District. PUBLIC HEARINGS: 9.A.1. Consider public testimony concerning an assessment of Community Needs that will be used to identify and prioritize programs for the 2002-2003 Annual Action Plan and the 2003-2005 Three-Year Consolidated Plan. Mona Ryan, Community Development Coordinator gave an overview and update on community development activities and accomplishments. The • City is required to hold at least one public hearing on Community Needs and provide adequate notice that will give enough lead-time for the public to take informed action. This is the fifth public hearing on Community Needs. The first hearing was held with the interagency network of public services providers. The second hearing was held at the Senior Activity Center. The third hearing was held at the Round Rock Chamber of Commerce and the fourth hearing was held by the Community Development Advisory Commission. In addition to these public hearings, a Community Needs Survey has been mailed out to all the citizens in Round Rock who receive a water bill. This is the third year this survey has been used to identify community needs. The information collected is used to develop programs and activities funded by Community Development Block Grant money. The survey was also distributed to apartment projects, the • health clinic, other places of business and apartment developments in Round Rock. Staff will recommend funding allocations to the City Council and the completion of the survey. Ms. Ryan noted that possible areas to be funded include economic and community development, anti-crime programs, infrastructure,public services and facilities, elderly and youth programs. All programs directly benefit low and moderate-income persons and families. 44 MARCH 14, 2002 Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. 9.A.2. Considerublic testimony y re garding the draft Zoning Ordinance: Section 11.501 — Landscaping. Joe Vining,Planning Director made the staff presentation. A presentation was made earlier in the meeting on this third section of the Zoning Ordinance revision. The proposed landscaping provisions are as follows: • • Key components which differentiate the proposed provision from the existing provision; • Increased street yard requirements (30%) alternative compliance for large sites; • Requirements for screening detention ponds, trash receptacle areas, and ground mounted equipment; and • New standards for landscaping in parking areas. The proposed landscape revision will result in improved development standards, improved landscaping, and a projected decrease in the number of future Planned Unit Developments. The standards will also improve development standards and landscaping requirements, which will enhance the physical attributes of the City thus making it a more attractive environment to live and work. • Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. 9.A.3. Consider public testimony regarding an application to adopt original zoning of District SF-2 (Single Family-Standard Lot) on 91.116 acres of land, more or less, out of the Willis Donaho, Jr. Survey, A-173, in Williamson County, Texas. (Settlers Crossing). Jim Stendebach, Assistant Planning Director made the staff presentation. On January 17, 2001 the Planning and Zoning Commission recommended adoption of SF-2 original zoning for this tract. The proposed land use complies with the adopted General Plan. Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. • 9.A.4. Consider public testimony regarding an application to adopt original zoning of District SF-2 (Single Family-Standard Lot) on 78.16 acres of land, more or less, out of the Willis Donaho, Jr. Survey, A-173, in Williamson County, Texas. (Dillard Tract). Jim Stendebach, Assistant Planning Director made the staff presentation. On January 2, 2002 the Planning and Zoning Commission recommended adoption of SF-2 original zoning for this tract. The proposed land use complies with the adopted General Plan. 45 MARCH 14, 2002 Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. 9.A.5. Consider public testimony regarding an application to adopt original zoning of Planned Unit Development(PUD)No. 49 on 22.06 acres of land, more or less out of the Robert McNutt Survey, A-422, in Williamson County, Texas. (Pioneer Crossing). Jim Stendebach, • Assistant Planning Director made the staff presentation. Mr. Stendebach outlined the provisions of the PUD. On January 17, 2001, a public hearing was held concerning the adoption of original zoning of District Planned Unit Development(PUD)No. 49 for these 22.06 acres of land. The proposed development is within the boundaries of the Palm Valley Area Planning and Design Study approved by the Council in August 2000. Development standards for the commercial development,which is Tract 1, are in accordance with the guidelines of this approved study. The PUD implements the Palm Valley Design Standards by designing the center with a pedestrian orientation to the adjacent single-family subdivision. Also, right-of-way for improvements to US Highway 79 and CR 122 has been provided. This development will pay its pro rata share of road network fees to upgrade arterial roadway in the northeast-planning sector. Tract 2 will consist of • standard single-family lots and a system of private parks. The Planning and Zoning Commission recommended adoption of Planned Unit Development as original zoning for this tract. Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. 9.A.6. Consider public testimony regarding an application to adopt original zoning of District SF-2 (Single Family-Standard Lot) on 65.94 acres of land, more or less, out of the Robert McNutt Survey, A-422, in Williamson County, Texas. (Pioneer Crossing). Jim Stendebach, Assistant Planning Director made the staff presentation. A public hearing was held on January 17, 2001 by the Planning and Zoning Commission concerning the original zoning of District SF- 2 (Single Family-Standard Lot) for this 65.94-acre tract of land. The Commission recommended adoption of SF-2 original zoning. Also,right-of-way has been provided for the improvements of • US Hwy 79 and CR 122. This development will also pay its pro rata share of road network fees to upgrade arterial roadway in the northeast-planning sector. Mayor Stluka opened the public hearing. There being no public testimony,the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items. Items 12.B.2, 12.B.3. and 46 MARCH 14, 2002 12.B.4. were removed from the consent agenda and considered in their normal sequence of the agenda. *11.A. Consider approval of the minutes of the Regular Session of January 24, 2002; Special Called Work Session February 8, 2002; Special Called Session March 5, 2002. *12.B.1. Consider an ordinance designating the intersection of Round Rock West Drive is and Lake Creek Drive as an all-way stop intersection. (First Reading) *12.B.2. Consider an ordinance designating the intersection of Plantation Drive and Falkirk Drive as an all-way stop intersection. (First Reading) This item was withdrawn from the consent and addressed in the normal sequence of the agenda. *12.B.3. Consider an ordinance amending Chapter 9, Section 9.502, Code of Ordinances (1995 Edition) changingthe zone on a portion of FM 3406 from the west frontage road of IH-35 to CR 175 (Sam Bass Road). (First Reading) This item was withdrawn from the consent and addressed in the normal sequence of the agenda. *12.B.4. Consider an ordinance amending Chapter 9, Section 9.503, Code of Ordinances (1995 Edition) designating a portion of FM 3406 as a school speed zone with flashing beacons for Old Town Elementary School. (First Reading) This item was withdrawn from the consent and • addressed in the normal sequence of the agenda. *13.B.3. Consider a resolution authorizing the Mayor to execute an Election Services Contract with Williamson County for the May 4, 2002 election. *13.D.1. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Dal-Mac Construction Company for the Additions and Renovations for the Street Department and the Vehicle Maintenance Facility. *13.D.2. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with J.C. Evans Construction Co., Inc. for additional items in the Forest Creek Drive Roadway Project. MOTION: Councilmember Pitt moved to approve the remaining items on the consent • agenda. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe . ... 47. MARCH 14, 2002 ACTION: The motion carried unanimously. APPROVAL OF COUNCIL MEETING MINUTES: *1 LA. Consider approval of the minutes of the Regular Session of January 24 2002• Special Called Work Session February 8, 2002; Special Called Session March 5, 2002. This item was approved under the consent agenda. • ORDINANCES: 12.A.1. Consider an ordinance amending Sections 10.201 and 10.202 of the Round Rock Code of Ordinances regarding water and sewer rates for users located outside of the city limits. (Second Reading). Bob Bennett, City Manager explained that during the mid-1980's the City made a verbal agreement with Palm Valley Lutheran Church that involved parkland and City water. The Church helped the City with obtaining Old Settlers Park and the Church claims that the City agreed to sell water to the Church at the in-city rate. There are notes that suggest otherwise,but we are relying on what the Church has to say and what former Mayor Larry Tonn remembers. Currently, the Church wants to expand and remain outside the City and pay the in- city water rate they have been paying. The Church is willing to be annexed in January 2003. In • order to accommodate the Church the City must change the current ordinance thus allowing the Council to charge an in-city rate for an out-of-city customer. The amendment would also allow for a formal agreement with an out-of-city user who is requesting water from the City. The Council discussed the gentleman's agreement that was made by a prior Council, former City Manager and former City Attorney. They discussed how and why that this amendment would correct the verbal agreement and would prevent this from happening again. Also, that the City should keep their word on the verbal agreement that was made years ago since the Church is willing to be annexed in January 2003. Councilmember Gallahan said that she did not doubt that there was a"gentleman's agreement"with the Church for them to pay in-city water rates but her concern was that when this was discovered why the Church was not made to comply with the current ordinance. She • also expressed her concern that the Council would not be seen as being a consistent and equable Council regarding water rates for out-of-city users. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.201 AND SECTION 10.202, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING WATER AND SEWER RATES FOR USERS LOCATED OUTSIDE THE CITY LIMITS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. r ®n ' 4 V MARCH 14, 2002 MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Mayor Stluka • Noes: Councilmember Gallahan Absent: Councilmember Coe ACTION: The motion carried with 5 ayes and 1 no. *12.B.1. Consider an ordinance designating the intersection of Round Rock West Drive and Lake Creek Drive as an all-way stop intersection. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF ROUND ROCK WEST DRIVE AND LAKE CREEK DRIVE AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.13.2. Consider an ordinance designating the intersection of Plantation Drive and Falkirk Drive as an all-way stop intersection. (First Reading). Tom Word, City Traffic Engineer • made the staff presentation. A recent traffic investigation at the intersection of Plantation Drive and Falkirk Drive revealed that increased pedestrian volumes and the recreation center at this intersection necessitate an'all way stop. This will result in increased safety for vehicular traffic. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF PLANTATION DRIVE AND FALKIRK DRIVE AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. *12.B.3. Consider an ordinance amending Chapter 9, Section 9.502, Code of Ordinances (1995 Edition) changing the speed zone on a portion of FM 3406 from the west frontage road of 49 MARCH 14, 2002 IH-35 to CR 175 (Sam Bass Road). (First Reading). Tom Word, Chief Transportation Engineer made the staff presentation. The Texas Department of Transportation conducted speed studies on FM 3406 during 2001. Based on the information gathered, TxDOT is lowering the existing 55- mph speed limit to 50-mph. A reduction of the speed limit to 50-mph will promote a safer environment for traffic entering FM 3406 from side streets and for traffic entering and exiting • Old Town Elementary. Since this portion of the road falls within the ETJ of the Ci of Round �'Y p City Rock, these ordinances will need to be approved before any sign changes can be made by TxDOT. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF FM 3406; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt • Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. *12.B.4. Consider an ordinance amending Chapter 9, Section 9.503, Code of Ordinances (1995 Edition) designating a portion of FM 3406 as a school speed zone with flashing beacons for Old Town Elementary School. (First Reading). Tom Word, Chief Transportation Engineer made the staff presentation. The Texas Department of Transportation conducted speed studies on FM 3406 during 2001. Based on the information gathered, TxDOT will reduce to speed zone to a school speed zone of 35-mph (when flashing). The addition of a school speed zone will promote a safer environment for traffic entering FM 3406 from side streets and for traffic • entering and exiting Old Town Elementary. Since this portion of the road falls within the ETJ of the City of Round Rock, this ordinance needs to be approved by the Council before any sign changes can be made by TxDOT. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS DESIGNATING A PORTION OF FM 5 0; MARCH 14,2002 :01 3406 AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt • Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 12.C.1. Consider an ordinance adopting original zoning of District SF-2 (Single Family- Standard Lot) on 91.116 acres of land,more or less, out of the Willis Donaho, Jr. Survey, A-173, in Williamson County, Texas. (Settlers Crossing) (First Reading). A public hearing was held on this item earlier in the meeting. On January 17, 2001 the Planning and Zoning Commission recommended adoption of original SF-2 zoning. 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 91.116 ACRES OF LAND OUT OF THE WILLIS DONAHO JR. SURVEY, ABSTRACT NO. 173, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT). MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. • MOTION: Councilmember Palmer moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson 51 MARCH 14,2002 Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. • 12.C.2. Consider an ordinance ado tin original p � zoning of District SF-2 (Single Family- Standard Lot) on 78.16 acres of land,more or less, out of the Willis Donaho, Jr. Survey A-173, in Williamson County, Texas. (Dillard Tract) (First Reading). A public hearing was held on this item earlier in the meeting. On January 2, 2002 the Planning and Zoning Commission recommended adoption of original SF-2 zoning for this tract. Councilmember Pitt expressed concern that new homeowners would not be aware of the proposed arterial in this area. She asked if the individuals purchasing homes in this subdivision would be provided with a letter that they can sign acknowledging that they know about Arterial A. Chris Rischer, from Milburn Homes responded that there would be an acknowledgement letter the proposed homeowners can sign. Also, the subdivision will have a sign posted in the • area of the Arterial, it will also be designated on the plat and it will be disclosed to homebuyers. 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 78.16 ACRES OF LAND OUT OF THE WILLIS DONAHO JR. SURVEY, ABSTRACT NO. 173, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF-2 (SINGLE FAMILY- STANDARD LOT). MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer • Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Palmer moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Gallahan seconded the motion. 5- 2.. MARCH 14, 2002 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 12.C.3. Consider an ordinance adopting original zoning of District SF-2 (Single Family- Standard Lot) on 65.94 acres of land,more or less, out of the Robert McNutt Survey, A-422, in Williamson County, Texas. (Pioneer Crossing) (First Reading). A public hearing was held earlier in the meeting and a public hearing was also held on January 17, 2001 by the Planning and Zoning Commission for the original zoning of District SF-2 (Single Family-Standard Lot) on this 65.94 acre tract of land. The Planning and Zoning Commission recommended adoption of original SF-2 zoning. 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 65.94 ACRES OF • LAND OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF-2 (SINGLE FAMILY- STANDARD LOT). MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Palmer moved to dispense with the second reading of the • ordinance with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None . . 53 MARCH 14,2002 Absent: Councilmember Coe ACTION: The motion carried unanimously. 12.C.4. Consider an ordinance adopting original zoning of Planned Unit Development (PUD)No. 49 on 22.06 acres of land,more or less, out of the Robert McNutt Survey, A-422, in Williamson County, Texas. (Pioneer Crossing) (First Reading). A public hearing was held earlier • in the meetingon this item. A public hearing was also held on January 17 2001 b the Planning p g �'Y � Y g and Zoning Commission for the original zoning of District SF-2 (Single Family-Standard Lot) for this 65.94-acre tract of land. The Commission recommended adoption of original SF-2 zoning. 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 22.06 ACRES OF LAND OUT OF THE ROBERT MCNUTT SURVEY, ABSTRACT 422, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD)NO. 49. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Palmer seconded the motion. • VOTE: Pr - Mayor Ayes:y y Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Palmer moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt • _ Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. RESOLUTIONS: MARCH 14,2002 13.A.1. Consider a resolution authorizingthe Mayor to execute an Agreement for One (1)Month Extension of Depository and Banking Services Contract with JP Morgan Chase Bank. David Kautz, Finance Director made the staff presentation. JP Morgan Chase, formerly Chase Manhattan, has been the City's banking depository since September 1997 and the agreement expires March 31, 2002. The City is in the 5"'year of this depository contract, the maximum term permitted by law. For the purpose of permitting an orderly transition to a new • depository contract and banking relationship, staff recommended an extension of the current contract. This extension will allow staff the required time to finalize negotiations for a new depository and banking agreement and insure an orderly transition to_the new agreement. There will be no changes to the current depository fee schedule, which is $3,000 a month. The extension date is through April 30, 2002. RESOLUTION NO. WHEREAS, the City, on September 12, 1997 entered into a Depository and Banking Services Contract with Texas Commerce Bank N.A., said Contract having a term beginning on October 1, 1997 and terminating on September 30, 2000; and WHEREAS, Chase Bank of Texas, N.A. (formerly known as Texas Commerce Bank N.A.) merged with and into The Chase Manhattan Bank during the term of said Depository and Banking Services Contract; and • WHEREAS, by virtue of said merger, The Chase Manhattan Bank assumed all of the rights and obligations of Texas Commerce Bank N.A. provided for in said Depository and Banking Services Contract; and WHEREAS, Morgan Guaranty Trust Company of New York merged with and into The Chase Manhattan Bank, which changed its name to JP Morgan Chase Bank during the term of said Depository and Banking Services Contract; and WHEREAS, paragraph III of said Contract authorizes the parties to extend the existing Depository and Banking Services Contract, by mutual agreement, for a period not to exceed the period allowed by the City's Comprehensive Investment Policy, said allowed period being five (5) years; and WHEREAS, the City, on September 28, 2000 did so enter into an Agreement for One (1) Year Extension of Depository and Banking Services Contract, so that the term of said Contract expired on September 30, 2001; and WHEREAS, the City, on September 13, 2001 did so enter into an Agreement for Six (6) Month Extension of Depository and Banking Services Contract, so that the term of said Contract would expire on March 31, 2002; and WHEREAS, the City and JP Morgan Chase Bank now desire to extend the previously- extended Depository and Banking Services Contract for a period of an additional one (1) month, so that the term of said Contract shall expire on April 30, 2002;Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. •That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for One (1) Month Extension of Depository and Banking Services Contract with JP Morgan Chase Bank. 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 14th day of March 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas 55 MARCH 14,2002 ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 13.A.2. Consider a resolution selecting Bank of America,N.A. as the official depository of the City of Round Rock, and authorizing the City Manager and/or the Director of Finance to execute a Depository and Banking Services Contract with Bank of America,N.A. David Kautz gave the staff presentation. Modern banking services and capabilities provide the City with an efficient funds management, deposit and payables system. The City has received four applications from local banks for a new City depository. Several of the services were particularly • complex and additional time was required to clarify p q and evaluate, causing the planned contract implementation date to be moved to May 1, 2002. The Bank of America application and services proposal best meets the City's needs at the lowest net cost. This will be a 2-year agreement with an option to extend services to 5 years. The cost will be approximately$41,000/year,based on banking activity. RESOLUTION NO. WHEREAS, Chapter 1, Section 1.1100, Code of Ordinances, City of Round Rock, Texas, provides that the City Council shall select a City Depository for the custody of City funds; and WHEREAS, the City has requested applications from banking firms authorized to submit such applications; and WHEREAS,Bank of America,N.A. has submitted the most favorable application; and WHEREAS, the City Council desires to accept the application of Bank of America, N.A. and to enter into a Depository and Banking Services Contract; and WHEREAS, Section 105.015 of the Texas Local Government Code empowers the City • Council to authorize a designated officer to execute on the municipality's behalf one or more depository services contracts,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Manager and/or the Director of Finance shall be, either jointly or individually, the designated officer to serve as the primary liaison between the City and Bank of America, N.A., and the designated officer may exercise the powers and duties as authorized by applicable law. II. That the application of Bank of America, N.A. is hereby accepted and said institution is hereby selected as the official depository of the City of Round Rock, Texas, for the period beginning May 1, 2002, through April 30, 2004, and the designated officer is hereby authorized 56 - MARCH 14, 2002 and directed to execute on behalf of the City a Depository and Banking Services Contract, and other necessary and related documents,with Bank of America,N.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. RESOLVED this 14th day of March, 2002. ROBERT A. STLUKA, JR., Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 13.B.1. Consider a resolution authorizing the Mavor to execute a Water and Wastewater • Service Contract with Palm Valley Lutheran Church. Bob Bennett, City Manager briefly outlined the history between Palm Valley Lutheran Church and the City of Round Rock concerning water and wastewater service. This contract will formalize an agreement made between the City and Palm Valley Lutheran Church in the mid 1980's. Mr. Bennett gave an overview of the following agreed to provisions by Palm Valley Lutheran Church. • To comply with all current City's ordinances regarding water and wastewater uses. • To pay a Water Impact Fee in the amount of$5,223.00. • To pay a Wastewater Impact Fee in the amount of$3,561.00. • That the property will not be annexed prior to January 1, 2003. • Failure to comply with the annexation request would terminate all obligations of the • City. RESOLUTION NO. WHEREAS, Palm Valley Lutheran Church desires to purchase water and wastewater services from the City of Round Rock, and WHEREAS, the City Council desires to enter into a.Water and Wastewater Service Contract with Palm Valley Lutheran Church,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 Water and Wastewater Service Contract with Palm Valley Lutheran Church, a copy of said Contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. 5: 7 MARCH 14, 2002 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 14th day of March, 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas • ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Mayor Stluka Noes: Councilmember Gallahan Absent: Councilmember Coe ACTION: The motion carried with 5 ayes and 1 no. 13.B.2. Consider a resolution calling the May 4, 2002 election. Joanne Land, Assistant City Manager gave an overview of Election Day polling locations. The City has held a joint • election with the Round Rock Independent School District for several ears to provide one ballot p Y which contain all the candidates for the School Board and all 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. Council has always supported giving the voters of this community every opportunity available to make voting easier for them. The additional early voting locations will also give the voters those opportunities. There are two changes concerning the Election Day voting locations. The polling place at Robertson Elementary School has been moved to Stony Point High School. A new polling place has been added which is Old Town Elementary School. Following is the voting schedule for the May 4, 2002 Election. John Willingham, Williamson County Elections Administrator,provides the • election services for this joint election. The cost of the election will be approximately$10,359. • Election Day The polls will be open on Election Day,May 4, 2002, from 7:00 a.m. to 7:00 p.m. at: - City Pct. No. 1 —Stony Point High School, 1801 Bowman Road, Round Rock (Williamson County Precinct No. 149—423 —436—484) - City Pct. No. 2 - Gattis Elementary, 2920 Round Rock Ranch Boulevard, Round Rock (Williamson County Precinct No. 424—463 —480—488—T-202) 59 MARCH 14, 2002 - City Pct. No. 3 -First Baptist Church, 306 Round Rock Avenue, Round Rock (Williamson County Precinct No. 150— 172—455) - City Pct. No. 4 -Round Rock High School, 300 Lake Creek Drive,Round Rock (Williamson County Precinct No. 122— 137— 160) - City Pct. No. 5—Bluebonnet Elementary, 1010 Chisholm Valley Drive,Round Rock (Williamson County Precinct No. 135 — 138) - City Pct. No. 6—Old Town Elementary, 2001 Old Settlers Boulevard,Round Rock • (Williamson County Precinct No. 119—382) - City Pct. No. 14—Wells Branch Elementary, 14650 Merriltown Drive, Austin (Travis County Precinct No. T-225) (This precinct is used only for joint City and RRISD elections) • Early voting locations: Early Voting by personal appearance will be conducted at the following times and locations. - Robert G. &Helen Griffith Public Library, 216 E. Main Street, Round Rock - Old Hopewell School Building, 1311 Round Rock Avenue,Round Rock - United Heritage Conference Center, 3400 E. Palm Valley Blvd., Round Rock - Clay Madsen Recreation Center, 1600 Gattis School Road,Round Rock - Forest North Elementary School, 13414 Broadmeade, Austin (Used only when holding joint election with RRISD) - Westwood High School, 12400 Mellow Meadow Drive, Austin • (Used only when holding joint election with RRISD) Early voting dates and times: - April 17—April 19, 2002 (Weekdays) 8:00 a.m. —5:00 p.m. - April 20, 2002 (Saturday) 8:00 a.m. — 12:00 noon - April 22—April 26, 2002 (Weekdays) 8:00 a.m. —5:00 p.m. - April 27, 2002 (Saturday) 8:00 a.m. — 12:00 noon - April 29—April 30, 2002 (Weekdays) 8:00 a.m. —7:00 p.m. RESOLUTION NO. A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, CALLING AN ELECTION ON MAY 4, 2002 FOR THE PURPOSE OF ELECTING CERTAIN CITY OFFICIALS; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR EARLY VOTING; PROVIDING FOR PERFORMANCE OF REQUIRED ADMINISTRATIVE DUTIES; AND PROVIDING FOR OTHER MATTERS RELATING TO SUCH CITY ELECTION. WHEREAS, the City Council of the City of Round Rock, Texas, wishes to order a City • Election on May 4, 2002; and WHEREAS, the City Council has determined that May 4, 2002 is the appropriate date for holding the election to elect a Mayor, Councilmember Place 1 and Councilmember Place 4; 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 Stony Point High School, Gattis Elementary School, First Baptist Church, Round Rock High School, Bluebonnet Elementary School, Old Town Elementary School, and Wells Branch Elementary School would be easily accessible to voters in the City of Round Rock on election day as election day polling places; and WHEREAS, it has been further determined that early voting polling places will be at Robert G. & Helen Griffith Public Library, Round Rock Independent School District Old 59 MARCH 14, 2002 Hopewell School Building, Clay Madsen Recreation Center, United Heritage Conference Center, Westwood High School, and Forest North Elementary School; Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. 1. An election shall be held on Saturday, May 4, 2002 in accordance with the attached Order of Election, which Order of Election is labeled as Exhibit "A" and incorporated herein by reference for all purposes. 2. Stony Point High School, Gattis Elementary School, First Baptist Church, Round Rock High School, Bluebonnet Elementary School, Old Town Elementary School, and Wells • Branch Elementary School are hereby designated as the official election day polling places; and Robert G. & Helen Griffith Public Library, Round Rock Independent School District Old Hopewell School Building, Clay Madsen Recreation Center, United Heritage Conference Center, Westwood High School, and Forest North Elementary School are hereby designated as the official early voting polling places for the May 4, 2002 City Council Election; that the main early voting polling place is hereby designated to be the Robert G. & Helen Griffith Public Library, 216 E. Main Street, Round Rock, Texas; and that the polling places and voting hours are as detailed in the attached Order of Election. 3. For such election, the City of Round Rock hereby appoints the election judge(s) and alternate election judge(s) appointed by and designated by John Willingham, Williamson County Elections Administrator. 4. Early voting shall be conducted by personal appearance and by mail at the following places: Robert G. & Helen Griffith Public Library, 216 E. Main Street, Round Rock, Texas; Round Rock Independent School District Old Hopewell School Building, 1311 Round Rock Avenue, Round Rock, Texas; Clay Madsen Recreation Center, 1600 Gattis School Road, Round Rock, Texas; United Heritage Conference Center, 3400 E. Palm Valley Boulevard, Round Rock, Texas; Westwood High School, 12400 Mellow Meadow Drive, Austin, Texas; Forest North Elementary School, 13414 Broadmeade, Austin, Texas. During the period in which early voting is required or permitted by law, that being April 17 through April 30, 2002, the hours being designated for early voting by personal appearance shall be as follows: April 17-April 19, 2002 (Weekdays) 8:00 a.m. - 5:00 p.m. • April 20, 2002 (Saturday) 8:00 a.m. - 12:00 noon April 22-April 26, 2002 (Weekdays) 8:00 a.m. - 5:00 p.m. April 27, 2001 (Saturday) 8:00 a.m. - 12:00 noon April 29—April 30, 2002 (Weekdays) 8:00 a.m. - 7:00 p.m. 5. Early voting clerks shall keep the early voting places open during all such hours for early voting by personal appearance. The Early Voting Clerk and manager of the central counting station shall be John Willingham, Williamson County Elections Administrator, and he shall appoint additional clerks as necessary to assist in early voting. The Early Voting Clerk's official address is Williamson County Elections Administrator, Post Office Box 209, Georgetown, Texas, 78627-0209, and the telephone number is (512) 943-1630. 6. Pursuant to the Election Code and the applicable Election Services Contract, John Willingham shall be appointed as Custodian of Election Records. 7. All residents, qualified electors of the City of Round Rock, Texas shall be entitled to vote at the election. 8. The City Secretary is hereby authorized and directed to publish and post the required notices in the manner and for the time periods required by law. 9. In all pertinent respects, the election shall be conducted in accordance with applicable provisions of the Texas Election Code. 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 14th day of March 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 6 :Q MARCH 14,2002 MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka • Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. *13.B.3. Consider a resolution authorizing the Mavor to execute an Election Services Contract with Williamson County for the ME 4, 2002 election. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a contract with the Williamson County Elections Administrator and the Round Rock Independent School District to conduct the May 4, 2002 election, and WHEREAS, the Williamson County Elections Administrator has submitted a proposed Election Services Contract("Contract"), and WHEREAS, the City Council desires to enter into said Contract,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an • Election Services Contract with the Williamson County Elections Administrator and the Round Rock Independent School District to conduct the May 4, 2002 election, a copy of said Contract being attached hereto as Exhibit"A" 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. RESOLVED this 14th day of March 2002. 13.B.4. Consider a resolution in support of the Capital Area Metropolitan Planning Organization's priority highway projects before the Texas Transportation Commission. Bob Bennett, City Manager noted that on March 28, the Capital Area Transportation Coalition (CATC)will participate with the Capital Area Metropolitan Planning Organization(CAMPO) in a joint appearance before the Texas Transportation Commission. At that time, they will request FY 2006 funding for the three-priority highway projects that the CAMPO Policy Advisory • Committee (PAC) selected in December: • US 290(W) East of Williamson Creek to west of RM 1826: Construct freeway main lanes on US 290 (W) at the Y in Oak Hill • US 183(S) South of FM 969 to north of Boggy Creek: Construct 6-lane freeway with frontage roads and grade separation at Technicenter Drive • US 183(S)North of FM 969 to south of FM 969: Construct freeway main lanes and frontage roads 61 MARCH 14,2002 This resolution will show Round Rock's support of other highway projects that will go before the Texas Transportation Commission because all the highway projects in the Central Texas area are tied together in some form or fashion. RESOLUTION NO. • WHEREAS, the City of Round Rock supports a comprehensive multi-modal transportation infrastructure that promotes economic vitality, enhanced mobility, and improved quality of life for citizens of the greater Austin metropolitan area; and WHEREAS, the Capital Area Metropolitan Planning Organization (CAMPO) Policy Advisory Committee (PAC) adopted the CAMPO 2025 Transportation Plan in June 2000, which includes the completion of the area's basic freeway system, new toll roads, many arterial improvements, and a substantial increase. in public transportation investments and bicycle/pedestrian facilities to the year 2025; and WHEREAS, the CAMPO PAC has selected the following three priority projects, which are vital components of the 2025 Transportation Plan, for consideration of FY 2006 funding by the Texas Transportation Commission: 1. US 290(W) East of Williamson Creek to west of RM 1826 - Construct freeway main lanes on US 290 (W) at the Y in Oak Hill; 2. US 183(S) South of FM 969 to north of Boggy Creek - Construct 6-lane freeway with frontage roads and grade separation at Technicenter Drive; and 3. US 183(S) North of FM 969 to south of FM 969 - Construct freeway main lanes and frontage roads. WHEREAS, CAMPO and the Capital Area Transportation Coalition(CATC)will submit these projects to the Texas Transportation Commission on March 28, 2002, and WHEREAS, the development of each of these projects is deemed very important to a transportation system that improves mobility for citizens of the greater Austin metropolitan area • by providing increased capacity, decreased congestion, and enhanced safety,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock supports all these projects as vital to continued development of a transportation infrastructure system that responds to the needs of the community and endorses their funding by the Texas Transportation Commission as requested by the delegation on March 28, 2002. 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 14th day of March 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember • McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 62 MARCH 14, 2002 13.C.1. Consider a resolution authorizing the Mayor to execute an Interlocal Contract for Orthophotomphy with the Capital Area Planning Council for air photography mapping updates of the SH 45 - La Frontera area. Joe Vining, Planning Director gave the staff presentation. In 2001, the City and CAPCO entered into an interlocal agreement to have an aerial photo taken of the City's entire ETJ,which is approximately 90 square miles. This is an opportunity to update the photo to include the SH 45 corridor and the La Frontera area now as it • pP Y p exists. CAPCO is photo mapping all of the 10 counties in the CAPCO region. The scale of that photography is not as precise at the 2001 photography the City obtained from the 2001 Mapping Project. Thus, the City would be required to pay the costs of the higher precision photography for SH 45 and La Frontera,but yet benefits by receiving all of the 2002 Mapping Project photography for Williamson County. The cost of this agreement is $9,598.32. RESOLUTION NO. WHEREAS, the City of Round Rock supports a comprehensive multi-modal transportation infrastructure that promotes economic vitality, enhanced mobility, and improved quality of life for citizens of the greater Austin metropolitan area; and WHEREAS, the Capital Area Metropolitan Planning Organization (CAMPO) Policy Advisory Committee (PAC) adopted the CAMPO 2025 Transportation Plan in June 2000, which includes the completion of the area's basic freeway system, new toll roads, many arterial improvements, and a substantial increase in public transportation investments and • bicycle/pedestrian facilities to the year 2025; and WHEREAS, the CAMPO PAC has selected the following three priority projects, which are vital components of the 2025 Transportation Plan, for consideration of FY 2006 funding by the Texas Transportation Commission: 1. US 290(W) East of Williamson Creek to west of RM 1826 - Construct freeway main lanes on US 290 (W) at the Y in Oak Hill; 2. US 183(S) South of FM 969 to north of Boggy Creek - Construct 6-lane freeway with frontage roads and grade separation at Technicenter Drive; and 3. US 183(S) North of FM 969 to south of FM 969 - Construct freeway main lanes and frontage roads. WHEREAS, CAMPO and the Capital Area Transportation Coalition (CATC) will submit these projects to the Texas Transportation Commission on March 28, 2002, and WHEREAS, the development of each of these projects is deemed very important to a transportation system that improves mobility for citizens of the greater Austin metropolitan area by providing increased capacity, decreased congestion, and enhanced safety, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock supports all these projects as vital to continued development of a transportation infrastructure system that responds to the needs of the community and endorses their funding by the Texas Transportation Commission as requested by the delegation on March 28, 2002. • 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 14th day of March, 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 63. MARCH 14,2002 MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer • Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 13.C.2. Consider a resolution authorizing the Mayor to execute a Consulting Agreement for Professional Services for Retail Trade Assessment with The Cornerstone Group and The Buxton Company for an assessment of the retail trade potential of Round Rock. Joe Vining, Planning Director made the staff presentation. With the increased importance of diversifying our tax base, staff recommended that the City enter into a contract with Cornerstone and Buxton for Phase I(only) of their Community ID study. Phase I is an assessment of the retail trade in the City of Round Rock. This assessment will identify distinct geographic zones of customers and • retail potential. An analysis of the existing retail trade and demographic and psychographic analyses of the households in the community will determine the opportunities for additional retail trade. The study will produce a map of the potential retail zones with household density, graphs of household profiles, and a list of potential retailers with graphical representation of their core customers compared to the community's household profile. The cost will be approximately $20,000. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional services for an assessment of the retail trade potential of Round Rock, and WHEREAS, The Cornerstone Group and The Buxton Company have submitted a Consulting Agreement for Professional Services for Retail Trade Assessment to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with The Cornerstone Group and The Buxton 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 Consulting Agreement for Professional Services for Retail Trade Assessment with The Cornerstone Group and The Buxton Company, a copy of said Agreement being attached hereto as Exhibit"A" 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. RESOLVED this 14th day of March, 2002. 64 MARCH 14,2002 ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. *13.D.1. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Dal-Mac Construction Company for the Additions and Renovations for the Street Department and the Vehicle Maintenance Facility. This item was approved under the consent agenda. The total amount for the change order is $30,167.92. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Dal-Mac Construction Company for the Additions and Renovations for the Street Department and the Vehicle Maintenance Facility, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, 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 Dal-Mac Construction Company for the Additions and Renovations for the Street Department and the Vehicle Maintenance Facility, a copy of said change order being attached hereto as Exhibit "A" 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. RESOLVED this 14th day of March, 2002. • *13.D.2. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with J.C. Evans Construction Co., Inc. for additional items in the Forest Creek Drive Roadway Project. This item was approved under the consent agenda. The amount of the change order is $29,408.30. RESOLUTION NO. 65 MARCH 14,2002 WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with J.C. Evans Construction Co., Inc. for the construction of Forest Creek Drive from Collingwood Drive to Double Creek Drive and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, 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 J.C. Evans Construction Co., Inc. for the construction of Forest Creek Drive from Collingwood Drive to Double Creek Drive, a copy of said change order being attached hereto as Exhibit"A" 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 b law at all times during which this Resolution and the p p q Y g 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 14th day of March, 2002. 13.D.3. Consider a resolution authorizingthe e Mayor to execute a Proposal for Construction Auditing Services with Jefferson Wells International for the revision of engineering, consulting, architectural, and construction contract agreements. Jim Nuse, Public Works Director made the staff presentation. With nearly$180 million worth of projects to be completed by the City within the next five years, the City needed to see if the current processes for contracts were updated. Jefferson Wells International evaluated the City's project management processes and • submitted a draft of their audit report. After staff's review of the draft audit report, staff recommended that the City needs to revise its contract and agreement process for both professional services as well as construction contracts. Jefferson Wells International can provide this service on an hourly basis at a cost not to exceed$10,500. This will help improve the value of our construction projects. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional construction auditing services for the revision of engineering, consulting, architectural, and construction contract agreements, and WHEREAS, Jefferson Wells International has submitted a Proposal for Construction Auditing Services 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 Proposal for Construction Auditing Services with Jefferson Wells International for the revision of engineering, consulting, architectural, and construction contract agreements, a copy of said proposal being attached hereto as Exhibit"A" 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. RESOLVED this 14th day of March, 2002. ROBERT A. STLUKA, JR.,Mayor 66 MARCH 14,2002 City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson is Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 13.13.4. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the architectural services agreement with Austin Architecture Plus, Inc. for additional geo-technical services related to the feasibility of underground parking structures for the Municipal Office Complex. Jim Nuse,Director of Public Works made the staff presentation. The City is investigating the possibility of providing parking for the Municipal Office Complex project to be located under the buildings at this site. The architect is being asked to have the geo- • tech consultant to provide additional borings and tomake a recommendation to the feasibility of parking structures at the site. This improves the Master plan and allows the construction of the Senior Citizen Center at the site and also reconsiders the original plan of a five-story parking garage. The cost of this service is $14,820.30. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Architectural Services, together with Supplemental Agreement No. 1 and Supplemental Agreement No. 2 (collectively referred to as "Agreement"), with Austin Architecture Plus, Inc. for design services relating to the Municipal Office Complex ("MOC") site, and WHEREAS, Austin Architecture Plus, Inc. has submitted an additional services proposal as set forth in Supplemental Agreement No. 3 to the Agreement to include additional geo- technical investigative work related to feasibility of underground parking structures at the MOC site, and WHEREAS, the City Council desires to approve said Supplemental Agreement No. 3 • 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 Supplemental Agreement No. 3 to the Agreement with Austin Architecture Plus, Inc. to include said additional geo-technical investigation, a copy of same being attached hereto as Exhibit "A" 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. 67 MARCH 14,2002 RESOLVED this 14th day of March, 2002. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember • McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 13.D.5. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 to the architectural services agreement with Austin Architecture Plus, Inc. for additional design services related to the possible realignment of the McConico Building at the Municipal Office Complex. Jim Nuse,Director of Public Works made the staff presentation. The McConico • buildingcontract has been awarded to Raymond Construction Co. The Ci has reviewed the ym City Master Plan for the Municipal Office Complex and upon this review,recommended a change in the location of the building in relation to alignment with the street. This is an improvement of the Master plan and allows the consideration of the Senior Citizen Center to be located at the site. The cost will be $19,450. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Architectural Services, together with Supplemental Agreement No. 1, Supplemental Agreement No. 2, and Supplemental Agreement No. 3, (collectively referred to as "Agreement"), with Austin Architecture Plus, Inc. for design services relating to the Municipal Office Complex ("MOC") site, and WHEREAS, Austin Architecture Plus, Inc. has submitted an additional services proposal as set forth in Supplemental Agreement No. 4 to the Agreement to include design services related to possible realignment of the McConico Building on the site, and • WHEREAS, the City Council desires to approve said Supplemental Agreement No. 4 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 Supplemental Agreement No. 4 to the Agreement with Austin Architecture Plus, Inc. to include said design services related to possible realignment of the McConico Building, a copy of same being attached hereto as Exhibit"A" 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 s MARCH 14, 2002 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of March, 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary ouncilmember Palmer moved to approve the resolution. Ma • MOTION. C pp or Pro-tem y Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 13.D.6. Consider a resolution authorizing the Mayor to submit written comments to the Texas Transportation Commission concerning the proposed rules for Regional Mobility Authorities and Financing Toll Projects. Tom Word, Chief Transportation Engineer made the • staff presentation. Senate Bill 342 approved by the 77th Legislature in 2001 established new provisions,which would permit creation of Regional Mobility Authorities (RMAs). Regional Mobility Authorities are essentially local toll road authorities created for the purpose of constructing, maintaining, and operating turnpike projects. Round Rock is interested in RMAs because they may provide a mechanism by which the Round Rock Transportation System Development Corporation can recoup the local monies spent on SH 45. On January 31, 2002, the Texas Transportation Commission proposed rules concerning the implementation of Senate Bill 342. The proposed rules include provisions, which are not in the best interest of local communities. He emphasized the need for significant revisions to the rules of the Texas Transportation Commission. The Texas Transportation Commission has asked for public comment on the proposed rules, and staff recommended that the City's comments be submitted • to the Texas Department of Transportation. RESOLUTION NO. WHEREAS, on January 31, 2002, the Texas Transportation Commission(TTC) approved the proposed rules for Regional Mobility Authorities and Financing Toll Projects, and WHEREAS, the TTC invited written comments on the proposed rules be submitted to it on or before March 18, 2002, and WHEREAS, the City Council wishes to provide its comments on the proposed rules as set forth in Exhibit"A", attached hereto and incorporated herein,Now Therefore 69 MARCH 14,2002 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby authorizes the Mayor to submit to the TTC the City of Round Rock's comments to the proposed rules as set forth in 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. RESOLVED this 14th day of March, 2002. • _ ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. • COUNCIL COMMENTS: None ADJOURNMENT: There being no further business,the meeting adjourned at 8:56 p.m. Re ectfully Submitted, Christine R. Martinez, City Secretary • T0 MARCH 26,2002 The Round Rock City Council met in Regular Session on Thursday,March 26, 2002 in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER—7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson Councilmember Carrie PittCouncilmember Earl Palmer Councilmember Isabel • Gallahan and Councilmember Coe. Councilmember Alan McGraw was out of town on personal business. Also present were City Manager Bob Bennett,Assistant City Manager Joanne Land and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: None PROCLAMATIONS: S.A. Consider a proclamation of congratulations in commemoration of the 20th Anniversary of charitable bingo in Texas. Mayor Stluka read the appropriate proclamation, which will be mailed to the Texas Lottery Commission. S.B. Consider a proclamation declaring the week of April 1 -April 7, 2002 as Round Rock, Texas Community Development Week. Mayor Stluka read the appropriate proclamation • and presented it to Mona Ryan, Community Development Coordinator. S.C. Consider a proclamation proclaiming April 7-12, 2002 as Public Health Week. Mayor Stluka read the appropriate proclamation and presented it to Sharon Hinderer of the Williamson County Health Department. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items. *7.A. Consider approval of the minutes of the Regular Session of February 14, 2002. *8.A.1. Consider an ordinance designating the intersection of Round Rock West Drive and Lake Creek Drive as an all-way stop intersection. (Second Reading) • *8.A.2. Consider an ordinance designating the intersection of Plantation Drive and Falkirk Drive as an all-way stop intersection. (Second Reading) *8.A.3. Consider an ordinance amending Chapter 9, Section 9.502, Code of Ordinances (1995 Edition) changing the speed zone on a portion of FM 3406 from the west frontage road of IH-35 to CR 175 (Sam Bass Road). (Second Reading) , MARCH. 26,2002 71 *8.A.4. Consider an ordinance amending Chapter 9, Section 9.503, Code of Ordinances (1995 Edition) designating a portion of FM 3406 as a school speed zone with flashing beacons for Old Town Elementary School. (Second Reading) *9.C.1. Consider a resolution authorizing a property tax refund to Old Settlers Association. *9.C.2. Consider a resolution authorizing a property tax refund to Dupont Photomasks, Inc. • *9.C.3. Consider a resolution authorizing a property tax refund to Jeffrey& Sherry Wood. *9.E.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Buford Randall Jean and wife, Jeanette A. Jean for right-of-way for the CR 122 project. *9.E.2. Consider a resolution authorizing the Mayor to execute settlement documents regarding a condemnation case against Dale Werner and Nationshome Corporation for rihg t-of- way for A.W. Grimes Boulevard. *9.E.3. Consider a resolution authorizing the Mayor to execute settlement documents regarding a condemnation case against Lloyd Howard Harrison, Jr. and Nationshome Corporation for right-of-way for A. W. Grimes Boulevard. *9.E.4. Consider a resolution authorizing the Mayor to execute a Real Estate Contract • with Hagob Ardash Harutunian for right-of-way for the CR 122 project. MOTION: Mayor Pro-tem Nielson moved to approve all the items on the consent agenda. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. APPROVAL OF COUNCIL MEETING MINUTES: *7.A. Consider approval of the minutes of the Regular Session of February 14, 2002. • This item was approved under the consent agenda. ORDINANCES: *8.A.1. Consider an ordinance designating the intersection of Round Rock West Drive and Lake Creek Drive as an all-way stop intersection. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. 7z MARCH 26, 2002 AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF ROUND ROCK WEST DRIVE AND LAKE CREEK DRIVE AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.A.2. Consider an ordinance designating the,intersection of Plantation Drive and Falkirk Drive as an all-way stop intersection. (Second Reading)This item was approved under the consent agenda. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF PLANTATION DRIVE AND FALKIRK DRIVE AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.A.3. Consider an ordinance amending Chapter 9, Section 9.502, Code of Ordinances (1995 Edition) changing the speed zone on a portion of FM 3406 from the west frontage road of IH-35 to CR 175 (Sam Bass Road). (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION. 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF FM 3406; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING • CONFLICTING ORDINANCES OR RESOLUTIONS. *8.A.4. Consider an ordinance amending Chapter 9, Section 9.503, Code of Ordinances (1995 Edition) designating a portion of FM 3406 as a school speed zone with flashing beacons for Old Town Elementary School. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS DESIGNATING A PORTION OF FM 3406 AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 8.A.5. Consider an ordinance amending Chapter 10, Section 10.800 of the Round Rock Code of Ordinances to revise the Drought Management Contingency Plan. (First Reading) Jim is Nuse, Director of Public Works made the staff presentation. The TNRCC requires that community water systems providing water service to 3,300 or more connections submit a Drought Contingency Plan to the Executive Director of the TNRCC. Updates or revisions to the Plan must also be submitted within 90 days of adoption. This Plan has been updated, and complies with TNRCC requirements and Section 10.800 of the City's ordinances pertaining to emergency and peak day water use management. This Plan will help in long-term conservation of 71 a 73 MARCH 26, 2002 the City's water resource and will formalize what the City has already been doing. Mr. Nuse explained the following points of the Plan. • Stage I—Voluntary Water Use Management • Stage II—Mandatory Water Use Management • Stage III—Emergency Water Use Management • Powers of the Director of Public Works • Notice Requirements • ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING SECTION 10.800 PERTAINING TO THE EMERGENCY AND PEAK DAY WATER USE MANAGEMENT PLAN; ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS OF ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING OF VARIANCES; PROVIDING FOR THE REPEALING OF CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. MOTION: Councilmember Palmer moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Palmer • Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. RESOLUTIONS: 9.A.1. Consider a resolution encouraging the United States Postal Service to move the Post Office located on Sam Bass Road. This item was withdrawn from the agenda due to Councilmember McGraw's absence and will be addressed at the April 11, 2002 Council meeting. 9.13.1. Consider a resolution authorizing the Mayor to execute a Memorandum of Agreement approving the 03 Flex Agreement for the Austin/San Marcos Metropolitan Statistical • Area. Michael Thane, Engineer made the staff presentation. The EPA issued 03 Flex Guidelines on June 21, 2001. The 03 Flex Plan is a voluntary local approach to encourage emission reductions that will keep an area in attainment of the 1-hour ozone standard,while also working toward the health benefits envisioned under the 8-hour ozone standard. The specific objectives of the 03 Flex Plan are to: • Provide long-term maintenance of the 1-hour ozone standard • Provide health benefits envisioned under the 8-hour ozone standard 74 MARCH 26,2002 The signatories and participants of the 03 Flex Plan commit to: • Implement, to the extent practicable, emission reduction measures for the 2002-ozone season and no later than the 2003-ozone season. These measures will reflect the circumstances and resources of the individual signatory entities and other participants. • Continue to conduct air quality monitoring and air dispersion or photochemical modeling. • Evaluate additional emission reduction measures based on updated photochemical modeling and technical analysis programs. • Develop and update regularly the area's emissions inventories. • • Implement effective contingency measures if violations of the 1-hour ozone standard occur. RESOLUTION NO. WHEREAS, the City of Round Rock("City") is committed to the adoption of effective, practical and measurable air quality emission improvement strategies for the purpose of reducing ground-level ozone concentrations and attaining cleaner,healthier air for the benefit of the citizens of Round Rock and the State of Texas; and WHEREAS, the City, along with other Central Texas communities and local government entities, is committed to developing and implementing effective and sustainable programs that will significantly improve air quality and will assure that the region will stays in attainment of the 1-hour ozone standard established by the Environmental Protection Agency; and WHEREAS, the City desires to enter into a Memorandum of Agreement with participating Central Texas communities and local governments to develop and implement programs to improve air quality,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 Agreement approving the 03 Flex Agreement to outline emission reduction measures to improve air quality in the Austin/San Marcos Metropolitan Statistical Area, a copy • of said Memorandum of Agreement being attached hereto as Exhibit"A" 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. RESOLVED this 26th day of March, 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt • Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 75 MARCH 26, 2002 *9.C.1. Consider a resolution authorizing a property tax refund to Old Settlers Association. This item was approved under the consent agenda. The amount of the refund is $1,938.95. 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, Old Settlers Association has made an overpayment or erroneous payment of 2000 taxes in the amount of$1,938.95; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayer. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$1,938.95. 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 26th day of March, 2002. *9.C.2. Consider a resolution authorizing a property tax refund to Dupont Photomasks, • Inc. This item was approved under the consent agenda. The amount of the refund is $1,205.07. 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, DuPont Photomasks, Inc. has made an overpayment or erroneous payment of 2001 taxes in the amount of$1,205.07; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayer. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$1,205.07. 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 26th day of March, 2002. *9.C.3. Consider a resolution authorizing a property tax refund to Jeffrey& Sherry Wood. This item was approved under the consent agenda. The amount of the refund is $785.52. 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 76 MARCH 26, 2002 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 taxpayers, Jeffrey & Sherry Wood have made an overpayment or erroneous payment of 2000 taxes in the amount of$785.52; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$785.52. • 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 26th day of March, 2002. 9.D.1 Consider a resolution to increase the family income limits in the City of Round Rock Home Ownership Assistance Program(HOAP) application packet. Mona Ryan, Community Development Coordinator gave an overview of the HOAP application packet. The family income limits for federally funded programs are updated annually. The application packet for the Home Ownership Assistance Program must include the current income limits. The income limits have increased approximately$2,000 at each level, which will result in more families being able to qualify for the down payment assistance program. RESOLUTION NO. • WHEREAS, the City of Round Rock Home Ownership Assistance Program (HOAP) is funded by Community Development Block Grant funds, and provides qualified, first time homebuyers with non-interest bearing loans for down payment and/or closing costs, and WHEREAS, the City Council wishes to accept and approve the eligibility guidelines established by the Department of Housing and Urban Development, specifically the family income limits and Section 8 fair market rates established on January 31, 2002, and as they may hereafter be amended, in the implementation and operation of the HOAR Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby agrees and approves the adoption of HUD eligibility guidelines established by the Department of Housing and Urban Development, specifically the family income limits and Section 8 fair market rates established on January 31, 2002, and as they may hereafter be amended by HUD, in the implementation and operation of 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. • RESOLVED this 26th day of March, 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Palmer seconded the motion. 77 MARCH 26,2002 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember McGraw • ACTION: The motion carried unanimously. 9.D.2. Consider a resolution to increase the family income limits in the City of Round Rock Microenterprise Assistance Program application packet. Mona Ryan, Community Development Coordinator gave an overview of the Round Rock Micro Enterprise Assistance Program application packet. The family income limits for federally funded programs are updated annually. The application packet for the Micro Enterprise Assistance Program must include the current income limits. The income limits have increased approximately$2,000 at each level, which will result in more families being able to qualify for the Micro Enterprise assistance program. RESOLUTION NO. WHEREAS, the City of Round Rock Microenterprise Assistance Program (Program) is • funded by Community Development Block Grant funds, and provides entrepreneurial assistance to low to moderate income owners of start-up or existing businesses, and WHEREAS, the City Council wishes to accept and approve the eligibility guidelines established by the Department of Housing and Urban Development, specifically the family income limits and Section 8 fair market rates established on January 31, 2002, and as they may hereafter be amended by HUD, in the implementation and operation of the Round Rock Microenterprise Assistance Program.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 established by the Department of Housing and Urban Development, specifically the family income limits and Section 8 fair market rates established on January 31, 2002, and as they may hereafter be amended or revised, in the implementation and operation of the Round Rock Microenterprise 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. RESOLVED this 26th day of March, 2002. ROBERT A. STLUKA, JR., Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson 78 MARCH 26, 2002 Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 9.D.3. Consider a resolution recognizing participants who hell) insure the quality effectiveness of the Community Development Block Grant program locally and nationally. Mona Ryan, Community Development Coordinator explained the importance of this program. The CDBG program has received a decrease in funding. Advocates for domestic programs must be part of the equation of how best to address our nation's economic and social problems. Programs like the CDBG program will continue to have a significant impact on the stability of local governments. It is very important for cities to show support of the CDBG program to national leaders. RESOLUTION NO. WHEREAS, the week of April I - April 7, 2002 has been designated as National Community Development Week, and the City of Round Rock is a participant in the Community Development Block Grant (CDBG) Program which funds a myriad of social service, economic • development, and housing programs in the City of Round Rock, and WHEREAS, in the City of Round Rock and in communities throughout the nation, twenty-fours years of Community Development.Block Grant program funding has developed a strong network of relationships between this local government, residents and.the many non-profit agencies that provide services and help make possible our commitment to those neighborhoods, and WHEREAS, the City of Round Rock recognizes that the Community Development Block Grant program is a partnership of Federal, state, and local government, business, non-profit and community efforts, and that the services funded by the Federal CDBG program, administered by the local government and often delivered by local non-profit organizations, relies heavily on the dedication of and good will of our combined efforts,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That during National Community Development Week 2002, the City of Round Rock will give special thanks and recognition to all participants whose hard work and devotion to the neighborhood and their low- and moderate-income residents help insure the quality and effectiveness of the Community Development Block Grant program, and BE IT FURTHER RESOLVED That the City of Round Rock, along with the service providers and others whose names are appended to this resolution, hereby petition the U.S. Congress and Administration to recognize the outstanding work being done locally and nationally by the Community • Development Block Grant program, and of its vital importance to the City of Round Rock and to the people who live in its lower income neighborhoods, and BE IT FURTHER RESOLVED That copies of this resolution be conveyed to the appropriate elected and appointed officials of the Federal government and that the City of Round Rock's name, and the names of its non-profit service providers, be added to the roll of those committed to the preservation and full funding of the Community Development Block Grant program and maintenance of its essential features over the course of the next session of Congress. 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 79 MARCH 26, 2002 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 26th day of March, 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 9.E.1. Consider a resolution authorizing the Ma or to execute a Real Estate Contract with Buford Randall Jean and wife, Jeanette A. Jean for right-of-way for the CR 122 project. This item was approved under the consent agenda. The cost is $10,000. • RESOLUTION NO. WHEREAS, the City desires to purchase a 0.126 acre tract of land for additional right-of- way for the CR 122 Project, and WHEREAS, Buford Randall Jean and wife, Jeanette A. Jean, the owners of the property, have agreed to sell said property to the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Buford Randall Jean and wife, Jeanette A. Jean, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A"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. RESOLVED this 26th day of March, 2002. *9.E.2. Consider a resolution authorizing the Mayor to execute settlement documents • regarding a condemnation case against Dale Werner and Nationshome Corporation for rig—ht-of- way ihg t-of- way for A.W. Grimes Boulevard. This item was approved under the consent agenda. The cost is $32,211.75. RESOLUTION NO. WHEREAS, the City Council,upon consideration of the matter,has determined that there exists a public necessity for the welfare of the City of Round Rock and the public-at-large to construct and maintain State Highway 45 and A.W. Grimes Boulevard, and to perform associated public purposes ("Project"); and 80 MARCH 26, 2002 WHEREAS, the City of Round Rock, has a need to acquire approximately 0.17 acres of land in Williamson County, Texas, in fee simple to enable the City to complete the Project; and WHEREAS, a suit to condemn this property is currently pending in County Court at Law Number 3 in and for Williamson County, Texas under cause number 01-0932-CC3 and styled the City of Round Rock v. Dale Werner and Nationshome Corporation; and WHEREAS, since the institution of this action in the County Court, the Defendants in the case have expressed a willingness to settle the condemnation proceedings for the amount of $32,211.75; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That it is necessary for the welfare of the City and its citizens and is in the public interest • to construct and maintain State Highway 45 and A.W. Grimes Boulevard, and to perform associated public purposes and to acquire fee simple title in and to the above described land, in order to allow the City and/or its assigns to complete said Project; and That the proposed settlement amount of$32,211.75 is a fair and equitable amount for the settlement of the condemnation case filed under cause number 01-0932-CC3 and styled the City of Round Rock v. Dale Werner and Nationshome Corporation; and That the Mayor and/or the city attorney shall be authorized to execute, on behalf of the City of Round Rock the necessary documents to effectuate the settlement of this condemnation case for this amount. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance 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 26th day of March, 2002. *9.E.3. Consider a resolution authorizing the Mayor to execute settlement documents regarding a condemnation case against Lloyd Howard Harrison, Jr. and Nationshome Corporation for right-of-way for A. W. Grimes Boulevard. This item was approved under the • consent agenda. The cost is 32,211.75. RESOLUTION NO. WHEREAS, the City Council, upon consideration of the matter, has determined that there exists a public necessity for the welfare of the City of Round Rock and the public-at-large to construct and maintain State Highway 45 and A.W. Grimes Boulevard, and to perform associated public purposes ("Project"); and WHEREAS, the City of Round Rock, has a need to acquire approximately 0.17 acres of land in Williamson County, Texas, in fee simple to enable the City to complete the Project; and WHEREAS, a suit to condemn this property is currently pending in County Court at Law Number 3 in and for Williamson County, Texas under cause number 01-0933-CC1 and styled the City of Round Rock v. Lloyd Howard Harrison, Jr. and Nationshome Corporation; and WHEREAS, since the institution of this action in the County Court, the Defendants in the case have expressed a willingness to settle the condemnation proceedings for the amount of $32,211.75; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That it is necessary for the welfare of the City and its citizens and is in the public interest to construct and maintain State Highway 45 and A.W. Grimes Boulevard, and to perform • associated public purposes and to acquire fee simple title in and to the above described land, in order to allow the City and/or its assigns to complete said Project; and That the proposed settlement amount of$32,211.75 is a fair and equitable amount for the settlement of the condemnation case filed under cause number 01-0933-CC1 and styled the City of Round Rock v. Llovd Howard Harrison, Jr. and Nationshome Corporation; and That the Mayor and/or the city attorney shall be authorized to execute, on behalf of the City of Round Rock the necessary documents to effectuate the settlement of this condemnation case for this amount. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted-was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the 81 MARCH 26, 2002 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 26th day of March, 2002. *9.E.4. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Hagob Ardash Harutunian for right-of-way for the CR 122 project. This item was approved under the consent agenda. The cost is $15,000. • RESOLUTION NO. WHEREAS, the City desires to purchase a 0.115 acre tract of land for additional right-of- way for the CR 122 Project, and WHEREAS, Hagob Ardash Harutunian the owner of the property, has agreed to sell said property to the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Hagob Ardash Harutunian, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" 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. RESOLVED this 26th day of March 2002. COUNCIL COMMENTS: Mayor Stluka recognized Boy Scout Troop 365 who were at • the meeting working on their citizenship in the community badge. Mayor Stluka announced that TxDOT would be conducting a public hearing on April 18`x' at the Round Rock High School at 6:00 p.m. concerning the proposed improvements to RR620 at Chisholm Trail. ADJOURNMENT: There being no further business, the meeting adjourned at 7:31 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary • 82 APRIL 11, 2002 The Round Rock City Council met in Work Session and Regular Session on Thursday, April 11, 2002 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 Robert A. Stluka, Jr.,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City • Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 051.072 Government Code,related to the purchase of real property located at 2015 Lamar Street. .The Council entered into Executive Session at 6:05 p.m. and adjourned back into work session at 6:19 p.m. ACTION RELATIVE TO EXECUTIVE SESSION: 4.A. Consider discussion and/or action'concerning the purchase of real property located at 2015 Lamar Street. MOTION: Councilmember Pitt moved that the City Attorney proceed with the negotiations of the contract as discussed in Executive Session. Councilmember Palmer • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. PRESENTATIONS: 5.A.1. Consider a presentation regarding the proposed issuance of General Obligation Bonds, Series 2002 and General Obligation Refunding Bonds, Series 2002. David Kautz,Finance Director made the staff presentation. He summarized the process for identifying projects to be included in the first bond issuance out of an$89.8 million • authorization approved by voters November 6, 2001. The bond issuance is for$35 million and will be repaid from property taxes. Approximately$10.8 million in General Obligation Refunding Bonds will be issued in combination with the above mentioned borrowing to take advantage of the current low interest rate environment and achieve a present value savings in current debt service. The Refunding bonds will also enable a restructuring in existing debt service for the next three years to moderate the impact of debt service from the new bonds. By V APRIL 11,2002 issuing the bonds in combination, issuance cost savings is also realized. Issuance of the bonds will provide funding for projects approved by voters, i.e. The Senior Center, Fire Station No. 6 engines, replacing Fire Station No. 2,residential street improvements, Park facility improvements, etc. Infrastructure and amenity improvements are included in this financing. Based upon preliminary taxable property values a 2-'/z cent tax increase will be required to • service the new debt. This figure is an estimate and is subject to change. Mr. Kautz outlined the following information concerning the bonds: Authorized total This issuance Issuance No. 2 Issuance No. 3 (2004) (2006) Parks &Rec. $17,300,000 $6,125,00.0 $4,133,220 $7,040,110 Public Safety $12,200,000 $6,730,000 $5,045,000 $425,000 Public Service $18,800,000 $5,800,000 $2,109,750 $10,887,800 Public Works $41,500,000 $16,345,000 $18,535,466 $6,623,233 TOTAL $89,800,000 $35,000,000 $29,823,856 $24,976,143 5.A.2. Consider a presentation of the Comprehensive Annual Financial Report for the year ended September 30, 2001. David Kautz, Finance Director made the staff presentation. The Comprehensive Annual Financial Report was prepared by the City's Finance Department with the assistance of external auditors,Pena, Swayze and Co. The report is a complete presentation • of the City's financial performance for the fiscal year ended September 30, 2001, and is presented in conformity with generally accepted accounting principals. The report has also been audited in accordance with generally accepted auditing standards. The report provides a clear and thorough view of the City's finances. It exhibits the City's strong financial position. The financial statements, supporting schedules, statistical tables and narrative explanations in the Report help to assure that all fiscal data are presented that are needed by the many persons and groups with an interest in the financial affairs of the City. These groups include the Council and other Boards and Commissions, investors, creditors, grant providers, taxpayers and ratepayers. Mike Swayze of Pena, Swayze and Co. outlined the Comprehensive Annual Financial Report. He noted that the report is the highest level of opinion that can be given. 5.B.1. Consider a presentation regarding an update on the selection process for • professional services for the General Obligation Bond Projects. Chris Bratton and Rick Atkins from the Core Team made the staff presentation. The format for the General Obligations Bond Program was chosen to create a fair and impartial way to select qualified firms for the City Bond Projects. In addition, the intent was to bring a similarity to the selection process and strengthen the communication between Departments. The Core Team is made up of members from the following Departments: Administration,Public Works, Police, Parks &Recreation,Finance and 84 APRIL 11, 2002 Planning. Request for Qualifications were selectively sent out electronically for Civil Projects and Building Projects. Sixty-eight(68)responses were received on the Civil Projects and twenty- four(24)responses were received for the Building Projects. Mr. Bratton and Mr. Atkins gave the following outline of the selection process. Core Team Process • Development Phase • • Negotiation Phase • Documentation/Implementation Phase Development Phase- Core Team Responsibilities • Establish process for screening RFQ's • Create screening instrument for RFQ's • Review and approve screening instrument • Approve list of recommended firms • Approve final recommended firm+two alternates • Present to Council for authorization top roceed Ownership Team Responsibilities The Core Team established the ownership teams for all GO Bond Projects. A representative of the Core Team was assigned to act as a facilitator for each Bond Project. GO Bond Projects • Arterial Streets • • Traffic Signals • Minor Streets • Drainage • Sidewalks/Trails • Buildings • PARD Continuation of Ownership Team Responsibilities • Provide specific technical reviews for the Core Team's approval • Screen RFQ's and recommend eight firms for interview for Core Team approval • Conduct interviews, recommend one firm + two alternates for each project for Core Team approval • The Core Team will then present those firms to Council for approval Negotiation Phase • This process will be handled by the Negotiation Team. During this process, the team will negotiate and finalize any contractual recommendations for presentation to the Council. • Documentation/Implementation Phase • Prepare construction documentation with any necessary changes and begin construction. In addition, Jim Nuse reported that two alternatives were received that staff can be comfortable with once the funds are available. The remaining work session items will be addressed under item 11.A. 85 APRIL 11, 2002 CALL REGULAR SESSION TO ORDER—7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City • Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Police Officer Jeff Uhrig, invited the Council to the Spring Fling at Old Town Elementary. Mark Kupec D.D.S., 1104 Stratford Cove;:expressed his concern regarding the Texas Turnpike Authority's plans for modifications to the IH 35/SH 45 interchange. He said that his and other businesses would be affected in a detrimental way because the direct connector will virtually eliminate access from IH 35 North to all of the businesses surrounding the entire intersection. Carlos Salinas and Jaime Alaniz of the El Amistad Club invited the Council to this year's annual Fiesta, which will be May 25-261H • PROCLAMATIONS: 10.A. Consider a proclamation proclaiming April 2002 Child Abuse Prevention Month in the City of Round Rock. Mayor Stluka read the appropriate proclamation and presented it to Dianne Howell. 10.B. Consider a proclamation proclaiming April 14-Apri120, 2002 as Telecommunicator's Week. Mayor Stluka read the appropriate proclamation and presented it to Police Chief Conner. PRESENTATIONS: 1 LA. Continuation of presentations not addressed during the Work Session. 5.B.2. Consider a presentation concerning the acquisition of property for the expansion of the water treatment plant and the extension of the Texas Crushed Stone Industrial District. • Jim Nuse, Public Works Director made the staff presentation. The current water treatment plant site will be maximized with the upcoming expansion. An additional 22 acres, along with waterline easements are required to accommodate future needs. Texas Crushed Stone is located within Round Rock's ETJ. Texas Crushed Stone and the City of Round Rock currently have an Industrial District that expires in May. Texas Crushed Stone will donate this property in exchange for extension of the District for 15 years. If the City desires to purchase the property, $ 6. APRIL 11,2002 the asking price is $5.00 per square foot or$4,791,600. Staff recommended the extension of the District for 15 years. This item will be returned to the Council for consideration. 5.C.1. Consider a presentation concerning amendments to the 2000-2001 and the 2001- 2002 Community Development Action Plans. Mona Ryan, Community Development Coordinator made the staff presentation. She explained that two amendments are being proposed: 1) Emergency repairs to the Round Rock Senior Center, and 2)Phase II Improvements to the • Mesa Village Area Park. These activities can be completed in this fiscal year and are replacing activities that are no longer considered feasible at this time. Substantial amendments require a 30-day comment period prior to implementation. The cost will be$127,000 which includes the removal of dangerous mold in the walls and ceiling of the Senior Center, thus allowing a safe place for Senior Citizens to continue daily activities and programs; and provide for drainage improvements and an addition of new playground equipment so the residents in the Mesa Village area will have a playground facility that no longer stands in water due to drainage problems. A thirty-day comment period is required for this amendment. This comment period began on March 25, 2002 and will expire on April 24, 2002. Notice of the Comment Period was posted on the bulletin board at City Hall, the Senior Center, Parks &Recreation, and the Mesa Village • playground. 5.C.2. Consider a presentation reg the Capital Area Housing Finance Corporation 2002 Single Family Mortgage Revenue Bond Program to finance mortgages for homes located in Round Rock. Mona Ryan, Community Development Coordinator made the staff presentation. The bond money from the 1998 bond issuance was used by Round Rock and Williamson County residents to purchase single unit, owner occupied, detached residences; two, three, and four-unit dwellings, if one of the units is occupied by the owner, condominiums, and townhomes. $25,000,000 in Bonds will be issued by the Capital Area Housing Finance Corporation for first- time home buyers who earn too much to qualify for the CDBG Block Grant down payment assistance program will be able to use this program for assistance. This will be brought back to Council for consideration. • PUBLIC HEARINGS: 12.A.1. Consider public testimony regarding an application to adopt original zoning of District Planned Unit Development(PUD)No. 53 on 64.83 acres of land, more or less, out of the P.A. Holder Survey, A-297 in Williamson County, Texas, and rezone 37.25 acres of land, more or less, out of the P.A. Holder Survey,A-297 in Williamson County, Texas from District SF-2 (Single Family-Standard Lot) and District I-1 (General Industrial) to Planned Unit Development 87 APRIL 11, 2002 (PUD)No. 53. (Johnson Tract) Councilmember McGraw announced that he would not be participating in the discussion or vote on this item due to his business dealings with Mr. Johnson. Jim Stendebach, Assistant Planning Director outlined the proposed plan. At present, there are 64.83 acres outside the city limits and 37.25 acres are inside which will be re-zoned. The tract is located north of Highway 79 and west of FM 1460. The proposed land use will be • residential/commercial and would include the following: ■ 34 acres of commercial development fronting on US 79 ■ 32 acres of single-family lots adjacent to Mesa Ridge to the west ■ 28 acres of multi-family at a maximum density.of 20 units per acre fronting on a new collector street ■ 8 acres of greenbelt which will separate the single-family tract from the commercial and multi-family tracts. ■ This will include retail abutting the multi-family and commercial tracts that will connect from US 79 to the High School. ■ A collector street will connect Mesa Park Drive to FM 1460 ■ Access to US 79 and FM 1460 will be limited ■ Landscape, sign, and design regulations are included ■ Provides for dedication for US Highway 79 widening Mayor Stluka opened the public hearing. Steve Medcalf representative of HEB responded to drainage concerns that have been brought up. • Jim Nuse, Public Works Director outlined the history of the tract and it's drainage issues. Dan Garcia, 1513 Mills Meadow, resident of Mesa Ridge asked that language be included to add an easement to resolve the drainage problems in the area and also that the traffic flow regarding Bayland be addressed. John Gordon, 1007 Green Meadow, thanked the representatives of HEB for discussing their project and asking for input regarding their project. He asked for a buffering between the single-family homes and the development. He also commented on the drainage concern brought up by the adjacent residents to the proposed development. In conclusion, he said that a couple of entrances are needed into this development. Marianne Larson, 1303 Mills Meadow, expressed her concern of the drainage and asked that a 20-foot easement be included in the PUD to alleviate the drainage problem in Mesa Ridge. • There being no further testimony, the public hearing was closed. 12.A.2. Consider public testimony regarding the adoption of the revised Zoning Ordinance. Joe Vining, Planning Director made the staff presentation. This is the complete Zoning Ordinance revision,which contains new zoning districts and design standards to encourage better quality development, design and landscaping. Several new zoning districts are included to meet the existing and future needs of our citizens and the business community. The 8 APRIL 11, 2002 new districts include the following: Townhouse District'(TH), Office (OF), Business Park(BP), Public Facilities (PF), Senior (SR), and Mining(MI)—for existing operations only, and the Palm Valley Overlay District(PV). Mr. Vining added that the Planning and Zoning Commission recommended approval of this document with the knowledge that staff was negotiate concerns that surfaced. He outlined the major changes to the ordinance including the following additional items. • • Alternative design standards for the TH, MF, SR, C-2 and OF districts as proposed by local architects; • Modified transitional provisions; and • Expanded protected tree species list. Mayor Stluka opened the public hearing. Ray Gill, 3210 Sunrise,Bo Spencer, 1106 S. Mays, and John Moman, 1201 Johnson Way were present for Council questions. They expressed their support of the zoning ordinance and of staff considering their input as it is related to the design standards contained in the revised zoning ordinance. O'Barr Rost, 103 East Main, expressed his concern regarding the requirements of masonry and of the set backs in the C-1 zoning Tim Bargainer, 1401 Wood Rock, expressed his support of the landscape portion of the • new zoning ordinance. There being no further testimony, the public hearing was closed. The Council and staff discussed the concerns regarding metal buildings and their elimination and of the setback requirements. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items. *14.A. Consider approval of the minutes of the Regular Session of March 14, 2002. *15.A.1. Consider an ordinance amending Chapter 10, Section 10.800 of the Round Rock Code of Ordinances to revise the Drought Management Contingency Plan. (Second Readin • * 16.A.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the Texas State Library&Archives Commission for a Lone Star Libraries Grant. *16.B.1. Consider a resolution authorizing the settlement of the condemnation lawsuit styled Citv of Round Rock v. Robert Craig Nasso for property necessary for the Rubio Subdivision Street and Drainage Improvements Project. 89 APRIL 11, 2002 *16.C.1. Consider a resolution authorizing the Mavor to execute Change Order No. 6 with Ranger Excavating, Inc. for the Phase H development of Old Settlers Park at Palm Valley. *16.D.2. Consider a resolution authorizing the Mayor to execute Change Order No. 11 with RGM Constructors, L.P. for the A.W. Grimes,Phase I Construction Project. *161.1. Consider a resolution authorizing the closing of a portion of Woods Boulevard • and Chaparral Drive on April 12, 2002 for a bicycle parade to kick off the 2002 Spring Fling event. *16.F.2. Consider a resolution authorizing the closing of a portion of East Main Street, Lampasas Street, and Sheppard Street from May 24, 2002 through May 27, 2002 for the annual El Amistad Fiesta. *_16.G.4. Consider a resolution authorizing the Mayor to execute a letter of agreement with Jeff Montgomery and Associates, Inc. for a phone survey. MOTION: Councilmember Palmer moved to approve all the items on the consent agenda. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan • Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. APPROVAL OF COUNCIL MEETING MINUTES: *14.A. Consider approval of the minutes of the Regular Session of March 14, 2002. This item was approved under the consent agenda. ORDINANCES: *15.A.1. Consider an ordinance amending Chapter 10, Section 10.800 of the Round Rock Code of Ordinances to revise the Drought Management Contingency Plan. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING SECTION 10.800 PERTAINING TO THE EMERGENCY AND PEAK DAY WATER USE MANAGEMENT PLAN; ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS OF ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDUTES FOR GRANTIN OF VARIANCES' PROVIDING FOR THE REALING OF CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE' AND ESTABLISHING AN EFFECTIVE DATE. V U APRIL 11,2002 15.13.1. Consider an ordinance amending Chapter 9, Section 9.1813 of the Round Rock Code regarding the prohibition of parking on sidewalks. (First Reading)This item was withdrawn from the agenda at the request of staff. 15.C.1. Consider an ordinance providing for Texas Municipal Retirement System buy- back provisions for City Employees. (First Reading)Teresa Bledsoe,Human Resources Director made the staff presentation. This ordinance allows certain employees of the City who have • terminated previous memberships in the TMRS, to deposit the sums withdrawn, plus annual withdrawal charges, and allowing and undertaking the cost of allowing any such employee credit in the system for all service to which an employee had been entitled to at date of withdrawal. There were 50 employees eligible to buy-back service as of 1/1/02. The City's contribution rate will not be changed immediately upon adoption. It is only impacted as eligible employees buy- back his or her previously forfeited credit. Each year, after adoption of the Buy-Back provision, the City's contribution rate will reflect all actual buy-backs through the current valuation date. The last TMRS buy-back Ordinance was approved January 9 1990. The cost will be included Y pp on �Y in future contribution rates for the City. There was not an up front cost associated with this ordinance. • ORDINANCE NO. AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY, AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councihnember Gallahan • Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Palmer moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson APRIL 11,2002 Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 15.D.1. Consider an ordinance adopting the revised Zoning Ordinance. (First Reading) ORDINANCE NO. AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 11 OF THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING ZONING; AND ENACTING REVISED ZONING REGULATIONS AND DISTRICTS IN ACCORDANCE WITH THE CITY CHARTER AND THE GENERAL PLAN 2000; ESTABLISHING ZONING DISTRICTS; REGULATING WITHIN SUCH DISTRICTS, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, LOT COVERAGE, THE DENSITY AND DISTRIBUTION OF POPULATION; THE USES OF LAND, BUILDINGS AND STRUCTURES; AND FOR SAID PURPOSES, DIVIDING THE CITY OF ROUND ROCK, TEXAS INTO DISTRICTS; AND REGULATING THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR AND USE OF BUILDINGS, STRUCTURES, OR LAND WITHIN SUCH DISTRICTS; AND PROVIDING UNIFORM REGULATIONS FOR THE SEVERAL CLASSES AND KINDS OF BUILDINGS OR STRUCTURES AND USES WITHIN THE DISTRICTS; ADOPTING A ZONING MAP DISCLOSING THE SEVERAL USE DISTRICTS, AND THE RESTRICTIONS AND LIMITATIONS AND PROVISIONS APPLICABLE TO SUCH DISTRICTS; AND PROVIDING FOR A BOARD OF ADJUSTMENT AND DEFINING THE POWERS OF SAME; AND PROVIDING CERTAIN • PENALTIES AND REMEDIES; PROVIDING FOR A SAVINGS CLAUSE AND PENALTY CLAUSE; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. IST MOTION: Mayor Pro-tem Nielson moved to adopt the revised Zoning Ordinance for discussion purposes. Councilmember McGraw seconded the motion. The Council discussed various portions of the ordinance. During the discussion Council's questions were answered and specific points were clarified. The Council noted that they wish to make several amendments to the document presented to them. The amendments were voted on separately. 2ND MOTION: Councilmember McGraw moved to amend the zoning ordinance document by adding the changes to design standards as outlined in the memo provided by staff dated April 5, 2002 to pages 75, 85 and 121 under(c). Councilmember Pitt seconded the • motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 9 APRIL 11, 2002 3RD MOTION: Councilmember McGraw moved to amend the zoning ordinance document by adding the changes to roofing standards in C-2 and OF Districts as outlined in the memo provided by staff dated April 5, 2002. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 4TH MOTION: Councilmember McGraw moved to direct staff to provide specific language to merge with the design standards regarding the allowance of metal buildings with certain amount of masonry in the LI District. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • 5TH MOTION: Councilmember Pitt moved to amend the zoning ordinance document by requiring 100%masonry on all sides of the exterior wall in the LI District that face a public thoroughfare and other sides that don't face the street a lower percent of masonry. Mayor Pro- tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 1 ST MOTION AMENDMENT: Mayor Pro-tem Nielson amended his first motion and moved to adopt the first reading of the ordinance as amended by the previous motions. • Councilmember McGraw approved the amendment and seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 93 APRIL 11, 2002 Staff will bring back the second reading of the ordinance with the Council's amendments for their consideration. 15.D.2. Consider an ordinance annexing 64.83 acres of land,more or less, out of the P.A. Holder Survey, A-297 in Williamson County, Texas. (Johnson Tract) (First Reading) Councilmember McGraw announced that he would not be participating in the discussion • or vote concerning this item due to a conflict of interest. Joe Vining, Planning Director made the staff presentation. The purpose of this annexation is to establish city services for this development. It will increase the availability of commercial, single-family and multi-family development and ad valorem and sales tax base. The Council discussed the drainage issues concerning this tract of land. They asked staff to meet with the developer to determine a solution that would benefit both the City and the developer and that would address the concerns of staff and the residents. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 64.83 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 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: Mayor Pro-tem Nielson moved to only adopt the first reading of the ordinance until the drainage issues have been resolved. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Abstain: Councilmember McGraw • ACTION: The motion carried unanimously. 15.D.3. Consider an ordinance adopting original zoning District Planned Unit Development(PUD)No. 53 on 64.83 acres of land, more or less, out of the P.A. Holder Survey, A-297 in Williamson County, Texas, and rezone 37.25 acres of land, more or less, out of the P.A. Holder Survey, A-297 in Williamson County, Texas from District SF-2 (Single Family- Standard Lot) and District I-1 (General Industrial) to Planned Unit Development(PUD)No. 53. 94 APRIL 11, 2002 (Johnson Tract) (First Reading) This item was withdrawn from the agenda and not addressed due to the annexation of this tract not being finalized. RESOLUTIONS: *16.A.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the Texas State Library&Archives Commission for a Lone Star Libraries Grant. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Texas State Library & Archives Commission has grant funds available through the Loan Star Libraries Grant, and WHEREAS, the City Council wishes to make application for the available grant funds for improvements to the library system,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to make the necessary application for the above-described grant. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of April, 2002. *16.B.1. Consider a resolution authorizing the settlement of the condemnation lawsuit styled City of Round Rock v. Robert Craig Nasso for property necessary for the Rubio • Subdivision Street and Drainage Improvements Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City Council, upon.consideration of the matter, has determined that there exists a public necessity for the welfare of the City of Round Rock and the public-at-large to construct the Rubio Subdivision Street & Drainage Improvements Project, and to perform associated public purposes ("Project"); and WHEREAS, the City of Round Rock, has a need to acquire approximately 0.16 acres of land in Williamson County, Texas, in fee simple to enable the City to complete the Project; and WHEREAS, a suit to condemn this property is currently pending in the 277th District Court in and for Williamson County, Texas under cause number 99-542-C277 and styled the City of Round Rock v. Robert Craig Nasso; and WHEREAS, since the institution of this action in the County Court, the Defendants in the case have expressed a willingness to settle the condemnation proceedings for the amount of $45,000.00; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That it is necessary for the welfare of the City and its citizens and is in the public interest to construct the Rubio Subdivision Street & Drainage Improvements Project, and to perform • associated public purposes and to acquire fee simple title in and to the above described land, in order to allow the City and/or its assigns to complete said Project; and That the proposed settlement amount of$45,000.00 is a fair and equitable amount for the settlement of the condemnation case filed under cause number 99-542-C277 and styled the City of Round Rock v. Robert Craig Nasso; and That the Mayor and/or the city attorney shall be authorized to execute, on behalf of the City of Round Rock the necessary documents to effectuate the settlement of this condemnation case for this amount. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and APRIL 11,2002 95 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 11th day of April, 2002. *16.C.1. Consider authorizing the Mavor to execute Change Order No. 6 with Ranger Excavating, Inc. for the Phase II development of Old Settlers Park at Palm Valley. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Ranger Excavating, Inc. for the Phase II development of Old Settlers Park at Palm Valley, and WHEREAS, the Council has determined that it is necessary to make changes to the plans or specifications of the Contract due to unforeseen circumstances, 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 Ranger Excavating, Inc. for the Phase II development of Old Settlers Park at Palm Valley, a copy of said change order being attached hereto as Exhibit"A" 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. RESOLVED this 11th day of April, 2002. • 16.C.2. Consider authorizing the Mayor to execute a Special Warranty Deed to Williamson County for the widening of County Road 175. Sharon Prete, Parks and Recreation Director made the staff presentation. The City purchased the Mayfield property, commonly referred to as the 245 tract in 2000 designating this tract for a future park development. This property is located in the southeast corner of the intersection of Co. Rd 175 and FM 3406 and is in the area considered by Williamson County, as part of the corridor leading to the soon to be open County Regional Park. The County's plan calls for widening Sam Bass Road, providing a turning lane into the park and landscaping the corridor leading to the soon to be open County Regional Park. The County is asking the City to donate 1.532 acres to complete these improvements. RESOLUTION NO. • WHEREAS, the City of Round Rock wishes to convey 1.532 acres of land to Williamson County for the widening of County Road 175, and WHEREAS, the City of Round Rock wishes to execute a Special Warranty Deed conveying said property to 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 on behalf of the City a Special Warranty Deed with Williamson County for the widening of County Road 175, a copy of said Special Warranty Deed being attached hereto as Exhibit "A" 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 :9s APRIL 11,2002 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 11th day of April, 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 16.D.1. Consider a resolution determining that "Construction Manager-At-Risk" is the delivery method which provides the best value for the City for the construction of a Senior Community Center. Jim Nuse, Public Works Director made the staff presentation. Effective September 1, 2001, Texas Local Government Code Section 271.113 allows cities to use certain • methods other than competitive bidding in entering into contracts for construction of facilities. One such method is "Construction Manager-At-Risk". Section 271.114(a) mandates that the "governing body of a governmental entity that is considering a construction contract using a method specified by Section 271.113(a) other than competitive bidding must, before advertising, determine which method provides the best value for the government entity." Councilmember Pitt asked staff to be aware of any stipulations from the contractor concerning mold. RESOLUTION NO. WHEREAS, Texas Local Government Code, Section 271.113(a) allows governmental entities to use certain methods other than competitive bidding in entering into contracts for construction of facilities, and WHEREAS, the City of Round Rock is considering using an alternative method other than competitive bidding in entering into a construction contract for a Senior Community Center • to be built in conjunction with the Masterplan City Campus and District, and WHEREAS, the statute requires that a project-by-project determination be made as to what method provides the best value for the governmental entity in relation to a particular project, and WHEREAS, the Council has determined that this project would be best served by utilizing the"Construction Manager-At-Risk"method, and WHEREAS, Texas Local Government Code, Section 271.114(a) mandates a time requirement that the "governing body of a governmental entity that is considering a construction contract using a method specified by Section 271.113(a) other than competitive bidding must, before advertising, determine which method provides the best value for the governmental entity," and 97 APRIL 11, 2002 WHEREAS, the City Council desires to comply with all requirements of the statute,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, In accordance with Texas Local Government Code §271.114(a), the Council has determined that "Construction Manager-At-Risk" is the delivery method which provides the best value for the City for construction of the referenced Senior Community 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. RESOLVED this 11th day of April, 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None • ACTION: The motion carried unanimously. *16.D.2. Consider a resolution authorizing the Mayor to execute Change Order#11 with RGM Constructors, L.P. for the A. W. Grimes, Phase I Construction Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with RGM Constructors, L.P. for the A.W. Grimes,Phase I Construction Project, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 11,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. 11 to the Contract with RGM Constructors, L.P. for the A.W. Grimes, Phase I Construction Project, a copy of said change order being attached hereto as Exhibit"A" 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. RESOLVED this 11th day of April, 2002. 16.E.1. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation to enter into a State Infrastructure Bank Loan Agreement with the State of Texas for the SH 45 project. David Kautz, Finance Director made the staff 9 APRIL 11, 2002 presentation. The Round Rock Transportation System Development Corporation has made an application to the State Infrastructure Bank(SIB) for a loan not to exceed$15 million for the SH 45 project. The loan provides funding for$10 million of new project right of way and $5 million related to increased right of way costs and utility relocations for the SH 45 north frontage roads. This loan is in addition to a previous loan from the SIB in the amount of$16 million for the SH 45 north frontage roads project. The terms of the loan are as follows: • • 4.5%per annum to maturity • 20 year amortization with equal annual principal and interest payments • No debt service reserve requirement • Subordinate lien position • No additional bonds test TxDOT is scheduled to consider approval of the loan transaction at its regular meeting on April 25, 2002. The loan will be repaid from a'/z % sales tax dedicated to transportation improvements. Williamson County is also a financial participant in this project. The timely acquisition of right of way will enable construction of SH 45 in Round Rock and provide significant traffic improvements. RESOLUTION NO. WHEREAS, the Board of Directors of the Round Rock Transportation System • Development Corporation ("RRTSDC") wishes to enter into a State Infrastructure Bank Loan Agreement with the State of Texas for the SH 45 Project, and WHEREAS, the City Council wishes to approve of such action,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves the action of the Round Rock Transportation System Development Corporation in entering into a State Infrastructure Bank Loan Agreement with the State of Texas to borrow up to $15,000,000 for the SH 45 Project. The Cit Council hereby finds and declares that written notice of the date, hour, lace Y Y p 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 11th day of April, 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 99 APRIL 11,2002 16.E.2. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in executing an Interlocal Agreement with Williamson County regarding funding participation in the SH 45 project. Steve Sheets, City Attorney made the staff presentation. Contingent upon the Corporation receiving a loan of$10,000,000 from the State Infrastructure Bank for SH 45 right of way and utility relocations, the Corporation will transfer • the loan proceeds via this agreement to Williamson County. The County will use the transferred funds to acquire right of way and utility relocations for SH 45 in Round Rock. This will enable progress on the SH 45 project. RESOLUTION NO. WHEREAS, the Board of Directors of the Round Rock Transportation System Development Corporation ("RRTSDC") wishes to enter into an Interlocal Agreement with Williamson County regarding funding for SH 45, and WHEREAS,the City Council wishes to approve of such action,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves the action of the Round Rock Transportation System Development Corporation in entering into an Agreement Between Williamson County and the Round Rock Transportation System Development Corporation Regarding Funding for SH 45. 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 11th day of April, 2002. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None • ACTION: The motion carried unanimously. *16.F.1. Consider a resolution authorizing the closing of a portion of Woods Boulevard and Chaparral Drive on April 12, 2002 for a bicycle parade to kick off the 2002 Spring Fling event. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Round Rock Police Department, Old Town Elementary School, and Cactus Ranch Elementary School have requested that Woods Boulevard from its southern intersection with Cedar Bend Drive to Chaparral Drive, and Chaparral Drive to Old Town .1 :0 0 APRIL 11, 2002 Elementary School be closed from 3:45 o'clock p.m. until 4:00 o'clock p.m. on April 12, 2002, for a bicycle parade to kick off the 2002 Spring Fling event, 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 Woods Boulevard and Chaparral Drive 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. • RESOLVED this 11th day of April, 2002. *16.F.2. Consider a resolution authorizing the closing of a portion of East Main Street, Lampasas Street, and Sheppard Street from May 24, 2002, through May 27, 2002, for the annual El Amistad Fiesta. This item was approved under the consent agenda RESOLUTION NO. WHEREAS, El Amistad has requested that East Main Street from Mays Street to Sheppard Street, Lampasas Street from Bagdad Avenue to the alley behind 118 East Main Street, and Sheppard Street from Badgad Avenue to Liberty Avenue be closed from 2:00 o'clock p.m. on May 25, 2002 until 1:00 o'clock a.m. on May 27, 2002, for the organization's annual event known as El Amistad 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. RESOLVED this 11th day of April, 2002. 16.G.1. Consider a resolution encouraging the United States Postal Service to move the Post Office located on Sam Bass Road. This item was placed on the agenda at the request of Councilmember McGraw and Mayor Pro-tem Nielson. Councilmember McGraw noted that this Post Office was constructed when the City's population was 13,000. The increase in traffic in this area is causing unsafe maneuvering into the parking lot especially with the limited number of parking spaces. Councilmember McGraw noted that he does not have a specific location where the Post Office can relocate. RESOLUTION NO. WHEREAS, the U.S. Post Office located at 797 Sam Bass Road was constructed approximately twenty years ago, and • WHEREAS, since that time the population of Round Rock has grown from approximately 13,000 to the present population of over 71,000, and WHEREAS, the current location of the Post Office has inadequate parking for the number of patrons wishing to use the facility, and WHEREAS, the increased traffic volumes at the intersection of Sam Bass Road and Chisholm Trail Drive have severely impacted the access to and from the Post Office, and WHEREAS, there has been a dramatic increase in the number of automobile accidents in the area of the Post Office,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby determines that it is in the best interests of the citizens of Round Rock to move the Post Office to a larger and more accessible location and hereby • �1�-0. 1 APRIL 11,2002 encourages the United States Postal Service to begin the planning process to move the Post Office. 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 11th day of April,2002. • ROBERT A. STLUKA, JR., Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 16.G.2. Consider a resolution supporting the establishment of a State Veteran's Cemetery. Bob Bennett, City Manager made the staff presentation. During its last session, the • Legislature approved and the Governor signed into law House Bill 310. HB 310 authorized the Texas Veteran's Land Board to establish up to seven State Veteran's Cemeteries in Texas. The Texas Veteran's Land Board recently issued Requests for Proposals to communities interested in competing for these cemeteries. Central Texas has one of the highest concentrations of veteran population in the state of Texas. Location of one of these state cemeteries in this region would provide a tremendous service and benefit to the men and women of our armed services. The City of Killeen, in partnership with Ft. Hood, is preparing a proposal seeking the establishment of a State Veteran's Cemetery on property that Ft. Hood would provide. The City of Killeen is asking for Round Rock's support of their proposal. RESOLUTION NO. • WHEREAS, Fort Hood, one of the Army's premiere military installations, is located in Central Texas, and supports a total of 34,262 military retirees, 5,278 survivors, and 34,262 family members for a total of 73,802 served, and WHEREAS, many more service personnel retire from Fort Hood each month with a majority of those electing to make their retirement homes in Central Texas, and WHEREAS, our veterans have been the backbone of America's freedom, serving faithfully and honorably in defense of our Nation and are due full honor for that service, and WHEREAS, a fitting tribute would be to provide those who have served their country in the time of peace and war with a veteran's cemetery that will serve as a memorial to their service,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock fully supports the establishment of a State Veteran's Cemetery in Bell County and commends the State of Texas in taking the steps to make such a 1=:0 APRIL 11, 2002 tribute possible for the thousands of veterans who reside in areas not readily accessible to veteran's burial sites. 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 11th day of April, 2002. ROBERT A. STLUKA, JR., Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 16.G.3. Consider a resolution naming the entrance roadway to the Dell Diamond and United Heritage Conference Center, Telander Drive. This resolution was placed on the agenda at the request of Councilmember Palmer and Mayor Stluka to honor the Telander family. • RESOLUTION NO. WHEREAS, John and Maria Isrealson left Sweden in 1871 to immigrate to America and they made their way to the newly established Swedish community of Palm Valley and established their first homestead on a farm located adjacent and immediately east of the present site of the Dell Diamond, and WHEREAS, in 1885, the Isrealsons moved their home a short distance to the south of the present Dell Diamond and in 1891 their daughter named Esther was born on the homestead, and WHEREAS, also in 1891, Alfred Telander left Sweden for America and came to work on the Isrealsons' farm and in 1911, Alfred and Esther were married and lived their entire life on what became to be known locally as the Telander Family Farm, and WHEREAS, Alfred and Esther Telander had three sons, Bertil ("Buck"), Clarence, and Arnold and six daughters, Grace, Joy, Blanche, Mabel, Edith, and Lillie, all of which were born on the Telander Family Farm, and WHEREAS, in the early 1950's, the three Telander brothers purchased the farm located just north of the Telander homestead and across U.S. 79, which farm was eventually acquired solely by Arnold Telander, and WHEREAS, in 1999, Arnold Telander's farm became a literal "Field of Dreams" when he offered to sell the farm to the City of Round Rock for the development of the minor league • baseball stadium that we all know today as the Dell Diamond, the proud home of the Round Rock Express, and WHEREAS, all of the many members of the Telander family have been important to the founding and development of Round Rock, the historic Palm Valley Area, and in particular the Palm Valley Lutheran Church,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the entrance roadway to the Dell Diamond and United Heritage Conference Center, as described in Exhibit "A," is hereby named "Telander Drive" in honor of the many important contributions made by the members of the Telander family to the City of Round Rock and the Palm Valley area. 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 1;:0.3 APRIL 11,2002 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 1 lth day of April, 2002. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City.Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *16.G.4. Consider a resolution authorizing the Mayor to execute a letter of agreement with Jeff Montgomery and Associates, Inc. for aphone survey. This item was approved under the consent agenda • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for a statistical phone survey, and WHEREAS, Jeff Montgomery & Associates, Inc. has submitted a letter of agreement to provide said services, and WHEREAS, the City Council desires to enter into said letter of agreement with Jeff Montgomery&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 a letter of agreement with Jeff Montgomery&Associates, Inc., for professional consulting services for a statistical phone survey, a copy of said letter of agreement being attached hereto as Exhibit "A" 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. RESOLVED this 11th day of April, 2002. COUNCIL COMMENTS: None • ADJOURNMENT: There being no further business, the meeting adjourned at 9:48 p.m. Respectfully submitted, Christine R. Martinez City Secretary ID. APRIL,25, 2002 The Round Rock City Council met in Regular Session on Thursday, April 25, 2002 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were • Assistant City Manager Joanne Land and City Attorney Steve Sheets. Mayor Stluka dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the next item. 6.A.1. Consider a presentation by the Chairman of the Historic Preservation Commission on the 2002 Local Legend Award. The Local Legend Award recognizes Round Rock citizens who have had a positive and lasting impact on the culture, development, and history of our community and who exemplify the very essence of Round Rock. Honorees have included both individuals and groups who have played an important, if not always prominent, role in the history of Round Rock. Charlie Culpepper outlined the history of the Hester Family and introduced various • members of the family who were in attendance. Mayor Stluka presented the Local Legend Award to three members of the Hester Family. Mayor Stluka resumed with the order of the agenda. CITIZENS COMMUNICATIONS: Liz Parker, 1207 Creekview Drive,President of the Volunteer Center thanked the Council for all their support of the Volunteer Center. Kenneth Snyder, 4406 North Ridge, Austin, expressed his concern of the water situation in North Ridge Acres,which is located outside the city limits of Round Rock. PROCLAMATIONS: S.A. Consider a proclamation proclaiming Apri126, 2002 as Arbor Day in Round Rock. Mayor Stluka read the following proclamation and presented it to Emsud Horozovic of • the Parks and Recreation Department. Whereas, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and Whereas, this;holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and Whereas, 2002 is the 130th Anniversary of Arbor Day and is now observed throughout the nation and the world; and 1 X0.:5 APRIL 25,2002 Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, provide habitat for wildlife and beautify our community; and Whereas, trees are a renewable resource giving us paper,wood for our homes, fuel for our fires and are a source of joy and spiritual renewal wherever they are planted; and Whereas, the Parks and Recreation Department will be planting 63 trees in Old Settlers Park at Palm Valley on Saturday, April 27, 2002 from 9:00 a.m. to 12:00 noon for Arbor Day. Now; Therefore, I, Robert A. Stluka, Jr., Mayor of the City of Round Rock do hereby proclaim April 26, 2002 as • "ARBOR DAY" in the City of Round Rock and urge all citizens to support the efforts to protect our trees and woodlands and further urge all citizens to plant trees to gladden the heart and promote the well- being of this and future generations. Proclaimed this 25th day of April 2002. S.B. Consider a proclamation proclaiming April 30, 2002 as Junior Civitan Day. Mayor Stluka read the following proclamation and presented it to Arthur Bryant. Whereas, Junior Civitan International was founded in 1932; and Whereas, the 16,000 young people in 500+Junior Civitan clubs worldwide work together to make their communities better places in which to live and work; and Whereas, Junior Civitan has contributed thousands of dollars to help people with mental and other developmental disabilities, as well as others in need, and is recognized for its support of research and treatment through funding of the Civitan International Research Center; and Whereas, Club projects provide members with meaningful involvement in the school and community; and Whereas, Junior Civitan promotes good citizenship and challenges all to think of citizenship as a privilege and responsibility; and Now Therefore, I, Robert A. Stluka, Jr., Mayor of the City of Round Rock, Texas do • hereby designate the 30th day of April, 2002 as "JUNIOR CIVITAN DAY" in the City of Round Rock and encourage the residents to actively support and take pride in the worthwhile efforts of this international youth service organization and in work of all Junior Civitans in our community. Proclaimed this 25h day of April, 2002. PRESENTATIONS: 6.A.1. Consider a presentation by the Chairman of the Historic Preservation Commission on the 2002 Local Legend Award. This item was addressed earlier in the meeting. 6.A.2. Consider a presentation concerning the graduation of US Vital Documents from Connection Station. Mona Ryan, Community Development Coordinator introduced Brian Wright. Mr. Wright who is the owner of the first company to complete a full two-year tenure in { the City's Microenterprise Assistance Program. Mr. Wright thanked the Council for giving him • the opportunity to participate in program that helped establish his business. He added that if it were not for this program he would have taken a bit longer to get established because he would have to purchase a lot of the equipment and services that are provided at the Connection Station. 6.A.3. Consider a presentation concerning the annexation of right-of-way for Sam Bass Road, State Highway 45, High Country Boulevard, Old Settlers Boulevard, County Road 170, Louis Henna Boulevard and Rusk Road. Joe Vining,Planning Director made the staff 1,-1 :6 APRIL 25,2002 presentation. These roadway segments currently lie outside of the Round Rock city limits. The purpose of the annexation is to include the street rights of way into the city limits for future traffic control. PUBLIC HEARINGS: 7.A.1.Consider public testimony regarding the adoption of the revised Zoning Ordinance. Joe Vinin Planning Director outlined the information provided • g, g p ed to the Council, which contained amendments that the Council recommended at the April 11th meeting. Staff also recommended the establishment of a second industrial district, (I)Industrial, to address general concerns regarding a wholesale prohibition against metal buildings in Round Rock. Mr. Vining noted that a detailed presentation would be made for the final reading of the Zoning Ordinance on May 9th Mayor Stluka noted that there would not be a public hearing at the May 9th Council meeting. If citizens wish to express their support of concern regarding the zoning ordinance, they would need to do that under Citizen Communications. Mayor Stluka opened the public hearing. O'Barr Rost, 103 E. Main,provided the Council with a packet of pictures of commercial • buildings throughout the City that represent several different styles and construction. He asked the Council disapprove the all masonry and 25 foot set back provisions in C-1 zoning because this change will cause an economic impact to the City. He proceeded to explain why this would happen. David Bost, 1903 Aster Way, spoke in favor of the landscape portion of the new zoning ordinance. There being no further testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were • removed from the consent agenda. *9.A. Consider approval of the minutes of the Regular Session of February 28 2002 and Regular Session of March 26, 2002. Councilmember McGraw noted that the representative of the church under item II.B.1, February 28`h spells his name Akins not Atkins. APRIL 25, 2002 *10.A.2. Consider an ordinance annexing 4.47 acres of land, more or less, out of the David Curry Survey, A-130 in Williamson County, Texas. (Sam Bass Road ROW) (First Reading) *10.A.3. Consider an ordinance annexing 0.617 acres of land, more or less, out of the J. M. Harrell Survey, A-284 in Williamson County, Texas. (State Highway 45 ROW) (First • Reading) *10.A.4. Consider an ordinance annexing 5.77 acres of land,more or less, out of the Samuel Jenkins Survey,A-347 and the T.F. Rowe Survey,A-810 in Williamson County, Texas. (High Country Boulevard ROW) (First Reading) *10.A.5. Consider an ordinance annexing 10.63 acres of land, more or less, out of the George W. Glasscock Survey, A-267 in Williamson County, Texas. (Old Settlers Boulevard ROW) (First Reading) *10.A.6. Consider an ordinance annexing 6.76 acres of land,more or less, out of the Memucan Hunt Survey, A-314 in Williamson County, Texas. (County Road 170 and Louis Henna Boulevard ROW) (First Reading) • *10.A.7. Consider an ordinance annexing 2.128 acres of land, more or less, out of the P.A. Holder Survey, A-297 in Williamson County, Texas. (Rusk Road ROW) (First Reading) *11.B.1. Consider a resolution authorizing a property tax refund to Tem J. & Susan K. Young in the amount of$668.29. *11.B.2. Consider a resolution authorizing a property tax refund to Legends Village LP in the amount of $10,262.69. *11.B.3. Consider a resolution authorizing a property tax refund to Security Capital Industrial Trust in the amount of$13,043.83 *1 LCA. Consider a resolution authorizing the Mayor to execute a License Agreement with the Woods Homeowner's Association for the right to install landscaping and irrigation systems in the public right-of-way located along Creek Bend Boulevard and Sam Bass Road. 11.C.5. Consider a resolution authorizing the Mayor to execute a License Agreement with the Hidden Glen, Inc. Homeowner's Association for the right to install landscaping and irrigation systems in the public right-of-way located along certain streets in the Hidden Glen Phase I Subdivision. APRIL 25,2002 *1 LD.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 with Baker-Aicklen&Associates, Inc., for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane. *1 LD. 2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 with Baker-Aicklen&Associates, Inc., for the design of roadway imp rovements on CR 122 from Forest Creek to Brushy Creek. • MOTION: Councihnember Palmer moved to approve all the items listed in the consent agenda. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Coe moved to dispense with the second readings of ordinance for items 10.A.2, 10.A.3, 10.A.4, 10.A.5, 10.A.6., and 10.A.7. with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. APPROVAL OF COUNCIL MEETING MINUTES: *9.A. Consider approval of the minutes of the Regular Session of February 28, 2002 and Regular Session of March 26, 2002. This item was approved under the consent agenda. ORDINANCES: 10.A.1. Consider an ordinance amending the 2001-2002 Community Development • Block Grant budget. (First Reading) Mona Ryan, Community Development Coordinator explained that funds are being shifted within the existing Community Development ment block Grant Program. No operating budget will be required. The two new activities will be funded from two activities beingdeleted. Those are the Senior Center will receive a new roof,new interioralls walls, and a Hepa filter system as a result of mold damage, which will provide a healthy environment for the elderly citizens who use the facility on a daily basis. The second will resolve the drainage 1 `0 J9 APRIL 25,2002 problem at the Mesa Park playground allowing the children to have a playground area not prone to flooding or standing water. ORDINANCE NO. AN ORDINANCE AMENDING THE 2001-2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET. • MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *10.A.2. Consider an ordinance annexing 4.47 acres of land, more or less, out of the David Curry Survey,A-130 in Williamson County, Texas. (Sam Bass Road ROW) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 4.47 ACRES OF LAND, MORE OR LESS, OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, 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. *10.A.3. Consider an ordinance annexing 0.617 acres of land,more or less, out of the J. M. Harrell Survey, A-284 in Williamson County, Texas. (State Highway 45 ROW) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.617 ACRES OF LAND, MORE OR LESS, 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. APRIL 25,2002 *10.A.4. Consider an ordinance annexing 5.77 acres of land, more or less, out of the Samuel Jenkins Survey,A-347 and the T.F. Rowe Survey, A-810 in Williamson CopDjL Texas. (High Country Boulevard ROW) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT • AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 5.77 ACRES OF LAND, MORE OR LESS, OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347 AND THE T.F. ROWE SURVEY, ABSTRACT NO. 810, 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. *10.A.5. Consider an ordinance annexing 10.63 acres of land,more or less, out of the George W. Glasscock Survey, A-267 in Williamson County, Texas. (Old Settlers Boulevard ROW) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE • CITY OF ROUND ROCK, TEXAS, TO WIT: 10.63 ACRES OF LAND, MORE OR LESS, OUT OF THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267, 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. *10.A.6. Consider an ordinance annexing 6.76 acres of land,more or less, out of the Memucan Hunt Survey, A-314 in Williamson County, Texas. (County Road 170 and Louis Henna Boulevard ROW) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE • CITY OF ROUND ROCK, TEXAS, TO WIT: 6.76 ACRES OF LAND, MORE OR LESS, OUT OF 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. APRIL 25, 2002 *10.A.7. Consider an ordinance annexing 2.128 acres of land, more or less, out of the P.A. Holder Survey, A-297 in Williamson County, Texas. (Rusk Road ROW) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE • CITY OF ROUND ROCK, TEXAS, TO WIT: 2.128 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 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. RESOLUTIONS: 11.A.1. Consider a resolution authorizing the Mayor to execute a contract with Keystone Construction, Inc., for the Clay Madsen Recreation Center Drainage and Landscape Improvements Project. Sharon Prete, Parks and Recreation Director made the staff presentation. Several drainage issues at the Clay Madsen Recreation Center(CMRC)have appeared due to the • conflict of design issues. One is causing the siltation of adjacent tennis courts after moderate rains,while another is causing water to "stand"in the front lawn area. The latter has also contributed to the deterioration of the landscape material at the entry to the CMRC. The cost of this improvement will be $45,476.39 and will remedy the siltation problem and the "standing" water problem, as well as eliminate the negative impact of such on the associated landscape improvements. The contract also provides for the improvement of the entry to the facility. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Clay Madsen Recreation Center Drainage and Landscape Improvements Project, and WHEREAS,Keystone Construction, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Keystone Construction, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY_:OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a • contract with Keystone Construction, Inc. for the Clay Madsen Recreation Center Drainage and Landscape 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. RESOLVED this 25th day of April 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: 1 �1 � APRIL,25,2002 CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt • Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *11.13.1. Consider a resolution authorizing a property tax refund to Tem J. & Susan K. Young in the amount of$668.29. This item was approved under the consent agenda. 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 taxpayers, Terry J. & Susan K. Young have made an • overpayment or erroneous payment of 2001 taxes in the amount of$668.29; that such amount is in excess of$500.00; that such overpayment or erroneous'payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$668.29. 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 April 2002. *11.B.2. Consider a resolution authorizing a property tax refund to Legends Village LP in the amount of $10,262.69. This item was approved under the consent agenda. 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, Legends Village, L.P. has made an overpayment or erroneous payment of 2001 taxes in the amount of$10,262.69; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayer. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$10,262.69. APRIL 25,2002 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 April 2002. *11.B.3. Consider a resolution authorizing a property tax refund to Security Capital • Industrial Trust in the amount of$13,043.83. This item was approved under the consent agenda. 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, Security Capital Industrial Trust has made an overpayment or erroneous payment of 2001 taxes in the amount of$13,043.83; that such amount is in excess of$500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayer. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$13,043.83. 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 April, 2002. 11.C.1. Consider a resolution adopting the Amended Program Year 2000-2001 Community Development Action Plan. Mona Ryan, Community Development Coordinator made the staff presentation. The 2000-01 Community Development Action Plan was adopted by Resolution R-00-08-10-10A2 on August 10, 2000. Project 3: Home Ownership Assistance Program identifies two activities, Down Payment and Closing Cost Assistance Loans and Land Acquisition. The Land Acquisition of$97,000 is being deleted and this funds will be used to fund two new activities: Those are for the rehabilitation of the Senior Center at$70,000 and upgrade of Mesa Park Phase 2 at$27,000. This process is considered a substantial amendment to the Annual Plan and required a thirty-day comment period. The required thirty-day comment • Period expired April 24th. Notices of the comment period were posted in four locations: City Hall, the Senior Center, Parks and Recreation Department and the Mesa Village playground located at 1401 Georgetown Street. RESOLUTION NO: WHEREAS, the City of Round Rock has adopted the 2000-2001 Community Development Action Plan, ("Plan") which identifies how the City will use federal resources to meet priority community needs, and APRIL 25,2002 WHEREAS, the Plan identifies resources which will improve the lives of the City's residents by providing homeownership assistance, improving neighborhoods, providing economic opportunities, and delivering needed services, and WHEREAS, the City now wishes to amend said 2000-2001 Community Development Action Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Amended Program Year 2000-2001 Community Development Action Plan is hereby adopted, a copy of which is attached hereto as Exhibit"A" 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. RESOLVED this 25th day of April 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 11.C.2. Consider a resolution adopting the Amended Projram Year 2001-2002 Community Development Annual Action Plan. Mona Ryan, Community Development Coordinator made the staff presentation. The 2001-02 Community Development Annual Action Plan was adopted by Resolution R-01-08-09-13C1 on August 9, 2001. Project 1: Neighborhood Enhancements, identifies two park activities. The Greenslopes Area Park activity is being deleted and replaced with the Mesa Village Phase 2 improvements. The Mesa Village Phase 2 improvements can be completed in this fiscal year and are needed to alleviate a drainage problem in the playground area. The total project cost is $57,000. A portion of this money, $27,000, will come from the 2000-01 Annual Plan as a result of deleting the Land Acquisition activity. This • process is considered a substantial amendment to the Annual Plan and required a thirty-day comment period. RESOLUTION NO. WHEREAS, the City of Round Rock has adopted the 2001-2002 Community Development Annual Action Plan, ("Plan") which identifies how the City will use federal resources to meet priority community needs, and 11 APRIL 25,2002 WHEREAS, the Plan identifies resources which will improve the lives of the City's residents by providing homeownership assistance, improving neighborhoods, providing economic opportunities, and delivering needed services, and WHEREAS, the City now wishes to amend said 2001-2002 Community Development Annual Action Plan,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Amended Program Year 2001-2002 Community Development Action Plan is hereby adopted, a copy of which is attached hereto as Exhibit"A" 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. RESOLVED this 25th day of April, 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer . Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 11.C.3. Consider a resolution authorizing the use of Tax-Exempt Single Family Mortgage Revenue Bonds, Series 2002A, to provide a means of financing the cost of residential home ownership in Round Rock. Mona Ryan, Community Development Coordinator introduced Seth Searcy III, Attorney who gave an overview of this item. The City of Round Rock participated in the last Single Family Mortgage Revenue Bond program in 1998. Fifty-four loans totaling$5,652,600.00 were made through that program. The Capital Area Housing Finance Corporation will be issuing$25,000,000 in Bonds in the Single Family Mortgage Revenue Bonds, Series 2002A. This program will benefit first time homebuyers who are ineligible for the • Rock area CDBG Block Grant down payment assistance program. The Roundagain will be eligible to participate. Prospective homeowners will be able to use this program for down payment and mortgage assistance. RESOLUTION NO. WHEREAS, the Capital Area Housing Finance Corporation (the "Corporation") was incorporated pursuant to the Texas Housing Finance Corporations Act of 1979, as amended, Chapter 394 of the Local Government Code (the "Act"), by the governing bodies of the City of APRIL 25,2002 San Marcos, Texas, and each of the Texas counties of Bastrop, Blanco, Caldwell, Fayette, Hays, Llano, and Williamson (the "Local Governmental Units"), to provide a means of financing the cost of residential ownership and development that will provide decent, safe, and sanitary housing for individuals and families of low and moderate income, and WHEREAS, the Corporation's Articles of Incorporation were amended effective March 11, 1998 to add the Texas counties of Burnet and Lee as Local Governmental Units of the Corporation, and WHEREAS, the Corporation intends to issue its Tax-Exempt Single-Family Mortgage Revenue Bonds (GNMA and Fannie Mae Mortgage-Backed Securities Program), Series 2002A (the"2002 Bonds"), and WHEREAS, Section 394.005 of the Act provides that the Act does not apply to property located within a municipality with more than 20,000 inhabitants unless the governing body of the municipality approves the application of the Act to the property, and WHEREAS, the Corporation has requested the governing body of the City of Round Rock, Texas (the "City") to provide, with the proceeds of the issuance of the Corporation's 2002 Bonds, financing for home mortgages for homes located in that area of the City located within Williamson County, Texas,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, 1. The recitals are incorporated in and made a part of this Resolution. 2. The City Council approves the application of the Act to property within the City that is located within Williamson County, Texas, and grants its approval to the Corporation for use of the proceeds of the 2002 Bonds to finance home mortgages for homes located within that portion of the City. 3. To demonstrate the City's desire to participate in the Corporation's 2002 mortgage revenue bond programs, a certified copy of this Resolution will be forwarded to the Corporation. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of April 2002. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *11.C.4. Consider a resolution authorizing the Mayor to execute a License Agreement with the Woods Homeowner's Association for the right to install landscaping and irrigation systems in the public right-of-way located along Creek Bend Boulevard and Sam Bass Road. This item was approved under the consent agenda. 117 APRIL 25,2002 RESOLUTION NO. WHEREAS, the City of Round Rock, Texas is the owner of the public right-of-way located along Creek Bend Boulevard and Sam Bass Road, and WHEREAS, the Woods Homeowner's Association desire to exercise certain rights and privileges in the public right-of-way located along Creek Bend Boulevard and Sam Bass Road, 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 the Woods Homeowner's Association for the right to install landscaping and irrigation systems in, over and upon the public right-of-way located along Creek Bend Boulevard and Sam Bass Road, a copy of said License Agreement being attached hereto as Exhibit"A" 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. RESOLVED this 25th day of April, 2002. *11.C.5. Consider a resolution authorizing the Mayor to execute a License Agreement with the Hidden Glen, Inc. Homeowner's Association for the right to install landscaping and irrigation systems in the public right-of-way located along certain streets in the Hidden Glen Phase I Subdivision. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock, Texas is the owner of the public right-of-way located along Creek Bend Boulevard,Hidden Glen Drive, and Mesa Verde Drive, and WHEREAS, the Hidden Glen, Inc. Homeowner's Association desire to exercise certain rights and privileges in the public right-of-way located along Creek Bend Boulevard, Hidden Glen Drive, and Mesa Verde Drive,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a License Agreement with the Hidden Glen, Inc. Homeowner's Association for the right to install landscaping and irrigation systems in, over and upon the public right-of-way located along Creek Bend Boulevard, Hidden Glen Drive, and Mesa Verde Drive, a copy of said License Agreement being attached hereto as Exhibit"A" 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. RESOLVED this 25th day of April, 2002. *1 LD.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 with Baker-Aicklen&Associates, Inc., for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an agreement for engineering services ("Agreement") with Baker-Aicklen&Associates, Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted Supplemental Agreement No. 2 to Contract for Engineering Services to extend the contract period, and APRIL 25, 2002 WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 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. 2 to Contract for Engineering Services with Baker-Aicklen & Associates, Inc. to extend the contract period, a copy of said Supplemental Agreement No. 2 being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required 'by law at all times during which this Resolution and the • subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of April 2002. * 11.D.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 with Baker-Aicklen&Associates, Inc., for the design of roadway improvements on CR 122 from Forest Creek to Brushy Creek. This item was approved under the consent agenda. 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 design of roadway improvements on CR 122 from Forest Creek Drive to Brushy Creek, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted Supplemental Agreement No. 2 to Contract for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to approve said Supplemental Agreement No. 2 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. 2 to Contract with Baker-Aicklen & Associates, Inc. for a change in the scope of services, a copy of said Supplemental Agreement No. 2 being attached hereto as Exhibit"A" 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. RESOLVED this 25th day of April, 2002. 11.D.3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with WHM Transportation Engineering Consultants, Inc., for the design of traffic signals at the intersection of Hesters Crossing Road and Rawhide Drive. Jim Nuse, Public Works Director made the staff presentation. The interim all-way stop at the intersection of Rawhide Drive and Hesters Crossing Road was approved at the Council's regularly scheduled • meeting on June 28th, 2001. This contract with WHM will provide the designs needed for installation of traffic signals at this intersection that meets warrants. The cost will be $10,500.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of traffic signals at the intersection of Hesters Crossing Road and Rawhide Drive, and WHEREAS, WHM Transportation Engineering Consultants, Inc. has submitted a Contract for Engineering Services to provide said services, and APRIL 25,2002 WHEREAS, the City Council desires to enter into said contract 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 a Contract for Engineering Services with WHM Transportation Engineering Consultants, Inc., for the design of traffic signals at the intersection of Hesters Crossing Road and Rawhide Drive, a copy of said contract being attached hereto as Exhibit "A" 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 RESOLVED this 25th day of April 2002. ROBERT A. STLUKA, JR.,Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe • Mayor Stluka Noes: None ACTION: The motion carried unanimously. 1 LDA. Consider a resolution authorizing the Mayor to execute a contract with Ballou Construction Co. Inc. for the Street Maintenance Program Phase 2/Micro-Surfacing 2001 Proiect. Jim Nuse, Public Works Director made the staff presentation. This contract is for$490,072.50 and the project will encompass the Laurel Ridge Subdivision, sections of the Settlement and the resurfacing of Aten Loop at Old Settlers Park at Palm Valley. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Street Maintenance Program Phase 2/Micro-Surfacing 2001 Project, and WHEREAS,Ballou Construction Co., Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid,of Ballou Construction Co., Inc., Now Therefore . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Ballou Construction Co., Inc. for the Street Maintenance Program Phase 2/1\4icro- Surfacing 2001 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. RESOLVED this 25th day of April 2002. 12 0 APRIL 25, 2002 ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember McGraw seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 11.D.5. Consider a resolution authorizing the Mayor to execute a contract with Horseshoe Construction, Inc. for the 2001 Wastewater Collection System Rehabilitation Project. Jim Nuse,Public Works Director made the staff presentation. RJN Group, Inc. was retained by the City to conduct a multi-year Inflow and Infiltration(I&I)Reduction Plan. Phase I which was completed in August 1998. The project included flow monitoring, manhole and wastewater line inspections. Phase II was the Evaluation Study for Basins BC21Z, OC24Z, and CC35Z, which included intensive surveying,testing and inspection of the wastewater collection system within these three basins.The general scope of work under this contract, which is based on RJN's recommendations developed under the Phase II Evaluation Study, is for the replacement of 10,800 linear feet of wastewater lines,rehabilitation of 305 manholes, and other minor system repairs within these three basins. The cost will be $1,142,600.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the 2001 Wastewater Collection System Rehabilitation Project, Basins BC21, OC24, and CC35, and WHEREAS, Horseshoe Construction, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Horseshoe Construction, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a • contract with Horseshoe Construction, Inc. for the 2001 Wastewater Collection System Rehabilitation Project, Basins BC21, OC24, and CC35. 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 April 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas C. 12 1 APRIL 25,2002 ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 11.D.6. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Ralph Harris Surveyor, Inc. for Phase II of the development of the City's Global Positioning System (GPS)High Accuracy Reference Network(HARD. Jim Nuse, Public Works Director made the staff presentation. This contract will consist of professional services to establish a pair of azimuth marks at each of the 41-GPS (HARN)Network Monument Sites. In addition these services include integrating this data into the Phase I,HARN Network, • the existing aerial photo and providing all information to the City on 3 CD's and providing 3 hard copies. This work builds onto the Phase I work that developed the City's GPS (HARN) Control Network. This horizontal and vertical control network can be found on the City's Web Page,under Planning or Public Works Department. The total fee for these services is $16,800.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain surveying services for Phase 2 of the development of the City's Global Positioning System (GPS), High Accuracy Reference Network(HARN), and WHEREAS, Ralph Harris Surveyor, Inc. has submitted a Contract for Surveying Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Ralph Harris Surveyor, 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 for Surveying Services with Ralph Harris Surveyor, Inc., for Phase 2 of the development of the City's Global Positioning System (GPS), High Accuracy Reference Network • (HARM), a copy of said contract being attached hereto as Exhibit "A" 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. RESOLVED this 25th day of April 2002. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas 12 � APRIL 25,2002 ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. I LD.7. Consider a resolution authorizing the Mayor to execute a Water and Wastewater Service Contract with Williamson County for a new county park. Jim Nuse, Public Works Director made the staff presentation. The Williamson County Park,which will be located north of 1431,needs water to irrigate land and operate facilities. The City has sufficient capacity within the next four years to provide that service. The water and wastewater service must be passed through Williamson County MUD#9 in a separate agreement with county. This contract will provide Williamson County with no more than 250,000 gallons per day, averaged over any • consecutive thirty(30) day period and no more than fifty-two (52) Living Unit Equivalents (LUE's) of wastewater service. RESOLUTION NO. WHEREAS, Williamson County desires to purchase water and wastewater services from the City of Round Rock, and WHEREAS, the City Council desires to enter into a Water and Wastewater Service 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 on behalf of the City a Water and Wastewater Service Contract with Williamson County, a copy of said Contract being attached hereto as Exhibit"A" 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. • RESOLVED this 25th day of April, 2002. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Coe seconded the motion. 12-3 APRIL 25,2002 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • COUNCIL COMMENTS: In response to Mayor Stluka's request, Joanne Land informed the Council that a meeting is scheduled next week to discuss the joint use facility between the City and YMCA. The City is in discussion with a property owner near Old Settlers Park and discussion will continue in a meeting to be held tomorrow. ADJOURNMENT: There being no further business, the meeting adjourned at 8:27 p.m. R pectfully Submitted, Christine R. Martinez, City Secretary i • 124 MAY 9, 2002 The Round Rock Ci Council met in Executive Session and Regular Session on City � Thursday,May 9, 2002 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 Robert A. Stluka, Jr., Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Mayor or Pro-tem Tom Nielson • Y was absent due to family business. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Executive Session as authorized by §551.072 Government Code, related to the purchase of real property located at 2015 Lamar Drive for additional city office space. The Council entered into Executive Session at 6:33 p.m. 3.B. Executive Session as authorized by§551.072 Government Code,related to the purchase of real property from Villages at Warner Ranch PUD, L.P. for right-of-way for SH 45. The Executive Session adjourned at 6:47 p.m. CALL REGULAR SESSION TO ORDER—7:00 P.M. • PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Mayor Pro-tem Tom Nielson was absent due to family business. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Kenneth Snyder, 4406 North Ridge,Austin, expressed his concern regarding the water situation in North Ridge Acres. Mayor Stluka informed Mr. Snyder that he needs to discuss the situation with the City of Austin because North Ridge is located outside of the Round Rock's jurisdiction and in Austin's jurisdiction. Police Officer David Pierce, 2112 Spring Breeze, informed the Council that the Law Enforcement Torch Run which will be going through Round Rock on May 23rd beginning on FM 1325 to Dell Diamond between 8:30 a.m. and 9:00 a.m. Officer Pierce also extended an invitation to the Council to the last weekend of "Cops &Lobster" at Red Lobster from 5:00 p.m. to 9:00 p.m. which benefits the Special Olympics. 125 MAY 9, 2002 CANVASS MAY 4, 2002 CITY COUNCIL ELECTION Mayor Stluka asked Councilmember Coe, Councilmember McGraw and Joanne Land to recess to the Executive Chamber and conduct the canvass of the May 4, 2002 Election. Councilmember Coe gave the following report on the results of the May 4, 2002 Election: Mayor • Nle Maxwell - 2,927 votes 64% - elected Earl Hairston - 1,672 votes (36%) Council, Place 1 Tom Nielson - 3,290 votes - elected (No opponent) Council, Place 4 Scot Knight - 3,296 votes - elected (No opponent) Total votes cast: 4,599 DECLARE MAY 4, 2002 CITY COUNCIL ELECTION RESULTS OFFICIAL • MOTION: Councilmember McGraw moved to declare the results of the May 4, 2002 Election official. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. PROCLAMATIONS: 10.A. Consider a proclamation naming Joanne Land as Round Rock Assistant City Manager Emeritus. Mayor Stluka read the following proclamation and presented it to Joanne • Land. Whereas, Joanne Land has dedicated her professional life to public service; and Whereas, Joanne has spent her entire 32 years of public service with the City of Round Rock and has no plans to work for any other public entity; and Whereas, Joanne has faithfully served the City with her outstanding dedication and qualities desired in all City employees; and Whereas, the City Council believes that Joanne's wealth of knowledge should not be lost and she should continue to play a role in Round Rock city government; and Whereas, the City Council of the City of Round Rock wishes to express their deep appreciation for the many years of service Joanne Land has given to the City of Round Rock, Now Therefore, it is hereby proclaimed that Joanne Land shall be given the title of Assistant City Manager Emeritus. 1 ,2 MAY 9,2002 Proclaimed this 9th day of May 2002. 10.13. Consider a proclamation proclaiming May 13 through May 19 2002 as Police Week. Mayor Stluka read the following proclamation and presented it to Chief Conner and members of the Citizens Alumni Association. Whereas, the Congress and President of the United States have designated May 15 as Peace Officers' Memorial Day and the week in which May 15 falls as National Police Week; and • Whereas, the members of the Round Rock Police Department play an essential role in safeguarding the rights and freedoms of Round Rock; and Whereas, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their Police Department, and that members of the Department recognize their duty to serve the people by safeguarding life and property,by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and Whereas,the men and women of the Round Rock Police Department unceasingly provide a vital public service; Now Therefore, I, Robert A. Stluka, Jr., Mayor of the City of Round Rock, do hereby proclaim the week of May 13 through May 19, 2002, as "POLICE WEEK" in the City of Round Rock with appropriate ceremonies and observances in which all of our citizens may join in commemorating law enforcement officers,past and present,who,by their faithful and loyal devotion to their responsibilities,have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens; and further call upon all citizens to observe Wednesday, May 15, as "PEACE OFFICERS' MEMORIAL DAY" in the City of Round Rock in honor of those law enforcement officers who, through their • courageous deeds,have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes, PROCLAIMED this 9th day of May 2002. PRESENTATIONS: 11.A.1. Consider a presentation by Jeff Montgomery of Jeff Montgomery and Associates on the biennial survey. Will Hampton, Communications Director made the staff presentation. The City conducts a customer survey every two years. The purpose of the poll is to survey attitudes and opinions about city services and quality of life issues. This survey was conducted March 25 to April 3, 2002, and 401 Round Rock residents were tested. The margin of error was±4.9%. The survey gives a snapshot of public opinion about a wide variety of issues, from the direction the City is headingto how we're doing taking care of weed lots. The g g Y statistical) valid survey gives an objective review of the success or failure of Ci services. The Y Y g J City • results are used to help direct resources and for planning purposes. Jeff Montgomery of Montgomery&Associates offered highlights of the survey. The following Key Findings are from the survey. • This year, people are even more likely(by about 7 points)than they were in 2000 and 1998 to believe that the City is going in the right directions, and that the quality of life is getting better. Slightly more people also say this year that the quality of life is improving in Round Rock. Given the slowdown in the local economy. c 1 2 7 MAY 9,2002 • As in 1998 and 2000, city services in general scored high. Trash collection maintained its standing in first place, and the police department jumped seven points to take second. When it comes to street maintenance the numbers are not nearly as good. Nevertheless, even the positive rating for street maintenance improved this year by about eight points. On traffic and transportation planning, the positive numbers remain very low—but this year the"average"rating was up and the actual negative rating somewhat down. This is important,because it means that the city has stopped the increase in negative feelings about transportation planning. • • When the respondents were asked if they felt safe walking alone in the neighborhood at night,the numbers were mostly very positive, as in 1998 and 2000. In fact, for a city growing as fast as Round Rock, in close proximity to a large city like Austin, the numbers are excellent. • When asked for the biggest issues facing Round Rock in the next five years, respondents once again said, "traffic,"but by a less overwhelming margin than two years ago. In 2000, traffic was up 20 points from its first-place spot in 1998. This year, the numbers are back down to 1998 levels. Although traffic remains a strong first-place concern,progress is clearly being made. • The second biggest issue, this year as in past years,was managing Round Rock's growth. • 43%rate traffic in their neighborhoods positively. While that is not an impressive number, it is distinctly better than the only 12%who rate traffic on state roads positively. • 41.7 % gave the city a positive rating on managing traffic,while 56.7%gave the city a negative rating. These numbers aren't great by any means; but they show an enormous • improvement over 2000,when, in the same question, 24.5% gave the city a positive rating on managing traffic and an astonishing 75% gave a negative rating. In a separate question, 49.6% said that the city's efforts to manage traffic are getting better. That suggests that the city is making real and substantial progress in managing traffic, and that citizens are taking note. • When asked about traffic in Round Rock compared to two years ago.,9.2% said it was getting better; 70.1% said it was getting worse. These are very worrisome numbers. • One potential area of trouble is in the city's enforcing upkeep of private and state- owned right-of-ways. Possibly because the question was made more specific this year, the city's negative rating was 48.4% almost 16 points higher than in 2000. • Local TV news retains its dominance here as a course for city news. Utility bill enclosures,however, have shown a substantial increase in usefulness here, over two points more than 1998 or 2000. The drop that was seen last year for"friends" as a source of city news has held steady. However,newspapers continue their steady decline. • Satisfaction with the job the city is doing of"keeping you informed of city programs and services"has improved since 2000—the city's positive rating has jumped 13 • points. The following is from the Conclusion of the survey • The survey shows progress on almost every front: the people of Round Rock are seeing real progress in difficult areas, and that is reflected in their attitudes. • As in previous years, respondents strongly approve of the way things are going in Round Rock. • They still feel safe in their neighborhoods, and they have good feelings about most city services—on the whole even better than in previous years. MAY 9, 2002 • Marked improvement was seen in residents' evaluation of their overall quality of life, which they see as improving. That is impressive indeed in the midst of a serious slowdown in the local economy. • Even the particularly difficult problem of traffic seems to be improving to some extent, with the extreme dissatisfaction shown in 2000 improving to the more moderate dissatisfaction that was seen in 1998. • An increase was seen of over 13 points in the city's positive rating when it comes to keeping residents informed of city programs and services and a ten-point increase in • the positive rating of the city's willingness to listen to and respond to the needs of citizens. Better communication in both directions is probably a big part of the higher satisfaction ratings that was seen throughout this survey. PUBLIC HEARINGS: 12.A.1. Consider public testimony regarding the adoption of the revised Zoning Ordinance. Joe Vining, Planning Director made the staff presentation. The following is from the memo that Mr. Vining provided to the Council which addressed the two issues that were raised at the April 25th meeting concerning development standards in the General Commercial (C-1) District. The first issue concerned exterior wall standards in C-1. The revised ordinance contains a number of wall finish options: "The exterior finish of all buildings shall be masonry, except for doors, windows and trim. Masonry shall mean stone, simulated stone, brick, stucco, horizontally installed cement based siding, decorative concrete masonry unit (CMU), standard Exterior • Insulation and Finish Systems (EI FS) for exterior finish above eight feet, abuse resistant EIFS for exterior finish below eight feet. The use of materials such as wood shingles or wood siding shall be limited to accent features." (page 87, 4 (a) (ii)) Horizontally installed cement based siding is a wood substitute that is durable and relatively maintenance free. Metal or tilt wall finishes have not been included because, in majority of cases, C-1 properties front highly visible corridors such as arterial roadways and highway frontage. The second issue concerned the 25-foot sides and rear setbacks in the C-1 district. In the existing ordinance both setbacks are zero feet. This existing setback is somewhat misleading because, in practice, the Fire Marshall during the site plan review process requires a fire access lane. Staff is proposing a 25-foot setback in the new ordinance to give applicants a level of • predictability during the site plan review process. The proposed 25-foot setback is not a substantial departure from what is currently required today. In cases where buildings share a common wall along a property line, a side or rear setback is not required. Mayor Stluka opened the public hearing. 12 `a MAY 9, 2002 O'Barr Rost, 103 E. Main St.,provided the Council with a letter that outlined his concerns regarding all masonry buildings in District C-1 and the 25 foot setback on the side of Districts C-1, C-2 and I-1 lots. Mr. Rost's letter included compromises for his two concerns. Gary Nelson, address unknown, expressed his concern regarding the requirement of all masonry on buildings and how this would hamper architectural abilities. • There being no frther testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items. Item 14A was withdrawn from the consent agenda. *14.A. Consider approval of the minutes of the Regular Session of FebfuaFy,�April 11, 2002 and Regular Session of MaFeh-2-6 April 25, 2002. This item was withdrawn from the agenda.-The dates were listed incorrectly on the consent agenda. February 28`h and March 26`h minutes were previously approved. *15.C.1. Consider an ordinance authorizing the placement of stop signs on Hamlet Cove • at its intersection with Hamlet Circle and on Penwood Cove at its intersection with Hamlet Circle. (First Reading) *15.C.2. Consider an ordinance authorizing the placement of a stop sign on Tom Gary Court at its intersection with IH 35. (First Reading) *15.C.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Ryan's Crossing, Section 3 Subdivision. (First Reading) *15.D.1. Consider an ordinance amending the 2001-2002 Communily Development Block Grant budget. (Second Reading) *16.B.1. Consider a resolution authorizing the Mayor to execute a letter of agreement with Frederick&Hornsby, Inc. for appraisal services regarding the acquisition of property for the Municipal Office Center. 16.13.2. Consider a resolution authorizing the Mayor to execute an Assignment and Assumption Agreement with John Lewis and Jimmy Nassour regarding 65.65 acres at the intersection of U.S. 79 and CR 122. MOTION: Councilmember Palmer moved to approve the remaining items listed in the consent agenda. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw 130 MAY 9,2002 Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. APPROVAL OF COUNCIL MEETING MINUTES: • *14.A. Consider approval of the minutes of the Regular Session of April 11, 2002 and Regular Session of April 25, 2002. This item was withdrawn from the agenda and will be addressed at the May 23, 2002 meeting. ORDINANCES: 15.A.1. Consider an ordinance amending Chapter 1, Section 1.3100 of the Round Rock Code of Ordinances adopting a records management program. (First Reading) Steve Sheets, City Attorney made the staff presentation. On December 13, 1990, the City Council adopted a records management program ordinance, as required by the local Government Records Act. That ordinance now needs to be revised to include updated language because the state statute has since been revised. ORDINANCE NO. • AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING CHAPTER 1, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY ADOPTING SECTION 1.3100, PROVIDING FOR A RECORDS MANAGEMENT PROGRAM PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF THE LOCAL GOVERNMENT CODE, SECTION 201.001, et seq., "LOCAL GOVERNMENT RECORDS ACT"; PROVIDING FOR A SAVINGS CLAUSE AND PENALTY CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson • Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried-unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember Pitt 1 ,31 MAY 9, 2002 Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. • 15.B.1. Consider an ordinance authorizing the issuance of City of Round Rock Texas General Obligation and Refunding Bonds, Series 2002; levying an ad valorem tax in support of the bonds; approving a paving agent/registrar agreement, an official statement, a bond purchase agreement and an escrow agreement; calling certain obligations for redemption and authorizing other matters relating to bonds. (First Reading) David Kautz, Finance Director made the staff presentation. The City is selling General Obligation Bonds in the amount of$35 million for new project financing plus approximately$10.8 million for a refunding transaction. Voters as part of an$89.8 authorization last November authorized the$35 million. The refunding transaction will provide for a small present value savings due to lower market interest rates and for a restructuring of current outstanding bonds. These bonds will provide financing for general • projects as authorized by voters and will be paid for through property taxes. Garry Kimball outlined the $45,465,000 General Obligation and Refunding Bonds, Series 2002 Final Pricing Summary. ORDINANCE NO. ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION AND REFUNDING BONDS, SERIES 2002; LEVYING AN AD VALOREM TAX IN SUPPORT OF THE BONDS; APPROVING A PAYING AGENT/REGISTRAR AGREEMENT, AN OFFICAL STATEMENT, A BOND PURCHASE AGREEMENT AND AN ESCROW AGREEMENT; CALLING CERTAIN OBLIGATIONS FOR REDEMPTION AND AUTHORIZING OTHER MATTERS RELATING TO THE BONDS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw • Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. MAY 9, 2002 MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan • Councilmember Coe Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. *15.C.1. Consider an ordinance authorizing the placement of stop signs on Hamlet Cove at its intersection with Hamlet Circle and on Penwood Cove at its intersection with Hamlet Circle. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF HAMLET COVE AND HAMLET CIRCLE, AND PENWOOD COVE AND HAMLET CIRCLE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *15.C.2. Consider an ordinance authorizing the placement of a stop sign on Tom Gary Court at its intersection with IH 35. (First Reading) This item was approved under the consent • agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF TOM GARY COURT AT IH 35 AS A STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *15.C.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Ryan's Crossing, Section 3 Subdivision. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF ROBERTO CLEMENTE LANE AND NOLAN RYAN BOULEVARD, • ROBERTO CLEMENTE LANE AND ROD CAREW DRIVE, YOGI BERRA WAY AND ROBERTO CLEMENTE LANE, AND YOGI BERRA WAY AND NOLAN RYAN BOULEVARD AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *15.D.1. Consider an ordinance amending the 2001-2002 Community Development Block Grant budget. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. } MAY 9, 2002 AN ORDINANCE AMENDING THE 2001-2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET. 15.D.2. Consider an ordinance adopting the revised Zoning Ordinance. (Second Reading) Mr. Vining answered Council's questions regarding the setback and masonry concerns that were raised. He explained that the ordinance contains options that are less expensive than • masonry. ORDINANCE NO. AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 11 OF THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING ZONING; AND ENACTING REVISED ZONING REGULATIONS AND DISTRICTS IN ACCORDANCE WITH THE CITY CHARTER AND THE GENERAL PLAN 2000; ESTABLISHING ZONING DISTRICTS; REGULATING WITHIN SUCH DISTRICTS, THE HEIGHT,NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, LOT COVERAGE, THE DENSITY AND DISTRIBUTION OF POPULATION; THE USES OF LAND, BUILDINGS AND STRUCTURES; AND FOR SAID PURPOSES, DIVIDING THE CITY OF ROUND ROCK, TEXAS INTO DISTRICTS; AND REGULATING THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR AND USE OF BUILDINGS, STRUCTURES, OR LAND WITHIN SUCH DISTRICTS; AND PROVIDING UNIFORM REGULATIONS FOR THE SEVERAL CLASSES AND KINDS OF BUILDINGS OR STRUCTURES AND USES WITHIN THE DISTRICTS; ADOPTING A ZONING MAP DISCLOSING THE SEVERAL USE DISTRICTS, AND THE RESTRICTIONS AND LIMITATIONS AND PROVISIONS APPLICABLE TO SUCH DISTRICTS; AND PROVIDING FOR A BOARD OF ADJUSTMENT AND DEFRONG THE POWERS OF SAME; AND PROVIDING CERTAIN PENALTIES AND REMEDIES; PROVIDING FOR A • SAVINGS CLAUSE AND PENALTY CLAUSE; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Coe seconded the motion. This motion was not voted on. The Council and Planning Director discussed the masonry issue and metal buildings. The Planning Director noted that for metal buildings the ordinance has a provision for a variance that gives flexibility to the design. Councilmember Pitt pointed out that the group who worked on the new zoning ordinance wanted to raise the quality standards for the community and to keep up the appearance of the community. She added that commercial buildings are the most visible aspects of the community and metal buildings are not sustainable in the long term. Councilmember Coe noted that the ordinance has a variance provision for special circumstances if a metal building is involved. Councilmember McGraw brought up an option concerning masonry on all sides of the buildings in the C-1 district. He said that masonry could be required only if the side of the building faces a public street or a proposed public street. The City Attorney noted that since the 1�;3 MAY 9, 2002 Zoning Ordinance is a legal document the language would need to be specific and not general so a"proposed street"would need to be defined. Councilmember McGraw suggested that the proposed street could be defined as "a public street on a filed plat or preliminary plat filed with the City." The Planning Director and City Attorney raised other concerns regarding the definition of a proposed street and further review was needed. MOTION: Councilmember McGraw moved to table the ordinance. Councilmember • Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: Councilmember Pitt Councilmember Coe Absent: Mayor Pro-tem Nielson ACTION: The motion carried with 4 ayes and 2 noes. 15.D.3. Consider an ordinance amending Chapter 3, Section 3.1100 of the Round Rock Code of Ordinances regarding_protected tree provisions. (First Reading) Joe Vining, Planning Director made the staff presentation. The new Zoning Ordinance incorporated landscape requirements, which were formerly located in Chapter 3 of the Code with the exception of protected trees . This ordinance repeals the old landscape ordinance and replaces it with updated provisions for protected trees. It also provides for a tree replacement fund where on-site replacement is not appropriate. The tree replacement fund provides funding for trees in public places. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING CHAPTER 3, SECTION 3.1100, OF THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS PERTAD41NG TO LANDSCAPING REQUIREMENTS; REPEALING CERTAIN LANDSCAPING REQUIREMENTS; AMENDING TREE PROTECTION REQUIREMENTS; PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING FOR THE REPEALING OF CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE AND PENALTY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councihnember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 1A) MAY 9,2002 15.D.4. Consider an ordinance annexing 0.13 acres of land more or less out of the Memucan Hunt Survey, A-314 in Williamson County, Texas (ROW exchange tract). (First Reading) Joe Vining,Planning Director made the staff presentation. The city has acquired this property in order to complete a property exchange with the Hanover Company. In return the city has received additional SH 45 right-of-way. Because this property is currently owned by the city, • no annexation petition is required. The property Yexchan e for this tract is part of the SH 45 right- of-way, t-of-way, a vital major arterial. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.13 ACRES OF LAND, MORE OR LESS, OUT OF 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. MOTION: Councilmember Gallahan moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer • Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 15.D.5. Consider an ordinance annexing 64.83 acres of land,more or less, out of the P.A. Holder Survey, A-297 in Williamson County, Texas. (Johnson Tract) (Second Reading) 1:3 MAY 9,2002 Councilmember McGraw announced that he would not be participating in the discussion on this item and will be abstaining on the vote due to his representation of Mr. Johnson. Jim Nuse,Public Works Director made the staff presentation. The purpose of this annexation is to establish city services for this development. There will be an increase in availability of commercial, single-family and multi-family development and ad valorem and sales tax base. • ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 64.83 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 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: Councihnember Palmer moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Pitt • Councihnember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson Abstain: Councilmember McGraw ACTION: The motion carried with 5 ayes and 1 abstention. 15.D.6. Consider an ordinance adopting original zoning of District Planned Unit Development(PUD)No. 53 on 64.83 acres of land, more or less, out of the P.A. Holder Survey, A-297 in Williamson County, Texas, and rezone 37.25 acres of land,more or less, out of the P.A. Holder Survey, A-297 in Williamson County, Texas from District SF-2 (Single Family- Standard Lot) and District I-1 (General Industrial)to Planned Unit Development(PUD)No. 53. (Johnson Tract) (First Reading) Councilmember McGraw announced that he would not be participating in the discussion on this item and will be abstainingon the vote due to his re resentation of Mr. p Johnson. Joe Vining,Planning Director made the staff presentation. On February 6, 2002, a public hearing was held for adopting of original zoning of District Planned Unit Development (PUD) No. 53 for 64.83 acres of land at that time the Planning and Zoning Commission recommended 13. 7 MAY 9, 2002 adoption of original PUD zoning. There will be an increase in commercial, single-family and multi-family development and accompanied tax revenue. ORDINANCE NO. AN ORDINANCE AMENDNIG THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDIANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT.A • PART OF THE SAID OFMCAL ZONING MAP, TO WIT: TO ADOPT ORIGINAL ZONING ON 64.83 ACRES OF LAND AND TO RE-ZONE 37.25 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS AS PLANNED UNIT DEVELOPMENT(PUD)NO. 53. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Gallahan seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson Abstain: Councilmember McGraw ACTION: The motion carried with 5 ayes and 1 abstention. MOTION: Councilmember Palmer moved to dispense with the second reading of the • ordinance with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson Abstain: Councilmember McGraw ACTION: The motion carried with 5 ayes and 1 abstention. RESOLUTIONS: 16.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with ELJH, Ltd. for the purchase of property located at 2015 Lamar Drive for additional city office space. Jim Nuse, Director of Public Works made the staff presentation. Staff is looking • into purchasing the property located on Lamar to accommodate emergency space needs for various departments. The cost will be $495,0000 from which$254,478 will come from savings from the McConico Building(2000 CO's) and $240,522 from General Self Financed Construction Funds. RESOLUTION NO. MAY 9, 2002 WHEREAS, the City desires to purchase property located at 2015 Lamar Drive for additional City office space, and WHEREAS, ELJH, Ltd. the owner of the property, has agreed to sell said property to the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with ELJH, Ltd. for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" 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. RESOLVED this 9th day of May, 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe • Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 16.A.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Villages at Warner Ranch PUD, L.P. for right-of-way for SH 45. Steve Sheets, City Attorney made the staff presentation. Villages at Warner Ranch PUD, L.P. donated approximately 2.5 acres for SH 45 right-of-way as part of PUD No. 42. The PUD also provided for the transfer of future abandoned right-of-way and surplus land west of A.W. Grimes when the A.W. Grimes right-of-way was finalized. This agreement transfers 0.78 acre of property pursuant to the PUD agreement. The agreement also purchases an additional 1.089 acres of additional right-of-way required to accommodate design changes for SH 45. The cost will be $98,747. This • will enable the City to acquire the needed right-of-way for A.W. Grimes and SH 45. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.882 acre tract of land and a 0.207 acre tract of land for additional right-of-way for the SH 45 Project, and WHEREAS, Villages at Warner Ranch PUD, L.P. the owner of the property, has agreed to sell said property to the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Villages at Warner Ranch PUD, L.P., for the purchase of the above ,I. 139 MAY 9,2002 described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" 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. RESOLVED this 9th day of May, 2002. • ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. *16.B.1. Consider a resolution authorizing the Mayor to execute a letter of agreement • with Frederick&HornsbL Inc. for appraisal services regarding the accluisition of property for the Municipal Office Center. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional appraisal services regarding the acquisition of property for the Municipal Office Center, and WHEREAS, Frederick & Hornsby, Inc. has submitted a letter of agreement to provide said services, and WHEREAS, the City Council desires to enter into said letter of agreement with Frederick &Hornsby, 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 letter of agreement with Frederick & Hornsby, Inc., for appraisal services regarding the acquisition of property for the Municipal Office Center, a copy of said letter of agreement being attached hereto as Exhibit"A" 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. RESOLVED this 9th day of May, 2002. *16.B.2. Consider a resolution authorizing the Mayor to execute an Assignment and Assumption Agreement with John Lewis and Jimmy Nassour regarding 65.65 acres at the intersection of U.S. 79 and CR 122. This item was approved under the consent agenda. RESOLUTION NO. MAY 9, 2002 WHEREAS, on February 28, 2002, the City of Round Rock entered into an Annexation and Development Agreement ("Agreement") for Roadway Facilities with John Lewis and Jimmy Nassour regarding 65.65 acres of land at the intersection of US 79 and CR 122, and WHEREAS, John Lewis and Jimmy Nassour are conveying a portion of the property to Centex Homes, which has agreed to the partial assignment and assumption of the Agreement, and WHEREAS, the City of Round Rock wishes to give its consent to the Partial Assignment and Assumption Agreement between John Lewis, Jimmy Nassour, and Centex Homes, 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 and Assumption Agreement with John Lewis, Jimmy Nassour, and Centex Homes, a copy of same being attached hereto as Exhibit "A" 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. RESOLVED this 9th day of May, 2002. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:49 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary • • 14 '1 MAY 23, 2002 The Round Rock City Council met in Regular Session on Thursday, May 23, 2002 in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER—7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr.,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan, Councilmember Gary Coe,Mayor Elect Nyle Maxwell, and Councilmember Elect Scot Knight. Also present were Assistant City Manager Joanne Land and City Attorney Steve Sheets. Mayor Stluka dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following items. SWEAR IN NEWLY ELECTED OFFICIALS: 6.A. MUor: Mayor-elect Nyle Maxwell was sworn into office by Governor Rick Perry. 6.B. Councilmember, Place 1: Councilmember-elect Tom Nielson was sworn into office by Governor Rick Perry. • 6.C. Councilmember, Place 4: Councilmember-elect Scot Knight was sworn into office by Governor Rick Perry. Mayor Stluka called for 10-minute recess so everyone could offer their congratulations to the newly sworn in elected officials. MAYOR AND COUNCIL COMMENTS Mayor Stluka read and presented a plaque of appreciation to Assistant City Manager Joanne Land whom is retiring after 32 years of faithful service to the City. Mayor Stluka expressed his appreciation and thanked Joanne Land and members of the Council that have served with him throughout the years. He welcomed the newly elected members. Councilmember Palmer thanked his wife, Mary Ann for her support throughout the years. • He also thanked friends Department Directors Council and city ty em ees that served with employees Y him. He offered congratulations to the newly elected officials. Councilmember Coe thanked Joanne Land, Mayor Stluka and Councilmember Palmer for the time they served together and he expressed his regret for a lack of time for getting to know Joanne. MAY 23, 2002 Councilmember McGraw thanked Mayor Stluka and Councilmember Palmer for being great friends and great teachers. Councilmember Pitt expressed her appreciation to Joanne Land, Mayor Stluka and Councilmember Palmer for all that they have done. Councilmember Gallahan congratulated Mayor Maxwell and Councilmember Knight, and welcomed back Mayor Pro-tem Nielson. She wished Mayor Stluka a good life and thanked • Councilmember Palmer for his service and wished him an enjoyable retirement. She added, it was a pleasure working with him. Mayor Pro-tem Nielson approached the podium and invited Mayor Stluka and Councilmember Palmer to join him. He presented each of them with a travel bag from the King Ranch from the Councilmembers and Directors. Mayor Pro-tem Nielson asked Mayor Maxwell and Councilmember Knight to join him at their places on the Council. SPECIAL PRESENTATIONS Mayor Maxwell presented with a plaque of appreciation to Councilmember Palmer for the service that he provided to the City of Round Rock as a Councilmember. Mayor Maxwell also bestowed the title of Historian Laureate of Round Rock to Councilmember Palmer. • Mayor Maxwell presented with a plaque of appreciation to Mayor Stluka for the service that he provided to the City of Round Rock as a Councilmember and Mayor. Former Mayor Charlie Culpepper presented Mayor Stluka with a special proclamation, which made Mayor Stluka an official member of the Memorial Order of the Memucans. Former Mayor Stluka presented Mayor Maxwell with his official gavel. Mayor Maxwell called for 10 minute recess so that everyone could extend to Mayor Stluka and Councilmember Palmer their thanks and good wishes. APPROVAL OF MINUTES: Regular Session of April 11, 2002, Regular Session of April 25, 2002 and Regular Session of May 9, 2002 Councilmember McGraw amended the minutes of April 11, 2002 noting that he had abstained on item 15.D.2. and asked that the vote be corrected to reflect that. MOTION: Councilmember Coe moved to approve the minutes as amended. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan MAY 23,2002 Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. At this point, Mayor Maxwell resumed the order of the agenda. CITIZENS COMMUNICATIONS • Ruth Koughan,Posey McClung and Dr. Jim Porter of the Senior Center, 211 Round Rock Ave., expressed their appreciation to Mayor Stluka, Councilmember Palmer and Mayor Pro-tem Nielson and presented flowers to their spouses. O'Barr Rost, 103 E. Main expressed his concern regarding the 100%masonry requirement for C-1 zoned properties in the new zoning ordinance. He added that this requirement would pose an undue burden to the small entrepreneur businesses and was not fair. He showed examples of businesses that are not all masonry. Judy Gregor, 1721 Windy Park Drive, express her support of masonry on all sides of a commercial or industrial building especially if the building backs up to a residential property. Kenneth Snyder, 4406 North Ridge, Austin expressed his concern regarding the water • situation in the North Ridge area. PRESENTATIONS: 9.A.1. Consider a presentation to discuss the development of a Public Transportation Master Plan for the City of Round Rock. Tom Word, Chief Traffic Engineer made the staff presentation. On November 8, 2001, the City Council approved entering into an agreement with P. B. Consults to develop a Public Transportation Master Plan for Round Rock. The consultant has been meeting with staff, gathering information and beginning analysis of the data. A Public Transportation Master Plan will provide the City an outline for planning the funding and implementation of future Public Transportation needs of the City. Mr. Word outlined the following highlights regarding the Plan. • The Plan will be developed for the City of Round Rock. • • It will evaluate how the Public Transportation system can link Round Rock to the surrounding communities. • The study is being conducted with no preconceived answers being interjected into the study. • The Plan will provide for the incremental implementation of Public Transportation. • Based upon projected readership and costs,the Plan will identify population ranges as targets for implementing expansions or changes in service. 14 ;4 MAY 23,2002 • The Plan will not have date targets. The major work elements are as follows: • Ridership Report • Alternative Service Plans and Vehicle Technology • OrganizationaUInstitutional Analysis • • Financial Plan • Development of Transportation Master Plan 9.B.1. Consider a presentation on a proposed ordinance to remove police officers from the City's employment-at-will policy and to establish a separate policy for administering disciplinary action for police officers. Paul Conner, Chief of Police made the staff presentation. He explained that due to the nature of a police officer's job—coupled with the public scrutiny of a police officers actions—it was imperative that police officers be held to the highest standard of conduct. Just as police officers are held to a high standard, they must also be afforded a fair and impartial process to review disciplinary action taken against them. Chief Conner outlined points concerning the proposed ordinance that would be presented • for the first reading at the June 13, 2002 City Council meeting. He added that the ordinance would establish a comprehensive process to address disciplinary action in addition to establishing a fair and impartial system to review the resulting disciplinary action. Also that no city policy currently addresses these issues as they relate to Police Officers of the Round Rock Police Department. This policy has been in development for more than two years and is supported by City staff, as well as many officers of the Round Rock Police Department. PUBLIC HEARINGS: 10.A.1. Consider public testimony regarding funding for Community Development Block Grant programs in fiscal year 2002-2003. Mona Ryan, Community Development Coordinator made the staff presentation. A maximum of 15% of the annual Community Development Block Grant award can be allocated for public services. For the first time, requests • for funding exceeded the amount available by$130,000. Mayor Maxwell opened the public hearing. This public hearing gave agencies an opportunity to highlight the programs they are seeking funding. 14.5 MAY 23, 2002 Ebby Green of the Round Rock Housing Authority expressed her support of the Community Development Block Grant programs. Rick Atkins of the Parks and Recreation expressed his support on behalf of the Senior Center. Mary Moellenberg of the Parks and Recreation expressed her support on behalf of the • summerouth activities conducted at the Clay Madsen Recreation Center. Y Y Rosemary Lee expressed her support on behalf of the Children's Support Coalition Pat Patterson of the Volunteer Center expressed her support on behalf of the Coats for Kid Program. Rufus Honeycutt, 3009 Cedar Elm Lane, expressed his support on behalf of the Crisis Center improvements. There being no further testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed • from the consent agenda. *12.A.1. Consider an ordinance authorizing the placement of stop signs on Hamlet Cove at its intersection with Hamlet Circle and on Penwood Cove at its intersection with Hamlet Circle. (Second Reading) *12.A.2. Consider an ordinance authorizing the placement of a stop sign on Tom Gary Court at its intersection with IH 35. (Second Reading) *12.A.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Ryan's Crossing, Section 3 Subdivision. (Second Reading) *12.B.1. Consider an ordinance amending Chapter 3, Section 3.1100 of the Round Rock Code of Ordinances regarding protected tree provisions. (Second Reading) *12.B.2. Consider an ordinance naming the newly constructed portion of State Highway • Louis Boulevard. First Reading) 45,IH-35 west to the Crtv Limits, as Lo s Henna ( g) *13.B.1. Consider a resolution authorizing the City Manager to reimburse Catherine Gavle Teer$4,412 in additional moving expenses in connection with the South Mays Extension project. MOTION: Councilmember Pitt moved to approve all the items listed on the consent agenda. Councilmember McGraw seconded the motion. 1-,,.4 6 MAY 23, 2002 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe ' Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • MOTION: Councilmember Coe moved to dispense with the second reading of the ordinance for item 12.13.2. with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. ORDINANCES: *12.A.1. Consider an ordinance authorizing the placement of stop signs on Hamlet Cove • at its intersection with Hamlet Circle and on Penwood Cove at its intersection with Hamlet Circle. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF HAMLET COVE AND HAMLET CIRCLE, AND PENWOOD COVE AND HAMLET CIRCLE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.A.2. Consider an ordinance authorizing the placement of a stop sign on Tom Gary Court at its intersection with 1H 35. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE • INTERSECTION OF TOM GARY COURT AT IH 35 AS A STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.A.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Ryan's Crossing, Section 3 Subdivision. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. MAY 23,2002 AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF ROBERTO CLEMENTE LANE AND NOLAN RYAN BOULEVARD, ROBERTO CLEMENTE LANE AND ROD CAREW DRIVE, YOGI BERRA WAY AND ROBERTO CLEMENTE LANE, AND YOGI BERRA WAY AND NOLAN RYAN BOULEVARD AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.13.1. Consider an ordinance amending Chapter 3, Section 3.1100 of the Round Rock • Code of Ordinances regarding rotected tree provisions. Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING CHAPTER 3, SECTION 3.1100, OF THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS PERTAINING TO LANDSCAPING REQUIREMENTS; REPEALING CERTAIN LANDSCAPING REQUIREMENTS; AMENDING TREE PROTECTION REQUIREMENTS; PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING FOR THE REPEALING OF CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE AND PENALTY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. *12.13.2. Consider an ordinance naming the newly constructed portion of State Highway 45, IH-35 west to the city limits, as Louis Henna Boulevard. (First Reading) Second reading dispensed. • ORDINANCE NO. AN ORDINANCE NAMING THE NEWLY CONSTRUCTED PORTION OF STATE HIGHWAY 45, IH-35 WEST TO THE CITY LIMITS, AS LOUIS HENNA BOULEVARD; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 12.13.3. Consider an ordinance adopting the revised Zoning Ordinance. (Second Reading) Joe Vining,Planning Director made the staff presentation. This item was tabled at the May 91h Council meeting and opened for further discussion at the May 23rd Council meeting. Mr. Vining provided the Council with a memorandum regarding side and rear setbacks, which was a concern that was brought up. Staff has discussed the proposed setbacks with the Fire Marshall and Chief Building Official and they supported staff's recommendation that the side and rear setbacks for the following Districts: C-1 (General Commercial), C-2 (Local • Commercial), OF (Office),BP (Business Park), LI(Light Industrial), I(Industrial), and PF (Public Facilities)Districts be changed from 0 or 25 feet to 0 or 10 feet. This means that the setback shall be 10 feet, except those common walls that are not required to have a setback. The setback may be increased based on current fire and building codes. ORDINANCE NO. AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 11 OF THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING MAY 23, 2002 ZONING; AND ENACTING REVISED ZONING REGULATIONS AND DISTRICTS IN ACCORDANCE WITH THE CITY CHARTER AND THE GENERAL PLAN 2000; ESTABLISHING ZONING DISTRICTS• REGULATING WITHINH DISTRICTS,STRICTS THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, LOT COVERAGE, THE DENSITY AND DISTRIBUTION OF POPULATION; THE USES OF LAND, BUILDINGS AND STRUCTURES; AND FOR SAID PURPOSES, DIVIDING THE CITY OF ROUND ROCK, TEXAS INTO DISTRICTS; AND REGULATING THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR AND USE OF BUILDINGS, STRUCTURES, OR LAND WITHIN SUCH DISTRICTS; AND PROVIDING UNIFORM REGULATIONS FOR THE SEVERAL CLASSES AND KINDS OF • BUILDINGS OR STRUCTURES AND USES WITHIN THE DISTRICTS; ADOPTING A ZONING MAP DISCLOSING THE SEVERAL USE DISTRICTS, AND THE RESTRICTIONS AND LIMITATIONS AND PROVISIONS APPLICABLE TO SUCH DISTRICTS; AND PROVIDING FOR A BOARD OF ADJUSTMENT AND DEFINING THE POWERS OF SAME; AND PROVIDING CERTAIN PENALTIES AND REMEDIES; PROVIDING FOR A SAVINGS CLAUSE AND PENALTY CLAUSE; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Councilmember Pitt moved to adopt the ordinance with the stated change regarding setbacks in the memorandum provided by staff. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell • Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 13.A.1. Consider a resolution naming a plMscape at Old Settlers Park at Palm Valley after Joanne Land. Sharon Prete,Parks and Recreation Director made the staff presentation. The City Council has determined that it is appropriate to recognize Joanne Land's 32 years of service to the City of Round Rock by naming the Aten Loop cul-de-sac playground in honor of Joanne. Mayor Pro-tem Nielson read the following statement: "Some years from now one child will ask another `Who is Joanne Land?' The answer will probably go like this...`I don't know but she must have been pretty important, she must have done lots of good things and she must have liked little kids'...and they will be right. Joanne will continue to serve as a"mentor" from afar. RESOLUTION NO. WHEREAS, in honor of Joanne Land's 32 years of service to the City of Round Rock, the City Council wishes to name a playscape at Old Settlers Park at Palm Valley, as shown on the attached Exhibit"A", the Joanne Land Playground,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 1F4 �9 MAY 23,2002 That a playscape at Old Settlers Park at Palm Valley, as shown on the attached Exhibit "A", is hereby named the Joanne Land Playground in honor of Joanne Land's 32 years of service to the City of Round Rock. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of May 2002. • NYLE MAXWELL Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • *13.B.1. Consider a resolution authorizing the City Manager to reimburse Catherine Gavle Teer$4,412 in additional moving expenses in connection with the South Mays Extension -project. This item approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock, as Grantee, and Catherine Gayle Teer, as Grantor, have entered into a real estate contract for the purchase of Lot 22, South Park Addition for the South Mays extension project, and WHEREAS, as part of the consideration of said purchase, the City has offered to reimburse Catherine Gayle Teer, for certain reasonable and necessary relocation and moving expenses, and WHEREAS, by Resolution No. R-99-09-23-10E6, the Council approved up to $20,000 in relocation and moving expenses, and WHEREAS, the reasonable and necessary relocation and moving expenses will exceed the original estimate, and WHEREAS, the Council wishes to approve an additional $4,412 in relocation and moving expenses,Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized to reimburse Catherine Gayle Teer up to an additional $4,412 in reasonable and necessary relocation and moving expenses associated with her move from the house located on Lot 22, South Park Addition. 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 23rd day of May, 2002. l �5 MAY 23, 2002 13.C.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Contract for Engineering Services with Chiang,Patel &Yerby, Inc. for the construction of water and sewer facility adjustments within the proposed FM 1460 Roadway Reconstruction Project, Tom Word, Chief Traffic Engineer made the staff presentation. The City . Council approved an engineering contract as Resolution No. R-01-12-20-1OD9 at it's regular council meeting on December 20 2001. This original contract expires May 31, 2002. In order for Chiang, Patel, &Yerby, Inc.,to complete their scope of work they need an additional two months. No additional costs are associated with this time extension and the time extension will allow the engineer to complete the City's scope of work under the original contract. Staff recommended extending the termination date until July 31, 2002. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services with Chiang, Patel & Yerby, Inc. for the construction of water and sewer facility adjustments within the proposed FM 1460 Roadway Reconstruction Project, and WHEREAS, Chiang, Patel & Yerby, Inc. has submitted Supplemental Agreement No. 1 to the Contract for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Chiang, Patel&Yerby, 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 Contract for Engineering Services with Chiang, Patel & Yerby, Inc. to extend the contract date, a copy of said agreement being attached hereto as Exhibit "A" 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. RESOLVED this 23rd day of May, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 1 :51 MAY 23, 2002 13.C.2. Consider a resolution authorizing the Mayor to execute Supplemental Ajreement No. 3 to the Contract for Engineering Services with Earth Tech Transportation Services, Inc., for a change in the scope of services which includes the design plan profile sheets, and contract documents for a wall for Dell Way Boulevard at Mays Street. Tom Word, Chief Traffic Engineer made the staff presentation. At its regularly scheduled meeting on • November 24, 1998, the Ci Council approved the original contract as Resolution No. 98-11-24- tY Pp 14C1 to have Earth Tech Transportation Services Inc.,provide services for the preparation of schematics, environmental documents, right-of-way documents,plans, specifications, and estimates for the realignment of South Mays Street. The Council approved Supplemental Agreement No. 1 on November 21, 2000, which extended the contract and provided for construction inspection services. The approval of Supplemental Agreement No. 2 on December 20, 2001 allowed Earth Tech to provide design for the wall for Dell Way at South Mays Street. This Supplemental Agreement No. 3 will allow for the timely design of the barrier wall between houses and traffic at Dell Way and Mays Street by a contractor already familiar with the project. The cost will be $7,144.75. • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services with Earth Tech Transportation Services, Inc. for the preparation of schematics, environmental documents, right-of-way documents, plans, specifications, and estimates for the realignment of South Mays Street, Dell Way, Hester's Crossing, and the extension of Gattis School Road from South Mays Street to the IH 35 East Frontage Road, and WHEREAS, Earth Tech Transportation Services, Inc. has submitted Supplemental Agreement No. 3 to the Contract for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 to the Contract for Engineering Services with Earth Tech Transportation 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 Supplemental Agreement No. 3 to the Contract for Engineering Services with Earth Tech Transportation Services, Inc. for a change in the scope of services, a copy of said agreement being attached hereto as Exhibit"A" 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. RESOLVED this 23rd day of May, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 15 -2 MAY 23,2002 MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe • Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 13.C.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 to the Contract for Engineering Services with Earth Tech Transportation Services Inc., for a change in the scope of services to modify the plans, specifications, and contract documents for the bridge from Dell Way to'the Boardwalk Shopping Center. Tom Word, Chief Traffic Engineer made the staff presentation. At its regularly scheduled meeting on November 24, 1998,the City Council approved the original contract as Resolution No. 98-11-24- 1401 to have Earth Tech Transportation Services Inc.,provide services for the preparation of schematics, environmental documents, right-of-way documents, plans, specifications, and estimates for the realignment of South Mays Street. The Council approved Supplemental • Agreement No. 1 on November 21, 2000,which extended the contract and provided for construction inspection services. The approval of Supplemental Agreement No. 2 on December 20, 2001 allowed Earth Tech to provide design for the wall for Dell Way at South Mays Street. Supplemental Agreement No. 3 allowed for a change in the scope of services to: (1)provide plan,profile sheets detailing a mortared rock wall at Dell Way, and(2)provide plan, specifications and contract documents for a fence that will serve as a visual and sound barrier at the intersection of Dell Way and Mays Street. This Supplemental Agreement No. 4 will allow for the timely design of the bridge by an engineer already familiar with the project, ultimately improving access to the site. The cost will be $5,306.45 RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services with Earth Tech Transportation Services, Inc. for the preparation of schematics, environmental documents, right-of-way documents, plans, specifications, and estimates for the realignment of South Mays Street, Dell Way, Hester's Crossing, and the extension of Gattis School Road from South Mays Street to the IH 35 East Frontage Road, and WHEREAS, Earth Tech Transportation Services, Inc. has submitted Supplemental Agreement No. 4 to the Contract for Engineering Services for a change in the scope of services, and 1 -5 3 MAY 23, 2002 WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 4 to the Contract for Engineering Services with Earth Tech Transportation 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 Supplemental Agreement No. 4 to the Contract for Engineering Services with Earth Tech Transportation Services, Inc. for a change in the scope of services, a copy of said agreement being attached hereto as Exhibit"A" 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. RESOLVED this 23rd day of May, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan • Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 13.C.4. Consider a resolution authorizing the Mayor to execute a contract with the low bidder Dayco Construction Company for the La Frontera Downstream Drainage Improvements Project. Jim Nuse,Director of Public Works made the staff presentation. The Council approved a "Developer Participation Contract for Public Improvements for Stormwater System Improvement for the Storm Sewer/Drainage"with the developers of LaFrontera for the construction of drainage improvements downstream from the development. The City received eight bids, two did not certify receiving the addendum, hence were not accepted. Bids came within the budgeted funds available for the project. Dayco Construction Company submitted the lowest bid of • $171,326, which chis within the budgeted funds for this project. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the LaFrontera Downstream Drainage Improvements Project, and WHEREAS,Dayco Construction Company has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Dayco Construction Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, MAY 23, 2002 That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Dayco Construction Company for the LaFrontera Downstream Drainage hnprovements 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. RESOLVED this 23rd day of May, 2002. NYLE MAXWELL, Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: • 14.A. Consider appointing the Planning Zoning Commission and an Ad Hoc Member as the Capital Improvements Advisory Committee. Joe Vining, Planning Director made the staff presentation. Section 395.058 of the Local Government Code requires the Council to appoint a Capital Improvements Advisory Committee composed of not less than five members,prior to the adoption of land use assumptions, a capital improvements plan and impact fees. The Code authorizes the Planning and Zoning Commission to act as the advisory committee if the commission includes at least one representative of the real estate, development, or building industry who is not a city employee or official. The current Planning and Zoning Commission meets this criteria. The Local Government Code stipulates that if an impact fee is to be applied in the extraterritorial jurisdiction, the advisory committee membership must include a representative from that area. The current water and wastewater impact fees are being reviewed in light of changes in legislation. Since there were no applicants for an Ad Hoc Member position, this will be brought back to the next Council meeting. 15- MAY 23,2002 MOTION: Councilmember Pitt moved to appoint the Planning and Zoning Commission as the Capital Improvements Advisory Committee. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt • Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. MAYOR AND COUNCIL COMMENTS: Mayor Maxwell, Councilmember Knight and Councilmember Nielson thanked their families, friends and citizens for all their support. ADJOURNMENT There being no further business, the meeting adjourned at 9:29 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary • JUNE 4,2002 The Round Rock City Council met in a Special Called Session on Tuesday, June 4, 2002 in the City Council Chamber, 221,E. Main Street. CALL SPECIAL SESSION TO ORDER— 11:00 A.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Isabel Gallahan and Councilmember Coe. Also present were City • Manager Bob Bennett and City Attorney Steve Sheets. NEW BUSINESS: 3.A. Consider receipt of the update of the land use assumptions, ca ital improvement plan and proposed amendments to the City's water and wastewater impact fees. Joe Vining, Planning Director made the staff presentation. S.D. Kallman, Engineers and Environmental Consultants has completed the update of the Land Use Assumptions, Capital Improvement Plan . and associated cost required to amend impact fees for water and wastewater. The current water and wastewater impact fees are being reviewed in light of changes in the legislation. The new fees will reflect updated costs. Bob Bennett gave a brief history on the impact fees that the City collects. • MOTION: Councilmember Pitt moved to accept the updated Land Use Assumptions, Capital Improvement Plan and proposed amendments to the City's water and wastewater impact fees. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 4.A. Consider a resolution setting the date, time and place of a public hearing to discuss and review the proposed amendments to the land use assumption, capital improvement plan and water and wastewater impact fees. Joe Vining, Planning Director made the staff presentation. Section 395.053 of the Texas Local Government Code requires the Council to set a date, time and place of a public hearing to discuss and review the proposed amendments to the Land Use Assumptions, Capital Improvement Plan and proposed Impact Fees. The public hearing must be 157 JUNE 4,2002 .advertised a minimum of 30 days prior the hearing date. The proposed date, time and place for the public hearing is July 11, 2002 at 7:00 p.m. in the City Council Chamber. The public hearing will be advertised in the Round Rock Leader on June 10, 2002. RESOLUTION NO. WHEREAS, on this date the City Council received an update regarding amendments to • the land use assumptions, capital improvements plan, and the City's water and wastewater impact fees, and WHEREAS, pursuant to §395.054, Local Government Code, a public hearing is required to discuss the proposed amendments to the land use assumptions, the capital improvements plan, and the water and wastewater impact fees, and WHEREAS, pursuant to §395.053, Local Government Code, the City Council must set said public hearing,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That on the 11th day of July, 2002, at 7:00 o'clock p.m., in the City Council Chambers, City of Round Rock, Texas, the City Council will hold a public hearing to consider amendments to the land use assumptions, the capital improvements plan, and the water and wastewater impact fees, and BE IT FURTHER RESOLVED, That the City Secretary is hereby authorized and directed to publish notice of the hearing before the 30th day before the date set for the hearing, in one or more newspapers of general ,circulation in Williamson and Travis Counties in the format required by §395.055, Local Government Code. 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 4th day of'June 2002. Nyle Maxwell,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None • ACTION: The motion carried unanimously. APPOINTMENTS: S.A. Consider the appointment of an Ad hoc Member to the Capital Improvement Advisory Committee to represent the City's Extraterritorial Jurisdiction. Joe Vining,Planning Director made the staff presentation. Pursuant to Section 395.058 of the Texas Local Government Code, the Council appointed the Planning and Zoning Commission to act as the JUNE 4, 2002 Capital Improvements Advisory Committee. The Texas Local Government Code also stipulates that if an impact fee is to be applied in the extraterritorial jurisdiction,the Capital Improvements Advisory Committee membership must include a representative from the Extraterritorial Jurisdiction(ETJ). Mayor Maxwell opened the floor for nominations. Jim Boles was nominated. MOTION: Councilmember Coe moved that nominations cease and to appoint Jim Boles • as the Ad Hoc Member to the Capital Improvement Advisory Committee by acclamation. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 11:11 a.m. Respectfully Submitted, • &stin.'eR. Martinez, City Secretary • 15- JUNE 13, 2002 The Round Rock City Council met in Work Session and Regular Session on Thursday, June 13, 2002 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 Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot • Knight, and Councilmember Isabel Gallahan. Councilmember Gary Coe was absent. Also present were City Manager Bob Bennett and City Attorney Steve Sheets. WORK SESSION: 3.A.1. Consider a presentation regarding the status of the City's water system and leak detection and repair program. Tom Clark,Utility Director gave an update on the water service outage on June 6th. He added that a contractor who had not followed the"before you dig" process cut a 12"water main near FM3406 and I11-35. Approximately 1,000 homes and 12 businesses were affected. Water service was out for approximately 3 hours. Due to the size of the affected area and because disinfecting could not be done quickly enough to ensure the public, a health notice to boil water was issued. State law requires that if water system pressure drops below 20PSI this notice must be issued. The notices were hand delivered and taped on front • doors. Twenty-eight samples were taken to ensure no contamination before the all-clear notice was given. Staff is investigating ways to improve notification procedures. Mr. Clark proceeded with a presentation on the status of the water system for the next two summers as well as the status of Lake Georgetown and the Stillhouse Hollow line. Mr. Clark outlined the following information regarding the City's wells and storage. • 19 storage tanks with capacity of 18.25 million gallons • 5 wells with capacity of 4.5 to 8.5 MGD • Surface water treatment plant capacity 30 MGD • Between the 5 wells and the treatment plan, can safely deliver 36 MGD • Current average flow: 22,350,000 • The peak usage of 29,484,000 gallons occurred July 17, 2000. 3.A.2. Consider a presentation on the Overall Sidewalk Plan for the City of Round Rock. Ruth Haberman, Chief Design Technician gave the staff presentation. The Public Works • Department has been working on an inventory of existing sidewalks in the City and has prepared a preliminary layout of areas in which to use the G.O. Bond funds designated for sidewalks that was approved by voters last November. This preliminary layout proposes sidewalk installation along one side of numerous streets throughout the City where there is a need due to traffic on the respective street; to improve walking routes to schools and parks; and to provide more continuous pedestrian routes by filling in existing gaps. As part of the process, the Parks and JUNE 13, 2002 Recreation Department and Planning Department were included in the discussion of the known needs.Neighborhood Plans were incorporated into the layout as much as possible and when the need was apparent connections were made to existing trails. The Overall City Sidewalk Plan provides a representation of how much will be able to be accomplished with the G. O. Bond funds and the limitations regarding needed sidewalks. The Plan also includes a map that can be viewed and altered if necessary in planning and phasing the spending of the bond funds that have • been allocated to sidewalks. According to the cost estimates, there are more sidewalks,which are needed than there are funds to pay for them. This plan is not final and will need to be adjusted. The areas where Community Development Block Grants can cover the costs still need to be verified and prioritizing and phasing have not been addressed. Ms. Haberman proceeded by providing an overview of the layout that showed staff s recommendation for the areas that could be accomplished with the funds available and for the locations of new sidewalks. The current cost of the Sidewalk Project will be$1,000,000 from General Obligation Bonds and Community Development Block Grants. 3.A.3. Consider a presentation regarding the status of the City's process for determining the qualifications of engineering and architectural firms for the 2001 General Obligation Bond • Protects and the Round Rock Transportation System Development Corporation road projects. Rick Atkins, Assistant Parks and Recreation Director made the staff presentation. The teams have completed their interviews for architectural and engineering services for the G. O. Bond Projects. The following firms were recommended for Major and Minor Road Projects: • CHISHOLM TRAIL(SAM BASS TO FM 3406) Recommended Firm: Rodriguez Transportation Group Cost Estimate:$6,160,000 Design Timeframe: Bond Issuance 1 "6ko� c 9"t • CHISHOLM PARKWAY EXTENSION Recommended Firm: Rodriguez Transportation Group Cost Estimate: $1,300,000 Design Timeframe: Bond Issuance 1 - a d • CREEK BEND DR. (EXISTING ND TO WYOMING PRIM S) Recommended Firm: PBS&J Cost Estimate: $5,175,000 Design Timeframe: Bond Issuance 1 a : )eod u'gu& -- uses • AUSTIN AVENUE AND LIBERTY AVENUE Recommended Firm: Roming &Parker Cost Estimate: $3,895,000 Design Timeframe: Bond Issuance 2 j afr, - Pss �T JUNE 13, 2002 • EGGER ACRES -DENNIS DRIVE IMPROVEMENTS Recommended Firm: S.D. Kallman Cost Estimate: $1,570,000 Design Timeframe: ond Issuance 2 n Ja /1.2.Q.Q1L, f • ROUND ROCK WEST Recommended Firm: Lockwood, Andrews and Newman • Cost Estimate: $1,775,000 Design Timeframe Bond Issuance 1 P A b, � �(lP • LEDBETTER STREET - CLARK STREET (WEST TO DEAD END) Recommended Firm: Freese &Nichols Cost Estimate: $280,000 Design Timeframe: Bond Issuance 1 ' pas4y 1 • DOWNTOWN STREET 0 Recommended Firm: Baker-Aicklen Cost Estimate: $2,190,000 Design Timeframe: Bond Issuance 1 6LObjuil,o-tta).- 71t-raj The following firms were recommended for Building Projects: • CITY HALL-MUNICIPAL OFFICE CAMPUS Recommended Firm: Page Southerland Page Cost Estimate: $11,845,000 Design Timeframe: Bond Issuance 3 WhA#O-tU .' 80�� BA&/Ma4kJ- • PUBLIC WORKS EXPANSION BUILDING Recommended Firm: Moman Architects, Inc. Cost Estimate: $700,000 Design Timeframe: Boj4d Issua ce 1 Mlaff LOU&106af • FIRE STATION NO. 2 Recommended Firm: Croslin&Associates, Inc. Cost Estimate: $1,625,000 Design Timeframe: Bond Issuance 1 2r&t�3 P • FIRE STATION NO. 6 Recommended Firm: Opus 3, Architects &Planners Cost Estimate: $2,300,000 Design Timeframe: Bond Issuance 1 • POLICE HEADQUARTERS �DG� • Recommended Firm: Brinkley Sargent Architects Cost Estimate: $6,570,000 Design Timeframe: Bond Issuance 1 P A. OJ-O OCA ab-/,L) Tiq0 ,1i-P • RECREATION CENTER-WEST SIDE Recommended Firm: Pfluger Wiginton Hooker Architects Cost Estimate: $7,000,000 Design Timeframe: Bond Issuance 3 ; a ' The following firms were recommended for Sidewalk Projects: :':1-16 JUNE 13, 2002 • SIDEWALK IMPROVEMENTS PHASE I- SEGMENT 1 Recommended Firm: K.C. Engineering, Inc. Cost Estimate: $333,000 Design Timeframe: Bond Issuance 1 DCL��O�CIC�,�2A.� • SIDEWALK IMPROVEMENTS PHASE I- SEGMENT_2 Recommended Firm: Bury+Partners Cost Estimate: $333,000 Design Timeframe: Bond Issuance 2 • • SIDEWALK IMPROVEMENT PHASE I- SE MENT 3 Recommended Firm: Fisher-Hagood Cost Estimate: $333,000 Design Timeframe: Bond Issuance 3 8a vl. 0-�C�4-JCho ocsc e a>,�rz ate.�- P • COUNTY RD. 122 (GATTIS SCHOOL RD. TO CR 123) Recommended Firm: Baker-Aicklen&Associates, Inc. Cost Estimate: $1,010,000 Design Timeframe: Bond Issuanqf 2 k.C. • FOREST CREEK SIDEWAL AND SAFET Ev1PROVEMENT,S Recommended Firm: Fisher-Hagood Cost Estimate: $250,000 Desi Timeframe: Bond Issuance 2 • CORRIDOR ENHANCEMENT PROGRAM-PHASE I • Recominended Firm: Fisher-Hagood Cost Estimate: $140,000 Design Timeframe: Bond Issuanc�e�l� v 8 + • CORRIDOR ENHANCEMENT PROGRAM-PHASE 2 Recommended Firm: Fisher-Hagood Cost Estimate: $140,000 Design Timeframe: Bond Issuance 2 • CORRIDOR ENHANCEMENT PROGRAM -PHASE 3 Recommended Firm: Fisher-Hagood Cost Estimate: $140,000 Design Timeframe: Bond Issuance 3 The following firms were recommended for Drainage Projects: • SOUTH CREEK CHANNEL IMPROVEMENTS Recommended Firm: Espy Consultants, Inc. • Cost Estimate: $1,780,000 Design Timeframe: Bond Issuance 1 L�^-dW� t KLLP • BOWMAN ROAD D"IMPROVEMENTS Recommended Firm: Roming, Parker, &Kasberg, LLP Cost Estimate: $1,500,000 Design Timeframe: Bond Is su c��;�/Yl�.�/ JUNE 13, 2002 • MESSICK LOOP-HUNLAC TRAIL CHANNEL IMPROVEMENTS Recommended Firm: Freese and Nichols, Inc. Cost Estimate: $640,000 Design Timeframe: Bond Issuance 3 4 P4 When a project is to begin,the44o/ mended fiMill be con ctenegotiate a design contract. If a suitable agreement cannot be reached, the discussions will be terminated and the • next firm will be contacted. The contract will then be brought forward to the Council for approval when appropriate. Two of the street projects have been reserved for Round Rock firms. In addition, the selected firms will be required to use Round Rock firms for 15% or greater of the contract fee. There being no further discussion, the Work Session adjourned at 6:45 p.m. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, and Councilmember Isabel Gallahan. Councilmember Gary Coe was absent. Also present were City Manager Bob Bennett and City Attorney Steve Sheets. • CITIZENS COMMUNICATIONS: 7.A. Pat Patterson of the Volunteer Center will address the Council regarding Allen Baca being this year's recipient of the Points of Light Foundation Award. Charlie Culpepper, 1901 Shadowbrook read the following statement. "Allen R. Baca, of Round Rock, Texas,has been selected as the Daily Point of Light for Friday, June 21, 2002. He was presented with the national award on May 23,by Pat Patterson, Executive Director of Round Rock Volunteer Center on behalf of the Points of Light Foundation and the Volunteer Center National Network. Allen Baca volunteered weekends for 16 years with the Bell County Jail's GED Program. From 1980 to 1993, Allen worked with the Department of Aging, where he suggested using a bar code as opposed to a lot of paper for tracking. He started a GED Program for seniors,which soon became a senior literacy program. As a result of this literacy program, • several senior centers around the state participated in the first Senior Spelling Bee. The Daily Points of Light Award is given by The Points of Light Foundation and the Volunteer Center National Network, in partnership with the Knights of Columbus and the Corporation for National Service. It is designed to honor individuals and organizations who have made a commitment to connect Americans through service to help meet critical need in their communities and in the nation, especially those focused on the goals for children and youth set by the President's JUNE 13, 2002 Summit for America's Future. For demonstrating volunteer service that meets all of these criteria, Allen Baca is truly deserving of recognition as a Daily Point of Light." Charlie Culpepper, 1901 Shadow Brook,presented Bob Bennett with the Community Builder Award from the Masonic Grand Lodge of Texas. Kenneth Snyder, 4406 North Ridge, Austin, expressed his concern regarding the water situation in Northridge Acres which is located outside the city limits of Round Rock. • Susan Moss, 2608 Willow Way,presented a challenge to the various neighborhoods to have a can food drive to benefit the Serving Center. Arnold Coley, 1114 Sunbeam Cove, thanked the Council and staff for the improvements to the Mesa Village/ Sunrise Road Corridor. Missy Watson, 1706 White Oak Loop, Vice President of the Woods Subdivision thanked Council for their interest in the Sidewalk Improvement Project. John Latchford, 1904 Blackjack Cove, expressed his appreciation for the Sidewalk Improvement Project. PROCLAMATIONS: 8.A. Consider a proclamation proclaiming June 15 through June 22, 2002 as Families • Joining Hands Week. Mayor Maxwell read the following proclamation and presented it to members of the various area churches who were in attendance. Whereas, the family is the basic unit that knits together human society; and Whereas, the family is the single most important factor in helping to shape the values and character of our citizens; and our best hope for a brighter future lies in the children being nurtured in today's families; and Whereas, the City of Round Rock values its children and families as integral parts of a healthy,thriving community; and Whereas, it is appropriate to set aside a week to honor and promote strong family ties; and Now Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby designate the week of June 15th—22"a, 2002 as "FAMILIES JOINING HANDS WEEK" in the City of Round Rock, and hereby set that week aside as an appropriate occasion to celebrate family life. Proclaimed this 13th day of June, 2002. There will be a Families Joining Hands mid-day festival on Saturday, June 15th to honor families and celebrate Juneteenth. • 8.B. Consider a proclamation proclaiming June 14, 2002 as Flag Day. Mayor Maxwell read the following proclamation and presented it to Wiley Gilmore. Whereas, by Act of Congress of the United States dated June 14, 1777, the first official Flag of the United States was adopted; and Whereas, by Act of Congress dated August 3, 1949, June 14 of each year was designated "NATIONAL FLAG DAY"; and Whereas, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom, to the rule of all, and to equal rights for all; 1 t,65 JUNE 13,2002 Now, Therefore, I, Nyle Maxwell, Mayor, of the City of Round Rock, Texas do hereby proclaim June 14, 2002 as "FLAG DAY" in the City of Round Rock and urge all citizens to join all Americans in reciting the Pledge of Allegiance to the United States of America on this day. Proclaimed this 13th day of June, 2002. A flag and veterans Remembrance Day ceremony will be held on Friday, June 14th at the Round • Rock Senior Center. There will be memorabilia for viewing. PRESENTATIONS: 9.A. Continuation of presentations not addressed during the Work Session. All the presentation were completed during the Work Session. PUBLIC HEARINGS: 10.A.1. Consider public testimony regarding the draft 2003-2005 Community Development Consolidated Plan and the companion 2002-2003 Community Development Annual Action Plan. Mona Ryan, Community Development Coordinator made the staff presentation. The 2002-2003 Community Development Annual Action Plan(LDAP) identifies how the city will use federal resources to meet priority community needs. The overall goal of the CDAP is to identify resources which will improve the lives of Round Rock residents by: • providing homeownership assistance; improving neighborhoods; providing economic opportunities; providing public services assistance; and delivering needed services. In accordance with federal regulations, the City prepared a 3-year Consolidated Plan which included a needs assessment, a list of priority community needs, and strategies to address priority needs. This draft 3-year plan readopts the previous plan with minor amendments to the citizen participation plan. A major revision will be made when the census data is available at the block group level. This information is anticipated to be ready by 2004, according to the Department of Housing and Urban Development. The companion annual plan identifies activities to be carried out in the next fiscal year. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. • 10.A.2. Consider public testimony regarding amending Warner Ranch PUD No. 42 to include 0.78 acres of land out of the Memucan Hunt Survey, A-314 in Williamson County Texas. Jim Stendebach, Assistant Planning Director made the staff presentation. This property has been recently annexed and has no previous zoning history. The PUD amendment adds 0.78 acres to parcel 6 (the commercial tract) in the current Warner Ranch PUD No. 42. Development is subject to the same standards and regulations in the original PUD. This amendment will allow L&6 JUNE 13, 2002 the consolidation of an abandoned portion of County Road 170 and a small parcel of land abutting the new alignment of A.W. Grimes Boulevard into the abutting commercial tract. The City is transferring this 0.78 acre tract as part of a land exchange for SH 45 right-of-way. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: • The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items. Item 12A was withdrawn from the consent agenda and will be addressed on the June 27, 2002 agenda. *12.A. Consider approval of the City Council minutes for the Regular Session of May 23, 2002 and Special Called Session June 4, 2002 This item was withdrawn from the agenda. *14.A.1. Consider a resolution authorizing the City Manager to issue a purchase order in the amount of$42,508 to Magnum Trailers for the purchase of an air trailer for the Fire Department. *14.B 1. Consider a resolution authorizing the Mayor to make the necessary grant application to the U.S. Department of Justice for the COPS Universal Hiring Program to partially • fund twelve full-time officers. *14.B 2. Consider a resolution authorizing the Mayor to execute an Addendum to the Interlocal Agreement for In-School Officers with the Round Rock Independent School District. *14.G.l. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Contract for Engineering Services with Alliance-Texas Engineering Company for the design of traffic signals. MOTION: Councilmember McGraw moved to approve all the remaining items listed in the consent agenda. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan • Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *12.A. Consider approval of the City Council minutes for the Regular Session May 23, 2002 and Special Called Session June 4, 2002. This item was withdrawn from the consent agenda and will be addressed on the June 27, 2002 agenda. 167 JUNE 13, 2002 ORDINANCES: 13.A.1. Consider an ordinance amending Chapter 7, Personnel, of the Round Rock Code of Ordinances by adding Section 7.500,Police Department Disciplinary Procedure. (First Reading) Paul Conner, Chief of Police made the staff presentation. This ordinance establishes a comprehensive process to address disciplinary action in addition to establishing a fair and • impartial system to review the resulting disciplinary action. No city policy currently addresses these issues as they relate to Police Officers of the Round Rock Police Department. This policy has been in development for more than two years and is supported by city staff, as well as many officers of the Round Rock Police Department. Chief Conner described the system established by the proposed ordinance in a presentation to City Council on May 23. There is no immediate cost to the City. However, in the event an appeal reaches a Hearing Officer level, the city is responsible for half the cost of the Hearing Officer's fee. This ordinance and resulting policy requires the Police Chief and City to document and justify disciplinary action that is to be taken against police officers of the Round Rock Police Department. This system also establishes an appeal process, which extends outside the authority of the City Manager,who acts as the final • arbitrator in all other cases of disciplinary action taken against city employees. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING CHAPTER 7, PERSONNEL, OF THE CODE OF ORDINANCES (1995 EDITION) BY ADDING SECTION 7.500, POLICE DEPARTMENT DISCIPLINARY PROCEDURES; PROVIDING FOR A PURPOSE CLAUSE; DEFINING CERTAIN TERMS; PROVIDING GROUNDS FOR DISCIPLINARY ACTION; PROVIDING FOR A DISCIPLINARY ACTION REVIEW PANEL; PROVIDING PROCEDURES FOR SUSPENSION, DEMOTION AND TERMINATION; PROVIDING FOR APPEALS TO A HEARING EXAMINER; AUTHORIZING THE POLICE DEPARTMENT AND THE HUMAN RESOURCES DEPARTMENT TO ADOPT RULES AND PROCEDURES TO IMPLEMENT THIS SECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Gallahan moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Mayor Pro-tem Nielson seconded the motion. JUNE 13, 2002 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 13.B.1. Consider an ordinance dissolving the Golf Course Advisory Board by repealing • Chapter 1, Section 1.2300 of the Round Rock Code of Ordinances. (First Reading) Sharon Prete, Parks and Recreation Director made the staff presentation. The Golf Course Advisory Board was created in 1989 to serve Council in an advisory capacity, as its liaison to the community. This board served a valuable purpose during the golf course's formative years. The need for an advisory board has diminished completely and the members recommended that the Golf Course Advisory Board be dissolved. This action will release board members so they can apply for other valuable boards and commissions. The Parks and Recreation Department and the Forest Creek Golf Course staff will continue to meet monthly to discuss operation and maintenance issues. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, DISSOLVING THE GOLF COURSE ADVISORY BOARD BY REPEALING CHAPTER 1, SECTION 1.2300, OF THE CODE OF ORDINANCES (1995 EDITION); PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Gallahan moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembersp resent. Councilmember • Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember.Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe JUNE 13,2002 ACTION: The motion carried unanimously. 13.C.1. Consider an ordinance amending Warner Ranch PUD No. 42 to include 0.78 acres of land out of the Memucan Hunt Survey A-314 in Williamson County Texas (First Reading)A presentation was given on this item during the public hearing earlier in the meeting. 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 INCLUDE 0.78 ACRES OF LAND OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT 314, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS INTO PLANNED UNIT DEVELOPMENT(PUD)NO. 42. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. • MOTION: Councilmember Knight moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. RESOLUTIONS: *14.A.1. Consider a resolution authorizing the City Manager to issue a purchase order in the amount of$42,508 to Magnum Trailers for the purchase of an air trailer for the Fire • Department. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of an air trailer for the Fire Department, and WHEREAS,Magnum Trailers has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Magnum Trailers, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 170 JUNE 13, 2002 That the bid of Magnum Trailers is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Magnum Trailers for the purchase of an air trailer for the Fire 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. RESOLVED this 13th day of June 2002. *14.B.1. Consider a resolution authorizing the Mayor to make the necessary grant • application to the U.S. Department of Justice for the COPS Universal Hiring Program to partially fund twelve full-time officers. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the U. S. Department of Justice, has grant funds available to cities for various law enforcement projects, and WHEREAS, grant funds are available through the C.O.P.S. (Community Oriented Policing Services) Universal Hiring Program to partially fund twelve additional full-time officer positions, and WHEREAS, the City Council wishes to make application for the grant to provide financial assistance for the above-described positions,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to make the necessary application for the above-described grant. 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 13th day of June 2002. *14.B.2. Consider a resolution authorizing the Mayor to execute an Addendum to the Interlocal Agreement for In-School Officers with the Round Rock Independent School District. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City has previously entered into an Interlocal Agreement for In School Officers ("Agreement") with the Round Rock Independent School District ("School District") to provide for the reimbursement of salary and benefits expenses for In School Officers, and WHEREAS, the City wishes to enter into an Addendum to the Agreement providing for a cost-sharing arrangement between the City and the School District for Fiscal Year 2001-02, 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 Addendum to the Interlocal Agreement for In School Officers, a copy of same being attached hereto as Exhibit"A" 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. RESOLVED this 13th day of June 2002. 14.C.1. Consider a resolution authorizing the Mayor to execute an Interlocal Cooperation Contract with the Texas Department of Public Safety for the Failure to Appear Program. Dan McNery, Municipal Judge made the staff presentation. The City entered into the . 1 71 i `"� i JUNE 13,2002 original contract on the March 27, 1997. The changes in the contract are specific to changes in the law and merely update the contract with the revisions. This program allows statewide networking of unpaid fines through driver's license renewal and any related costs are supplemented by the statutory fee and paid by the defendant. 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 Cooperation Contract with the Texas Department of Public Safety for the Failure to Appear 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 said Interlocal Cooperation Contract, a copy of same being attached hereto as Exhibit "A" 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. RESOLVED this 13th day of June 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councihnember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 14.D.I. Consider a resolution authorizing the Mayor to execute an agreement with Pena Swayze& Co., L.L.P. for the annual audit for the fiscal year ending September 30, 2002. David Kautz, Finance Director made the staff presentation. The City's Charter requires an annual audit • of the financial records to be performed by an independent certified public accountant. The objective of the audit is the expression of an opinion as to whether the City's general-purpose financial statements are fairly presented in conformity with generally accepted accounting principles. Other objectives include reporting on internal controls related to the financial statements and compliance with laws, regulations and the provisions of contracts or grant agreements in accordance with Government Auditing Standards and Single Audit Act requirements. The Audit provides an independent examination of financial records, activities and 1 7 2 JUNE 13,2002 operations to assess internal control practices, compliance with regulations, grant terms,bond covenants, contractual requirements and fairness of presentations of financial information. Staff recommended Pena Swayze & Co. to conduct the City's annual audit. This firm has a history of providing the City with outstanding audit service and has exhibited a high level of quality control and professional standards. They also provides valuable ideas and observations intended to help achieve the City's objectives in maintaining adequate financial controls,policies and procedures. The cost of the services will be $61,700. RESOLUTION NO. WHEREAS, it is necessary for the City of Round Rock to conduct an annual audit, and WHEREAS, the accounting firm of Pena Swayze & Company has submitted an agreement to provide said audit for the fiscal year ending September 30, 2002, and WHEREAS, the City Council wishes to enter into said agreement,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Pena Swayze & Company to conduct said audit, a copy of said agreement being attached hereto as Exhibit"A" 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. RESOLVED this 13th day of June 2002. NYLE MAXWELL,Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 14.E.1. Consider a resolution authorizing the Mayor to execute a License Agreement with SRI Monogramming, Inc. for specialty items imprinted with the Round Rock brand (logo • and tagline). Will Hampton, Communications Director made the staff presentation. The City of Round Rock has a copyrighted brand that is being displayed on various mediums. Citizens, businesses and City employees will be able to purchase shirts, caps,mugs, etc. on-line,which display the new brand. This will enable the brand to become more widespread. As part of the agreement the City will also receive 15% of the revenue from these sales. 17-3 JUNE 13,2002 RESOLUTION NO. WHEREAS, the City of Round Rock, Texas ("City") has the exclusive right and power to use the trade name "City of Round Rock, Texas" and associated logos and taglines used in conjunction with that trade name, and WHEREAS, as part of its business operations, the City may grant others the right and license to manufacture and sell City's products and to use City's trade name and associated logos and taglines, and WHEREAS, SRI Monogramming, Inc. desires to manufacture and sell City's products • and to use City's trade name and associated logos and taglines in connection with such manufacture and sale,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 SRI Monogramming, Inc. for the right to manufacture and sell City's products and to use City's trade name and associated logos and taglines in connection with such manufacture and sale, a copy of said agreement being attached hereto as Exhibit "A" 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. RESOLVED this 13th day of June 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 14.F.1. Consider a resolution authorizing the Mayor to execute an Assignment of an Option Agreement with ERG Round Rock, Ltd. to the Texas Department of Transportation for acquisition of right-of-way for SH 45. Steve Sheets, City Attorney made the staff presentation. • This action is required to allow the Texas Department of Transportation to complete the purchase of a certain parcel of property along the frontage of Louis Henna Boulevard in order to construct State Highway 45. The City previously entered into an option agreement for this parcel with ERG Round Rock, Ltd., which has not been exercised to date. TxDOT and Williamson County will assume responsibility for completion of the fee simple right-of-way acquisition for property which is currently subject to a purchase option agreement between the City and ERG Round Rock, Ltd. =17.4 JUNE 13, 2002 RESOLUTION NO. WHEREAS, State Highway 45 is being designed along the current route of Louis Henna Blvd. in the City of Round Rock("City"), and WHEREAS, as part of the acquisition of additional right-of-way for State Highway 45 the City previously entered into an option agreement with ERG Round Rock, Ltd., a Texas Limited partnership ("ERG") to purchase approximately 1.325 acres from ERG for right-of-way purposes, and WHEREAS, the option agreement between the City and ERG provides for the assignment of such agreement to the Texas Department of Transportation("TxDOT"), and • WHEREAS, the City Council wishes to assign such option agreement to the Texas Department of Transportation so that the right-of-way purchase referenced therein may be completed by TxDOT,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 assignment of an Option Agreement with ERG Round Rock, Ltd. for right-of-way purposes to the Texas Department of Transportation, a copy of said assignment being attached hereto as Exhibit"A" 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. RESOLVED this 13th day of June 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember • McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 14.F.2. Consider a resolution authorizing the Mayor to execute an Assignment of an Option Agreement with Gattis School Road Joint Venture to the Texas Department of Transportation for acquisition of right-of-way for SH 45. Steve Sheets, City Attorney made the staff presentation. This action is required to allow the Texas Department of Transportation to take over negotiations for the acquisition of property to construct State Highway 45. The Ci • g Y t previously obtained a possession and use agreement from Gattis School Road Joint Venture in order to construct Greenlawn Boulevard,which property is now part of a larger parcel that is needed for State Highway 45 as well. TxDOT and Williamson County will assume responsibility for completion of the fee simple right-of-way acquisition for property, which is currently merely held under a right of possession. 17 ,5 JUNE 13,2002 RESOLUTION NO. WHEREAS, the City of Round Rock ("City") acquired right-of-way for the expansion and placement of Greenlawn Blvd. in Williamson County, and WHEREAS, as part of the acquisition of right-of-way for Greenlawn Blvd. the City entered into a Right of Entry, Possession and Construction Easement with Gattis School Road Joint Venture ("Gattis") in order to complete the construction of Greenlawn Blvd. across the existing Louis Henna Blvd., and WHEREAS, State Highway 45 is being designed along the current route of Louis Henna Blvd. in the City, and WHEREAS, the Texas Department of Transportation ("TxDOT") and Williamson County now need to acquire additional right-of-way for State Highway 45 which overlaps the Greenlawn Blvd. right-of-way previously acquired by the City, and WHEREAS, the Right of Entry, Possession and Construction Easement between the City and Gattis provides for the assignment of such agreement, and WHEREAS, the City Council wishes to assign such Right of Entry, Possession and Construction Easement to the Texas Department of Transportation so that the fee simple right- of-way purchase of the land referenced therein may be completed by TxDOT for the construction of State Highway 45,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 assignment of a Right of Entry, Possession and Construction Easement with Gattis School Road Joint Venture for right-of-way purposes to the Texas Department of Transportation, a copy of said assignment being attached hereto as Exhibit"A"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. RESOLVED this 13th day of June 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. *14.G.1. Consider a resolution authorizing the Mayor to execute Supplemental • Agreement No. 2 to the Contract for Engineering Services with Alliance-Texas Engineering Company for the design of traffic signals. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an agreement for engineering services ("Agreement")with Alliance-Texas Engineering Company for the design of traffic signals, and WHEREAS, Alliance-Texas Engineering Company has submitted Supplemental Agreement No. 2 to the Contract for Engineering Services to extend the contract date, and 176 JUNE 13,2002 WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Alliance-Texas Engineering 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 Supplemental Agreement No. 2 to the Contract for Engineering Services with Alliance-Texas Engineering Company to extend the contract date, a copy of said supplemental agreement being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of June 2002. 14.G.2. Consider a resolution authorizing the Mayor to execute an Agreement for Telecommunications Cabling and Infrastructure Design Services with JanCom Technologies, Inc. for the communication phase of the McConico Building proiect. Jim Nuse, Public Works Director made the staff presentation. The City is currently working with JanCom Technologies, Inc. to prepare the programming and design development documentation for the Communication and Cabling on the McConico Building. This contract will include the construction documents, bidding&negotiation phase, construction administration, and telephone service. The total amount of the contract will be $10,090.00. A breakdown of the contract is as follows: Phase 3 - Construction Documents $ 4,060.00 Phase 4-Bidding&Negotiation $ 990.00 Phase 5 - Construction Administration $ 1,440.00 Telephone Service Options $ 3,600.00 Total- $10,090.00 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional services relating to the communication phase of the McConico Building project, and WHEREAS, JanCom Technologies, Inc. has submitted an Agreement for Telecommunications Cabling and Infrastructure Design Services, and WHEREAS, the City Council desires to enter into said agreement with JanCom Technologies, 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 for Telecommunications Cabling and Infrastructure Design Services with JanCom Technologies, Inc. for professional services relating to the communication phase of the McConico Building project, a copy of said agreement being attached hereto as Exhibit "A" 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. RESOLVED this 13th day of June 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 177 JUNE 13, 2002 MOTION: Councilmember Pitt moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan • Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 14.G.3. Consider a resolution authorizing the Mayor to execute a contract with Fencecrete America, Inc. for the construction of the Sunrise Road Corridor Improvements. Jim Nuse,Public Works Director made the staff presentation. In the November 2001 Bond Fund Election, voters approved a project to establish a program to improve strategic view corridors along specified City streets that intersect state highway system roads. The corridor improvements will help protect property values in four of our older residential neighborhoods with an aesthetically improved main entrance into the neighborhoods, primary route to local schools, and quality of life in the area. Bond Funds are to supplement existing funding for the Sunrise Road Corridor Improvements, a section on Bowman Road, a section on McNeil Road, • and a section on Gattis School Road. Project plans were developed in house with the input for the residential neighborhoods effected by the project. Three bids were received and opened on May 21, 2002. Fencecrete America, Inc. submitted the low bid of$274,959.50,which is within the funding available for this phase of the program. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Sunrise Road Corridor Improvements Project, and WHEREAS, Fencecrete America, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Fencecrete America, 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 Fencecrete America, Inc. for the Sunrise Road Corridor 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. RESOLVED this 13th day of June 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary JUNE 13, 2002 MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 14.G.4. Consider a resolution authorizing the final payment to Union Pacific Railroad for the reconstruction of the intersection of McNeil Road at County Road 172. Jim Nuse, Public Works Director made the staff presentation. At its regularly scheduled meeting on November 12, 1998, the City Council approved the original estimated costs to have the Union Pacific Railroad add equipment and crossing signals as part of the construction project on McNeil Road at CR 172. The aforementioned resolution estimated project costs at$79,189.00. In the course of the project, additional costs were incurred by the railroad. After much negotiations and phone conferences regarding the charges, they have opted for a final payment of$31,244.00 instead of the original$40,792.62 billed. RESOLUTION NO. WHEREAS, on November 12, 1998, the City of Round Rock entered into a Signal Interconnect Agreement with Union Pacific Railroad ("Railroad") for the reconstruction of the intersection of McNeil Road at County Road 172 ("Project"), and WHEREAS, City Council approved the estimated costs of the Project by Resolution No. R-98-11-12-1OB6 dated November 12, 1998, and WHEREAS, in the course of the Project, the Railroad has incurred additional costs, and the City now wishes to authorize final payment of$31,244.00 to the Railroad,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That City Council hereby authorizes final payment of $31,244.00 to Union Pacific Railroad for the reconstruction of the intersection of McNeil Road at County Road 172. 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 13th day of June 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight r, 17 :9 JUNE 13,2002 Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 14.G.5. Consider a resolution authorizing the Mayor to execute the Fourth Agreement Extending Industrial District with Texas Crushed Stone and Georgetown Railroad Company. • Jim Nuse, Public Works Director made the staff presentation. This Industrial District outlines terms and conditions whereby Texas Crushed Stone& Georgetown Railroad Company may continue to operate outside Round Rock City limits. The District was first created in 1978 and has been extended three other times. In exchange for the agreement of the City not to annex this property during the term of the Agreement, Texas Crushed Stone and Georgetown Railroad Company will convey property and grant easements and other considerations needed by the City. The City agrees to forgo tax payments but does not pay for property and easements. RESOLUTION NO. WHEREAS, Texas Crushed Stone ("TCS") and Georgetown Railroad ("GRR") have previously entered an agreement whereby certain property owned by TCS and GRR would be designated an Industrial District, and WHEREAS, in consideration for the extension of the term of the Industrial District to • December 31, 2004, TCS and GRR, have agreed to (1) convey three tracts of land containing a total of 5.080 acres for the expansion of the water treatment plant, (2) enter into a Water Line Easement for a potable water line across TCS land, (3) enter into a license agreement for the installation of the potable waterline across the GRR right-of-way, and (4) enter into an easement for roadway access to the water treatment plant property line from IH 35, and WHEREAS, the Council wishes to approve the extension of the Industrial 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 a Fourth Agreement Extending Industrial District, a copy of same being attached hereto as Exhibit "A" 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. RESOLVED this 13th day of June, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None JUNE 13,2002 Absent: Councilmember Coe ACTION: The motion carried unanimously. 14.G.6. Consider a resolution authorizing the Mayor to execute an Avigation Easement to Texas Crushed Stone limiting the height of radio towers. Jim Nuse, Public Works Director made the staff presentation. Texas Crushed Stone utilizes aircraft in parts of their operation. As part of the conveyance of property to the City Texas Crushed Stone requires that future towers be • limited in size and location. This poses no cost to the City. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to expand the land area for its water treatment facilities, and WHEREAS, Texas Crushed Stone ("TCS") has an aircraft landing and take off runway which points across the area where the water treatment plant is located, and WHEREAS, both the City and TCS desire the approaches and take offs from the runway to be as safe as they can make them, and WHEREAS, the Council wishes to enter into an Avigation Easement with TCS, 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 Avigation Easement with Texas Crushed Stone, a copy of same being attached hereto as Exhibit "A" 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. RESOLVED this 13th day of June 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. • 14.G.7. Consider a resolution authorizing the Mayor to execute an Easement for Ingress and Egress to Texas Crushed Stone. Jim Nuse, Public Works Director made the staff presentation. Texas Crushed Stone desires an easement across City of Round Rock property to provide access to portions of TCS land. The City of Round Rock is agreeable with this easement providing sufficient protection of buried water lines is provided. The City of Round Rock will provide this easement as a part of the Industrial District Agreement. JUNE 13, 2002 RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to enter into an Easement for Ingress and Egress to Texas Crushed Stone,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 Ingress and Egress Easement to Texas Crushed Stone, a copy of same being attached hereto as Exhibit"A" 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. RESOLVED this 13th day of June 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 14.G.8. Consider a resolution authorizing the Mawr to execute a Pipeline License Agreement with Georgetown Railroad Company. Jim Nuse, Public Works Director made the staff presentation. In order for the City to complete the needed 48" East Transmission Water Line improvements, it is necessary to cross property owned by Georgetown Railroad Company. The license is at no cost to the City,but granted as partial consideration for the extension of the Industrial District. RESOLUTION NO. WHEREAS, the City of Round Rock desires to construct a forty-eight inch (48") pipeline for potable water across Georgetown Railroad Company("GRR".) right-of-way, and WHEREAS, the Council wishes to enter into a Pipeline License Agreement with GRR, • 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 Pipeline License Agreement with Georgetown Railroad Company, a copy of same being attached hereto as Exhibit"A" 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. RESOLVED this 13th day of June 2002. NYLE MAXWELL, Mayor JUNE 13,2002 City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 14.G.9. Consider a resolution authorizing the Mayor to execute a Water Line Easement from Texas Crushed Stone to the City. Jim Nuse,Public Works Director made the staff presentation. In order for the City to complete the needed 48" East Transmission Water Line improvements, it is necessary to cross property owned by Texas Crushed Stone. This easement is at no cost to the City but is granted as partial consideration for the extension of the Industrial District. RESOLUTION NO. WHEREAS, Texas Crushed Stone ("TCS") wishes to convey a Water Line Easement to the City of Round Rock for the construction of a potable water line across TCS land, and WHEREAS, the Council wishes to accept the terms and conditions of said Water Line Easement with TCS,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 Water Line Easement with Texas Crushed Stone, a copy of same being attached hereto as Exhibit "A" 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. RESOLVED this 13th day of June, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Pitt moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None 18. 3 JUNE 13, 2002 Absent: Councilmember Coe ACTION: The motion carried unanimously. 14.G.10. Consider a resolution authorizing the Mavor to execute an Agreement with Texas Crushed Stone and Georgetown Railroad Company regarding access to the water treatment plant site, improved security at the site, future roadway improvements and related • matters. Jim Nuse,Public Works Director made the staff presentation. This Agreement sets for the several items of business agreements between Texas Crushed Stone, Georgetown Railroad Company and the City of Round Rock. These items include access issues, speed limits, construction access, security,hours of construction and development of master access plans. This Agreement is at no cost to the City but is partial consideration for the extension of the Industrial District Agreement. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") is planning the expansion of its water treatment plant which will require additional property, easements, and improved access to the plant, and WHEREAS, the City, Georgetown Railroad Company ("GRR"), and Texas Crushed Stone ("TCS") desire to improve roadway conditions, plant site security, and traffic safety on the access road, and WHEREAS, the City plans to construct a new water line under the main access road to • the water plant and to the TCS plant, and WHEREAS, the City needs a construction gate in addition to the main water treatment plant gate, and WHEREAS, TCS, GRR, and the City want to keep the right-of-way clear for a possible future over or under pass of the GRR railroad tracks that would connect the paved road located on the north side of the water treatment plant property with the Westinghouse Road overpass on IH-35, and WHEREAS, TCS presently operates a raw water line that crosses the property to be conveyed to the City and it will be necessary for TCS to relocate the line sometime in the future, and WHEREAS, the City, TCS, and GRR wish to enter into an Agreement which addresses all of these issues,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 Texas Crushed Stone and Georgetown Railroad Company, a copy of same being attached hereto as Exhibit"A" 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. RESOLVED this 13th day of June 2002. • NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilinember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw JUNE 13,2002 Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. APPOINTMENTS: 15.A. Consider appointment of Mayor Pro-tem. • Mayor Maxwell opened the floor for nominations. Councilmember Nielson was nominated. MOTION: Councilmember Pitt moved that nominations cease. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember McGraw moved to appoint Tom Nielson as Mayor Pro-tem • by acclamation. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 15.B. Consider appointment of the Municipal Judge and Associate Municipal Judges. These positions need to be filled by an attorney licensed and practicing in the State of Texas. The current Presiding Municipal Judge is Dan R. McNery. The Associate Judges are Troy L. Voelker and Todd K. Sellars. Judge McNery requested reappointment as the City's Presiding Municipal Judge and that Troy Voelker and Todd Sellars be re-appointed as Associate Municipal • Judges. MOTION: Councilmember Gallahan moved to reappoint Dan McNery as the City's Presiding Municipal Judge and Troy Voelker and Todd Sellars as Associate Municipal Judges. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt JUNE 13, 2002 Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 15.C. Consider Council confirmation of two Mayoral appointments to the Capital Area • Planning Council. MOTION: Councilmember McGraw moved to appoint Councilmember Pitt and Councilmember Knight as the City's representatives on the Capital Area Planning Council. Mayor Pro-tem Nielson seconded the motion. i VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 15.D. Consider Council confirmation of the appointment of an Assistant City Manager. MOTION: Mayor Pro-tem Nielson moved to confirm the appointment of Jim Nuse as • the City's Assistant City Manager for a one year term. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MAYOR AND COUNCIL COMMENTS None ADJOURNMENT: There being no further business, the meeting adjourned at 9:00 p.m. Respectfully Submitted, • Christine R. Martinez, City Secretary 1 :8 u JUNE 27, 2002 The Round Rock City Council met in Regular Session on Thursday, June 27, 2002 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell, Councilmember Alan McGraw, Councilmember Scot Knight, Councilmember Isabel Gallahan and Councilmember Gary Mayor or Pro-tem Tom Nielson and Councilmember Carrie Pitt were absent. Also • Y present were City Manager Bob Bennett and Assistant City Attorney Charlie Crossfield. Mayor Maxwell dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the next item. SUPPLEMENTAL AGENDA ITEM: S.B. Consider a proclamation honoring Jeff Ontiveros for his contributions to the sport of baseball. Mayor Maxwell invited Jeff,his family, his Little League Coach Ernie Gordon and his High School Baseball Coach John Langerhans to the podium. Mayor Maxwell read the following proclamation and presented it to Jeff Ontiveros. Whereas, on April 26, 1979, Jeffrey Michael Ontiveros was born to parents Josephine ("Josie") and Castulo ("Coco') Ontiveros, Sr.,both life-long residents of Round Rock; and Whereas, Jeff was the youngest of eight children,with six brothers named Richard, Rudy, • Rubin, Roland, Castulo, Jr., and Johnny Ray and one sister named Patricia; and Whereas, from the very beginning, Jeff showed a remarkable love and talent for the sport of baseball, distinguishing himself at the age of five as the most valuable player of the Chipmonks, a tee-ball team with the Round Rock Kiwanis Little League; and Whereas, Jeff's first girl friend was the right-fielder of the mighty Chipmonks, but the romance faltered when her batting average dropped below .250; and Whereas, Jeff was on untold All-Star Teams with the Kiwanis Little League and Pony Colt League; and Whereas, in 1991, Jeff was a member of the Kiwanis National League All-Star team which won the Texas State Little League Championship and flew to Florida to play in the Little League Regional Playoffs; and Whereas, Jeff was a four-year varsity member of Round Rock High School Dragon Baseball Team where he was named to the All-State Team for both his Jr. and Sr. years and was a member of the 5-A Texas State Championship Team where he was also named to the State Tournament All-Star Team; and Whereas, after graduating from high school in 1998, Jeff signed with the University of Texas Longhorns where he just completed a distinguished career, setting the UT records for home runs in a season(20) and for career home runs (55); and Whereas, Jeff is one of the stars of the 2002 UT Longhorn Baseball Team which on June 22, 2002 won the NCAA National Championship in Omaha, Nebraska before over 24,000 fans • and untold millions on national television; and Whereas, over the years Jeff s coaches and teammates have affectionately referred to Jeff by many nicknames, including The Big"O", Congo,Moose, and Biggie; and Whereas, earlier this week Jeff signed a contract to play professional baseball with the Boston Red Sox organization; and Whereas, on behalf of all of the proud citizens of the City of Round Rock, the City Council wishes to recognize and honor Jeff for his years of hard work and the exemplary manner in which he has represented himself, his family and this City, Now Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby proclaim that during the annual Frontier Days celebration on July 12, 13, and 14, 2002, that Main Street shall be renamed JUNE 27,2002 "JEFF ONTIVEROS STREET" in honor of Jeff and all that he has accomplished. Proclaimed this 27th day of June 2002. Jeff Ontiveros was born and raised in Round Rock. Not only was Jeff a member of the Little League Baseball Team that won a State Championship and a member of the Round Rock High School Baseball Team that won the State Championship but he was also a member of the • Universityof Texas Longhorns Baseball team who recently became the 2002 NCAA National g Y Champions. Mayor Maxwell called for a 10-minute recess so everyone could congratulate Jeff. Mayor Maxwell resumed with the order of the agenda. CITIZENS COMMUNICATIONS Kenneth Snyder, 4406 North Ridge, Austin, expressed his concern regarding the water situation in North Ridge Acres, which is located outside the city limits of Round Rock. Faye Johnson, 109 Vista Avenue, President of the Heart of Round Rock Neighborhood Association announced that the Neighborhood Association is promoting the bat colony that resides in Round Rock by selling Bat T-shirts. Anyone wishing to purchase a shirt can contact members of the Association. The shirts will also be sold during Frontier Days. • PROCLAMATIONS: S.A. Consider a proclamation proclaiming July as Parks and Recreation month. Mayor Maxwell read the following proclamation and presented it to Sharon Prete,Parks and Recreation Director and members of the Parks and Recreation Department. Whereas, the National Recreation and Park Association in cooperation with local park and recreation departments is promoting the use of public recreation facilities in July; and Whereas, the Round Rock City Council has supported the development of recreational facilities such as ballfields, playgrounds, golf course, swimming pools, tennis courts, and picnicking facilities to promote wholesome recreational opportunities; and Whereas, the citizens of Round Rock are encouraged to take advantage of the park system and recreation programs; and Whereas, positive leisure experiences are vital to good physical and mental health and enhance the quality of life for all people; and Whereas, Round Rock's professional park and recreation staff is dedicated to providing the best possible service to its customers; Now, Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim the month of July as • "PARKS AND RECREATION MONTH" in the City of Round Rock. Proclaimed this 27`"day of June, 2002. SUPPLEMENTAL AGENDA ITEM: S.B. Consider a proclamation honoring Jeff Ontiveros for his contributions to the sport of baseball. This item was addressed earlier in the meeting. APPROVAL OF MINUTES: JUNE 27, 2002 6.A. Consider approval of the City Council minutes for the Regular Session May 23, 2002 and Special Called Session June 4, 2002. MOTION: Councilmember Knight moved to approve the minutes as submitted. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Knight • Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson Councilmember Pitt ' ACTION: The motion carried unanimously. PRESENTATIONS: 7.A.1. Consider a presentation regarding the City's receipt of the Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada for the 2002 fiscal year budget. David Kautz, Finance Director made the staff presentation. The City has received the Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada for the 2002 fiscal year budget. The award represents a significant achievement by the City of Round Rock. It • reflects the commitment of the Council and staff to meeting the highest principles of government budgeting. In order to receive the budget award the City had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well the City's budget serves as a policy document, a financial plan, an operations guide, and a communications device. Achievement of the award indicates that the City's budget meets rigorous criteria and provides information in a nationally standardized manner. Bond rating agencies, investors and other parties interested in the City finances look upon the documents and processes of award recipients as having greater clarity and validity. 7.B.1. Consider a presentation regarding the status of the City's process for determining the Qualifications of engineering firms for the Round Rock Transportation System Development • Corporation road protects. Tom Word, Director of Transportation Services made the staff presentation. The teams have completed their interviews for engineering services for the Round Rock Transportation System Development Corporation road projects. The following firms, along with alternates, for each project were presented to the Council. • Kiphen Road—Chiang Patel and Yerby Alternates—Carter-Burgess and URS 1 ;8 9 JUNE 27, 2002 • Arterial C—Carter-Burgess Alternates—PBS&J and Rodriguez Transportation Group The recommended firm will be contacted to negotiate a design contract. If a suitable agreement cannot be reached, the discussions will be terminated and the next firm will be contacted. The contract will then be brought forward to the Council for approval when • appropriate. ro riate. 7.C.1. Consider a presentation on the upcoming Annual Independence Day Celebration at Old Settlers at Palm Valley. Sharon Prete,Parks and Recreation Director outlined the following activities for the July 4t" Celebration that will be held at Old Settlers Park at Palm Valley. • Sky Diving • Live music by the Austin Symphonic Band • Free watermelon served by the City Council • Spectacular Fireworks/Concert Show Police Chief Conner and Captain Tim Ryle explained how the traffic would be handled • before and after the celebration. ORDINANCES: 8.A.1. Consider an ordinance establishing a Building Standards Commission. (First Reading) Jim Nuse, Chief of Operations made the staff presentation. Previously, appeals from decisions of the Building Official were heard by the City Council. The Texas Government Code provides that the governing body of the City may establish a Building Standards Commission to hear and determine cases concerning alleged violations of ordinances involving preservation of public health and safety. The Building Standards Commission will consist of five members and its main purpose is to hear appeals and render decisions upon rulings and refusals of ruling by the Building Official when requests for a modification or a variation from the provisions of the • Code. Staff will bring to the Council's next meeting a request to abolish the Electrical Examining and Advisory Board,which will be replaced by the Building Standards Commission. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS ESTABLISHING THE BUILDING STANDARDS COMMISSION; AMENDING CERTAIN SECTIONS OF CHAPTER 3, CODE OF ORDINANCES, (1995 EDITION) CITY OF ROUND ROCK, REPEALING SECTIONS 3.402; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 1-9.9 JUNE 27, 2002 MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell • Noes: None Absent: Mayor Pro-tem Nielson Councilmember Pitt ACTION: The motion carried unanimously. MOTION: Councilmember McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson Councilmember Pitt ACTION: The motion carried unanimously. RESOLUTIONS: • 9.A.1. Consider a resolution authorizing the closing of streets from July 12, 2002 through July 14, 2002 for the Annual Frontier Days event and parade. Paul Conner, Chief of Police made the staff presentation. The Frontier Days Corporation requested that East Main Street from North Mays Street to Burnet Street and Lampasas Street from Bagdad Avenue to Liberty Avenue be closed on July 12, 2002 from 6:00 p.m. to 12:00 midnight and on July 13, 2002 from 9:00 a.m. until 1:00 a.m. July 14, 2002. In addition, a request was submitted for the closing of the following intersections on July 13, 2002 from 10:00 a.m. to 11:30 a.m. for the Frontier Days Parade: Round Rock Avenue and Lee Street, Round Rock Avenue and San Saba Street,Round Rock Avenue and Brown Street, Round Rock Avenue and Blair Street, East Main Street and North Mays Street, East Main Street and Lampasas Street, East Main Street and • Shepard Street, East Main Street and Burnet Street, East Main Street and Lewis Street, East Main Street and Stone Street, East Main Street and Black Street, East Main Street and Georgetown Street. Dominic Digesualdo, Chairman of the Frontier Days Committee outlined the activities of the event. 191 JUNE 27, 2002 RESOLUTION NO. WHEREAS, the Frontier Days Corporation, in celebration of the Annual Frontier Days event, has requested that East Main Street from North Mays Street to Burnet Street, and Lampasas Street from Bagdad Avenue to Liberty Avenue be closed on July 12, 2002 from 6:00 p.m. to 12:00 midnight, and on July 13, 2002 from 9:00 a.m. until 1:00 a.m. on July 14, 2002, and WHEREAS, the Frontier Days Corporation, has requested that the following intersections along the parade route be closed from 10:00 o'clock a.m. until 11:30 o'clock a.m. on July 13, • 2002 for the Frontier Days Parade: Round Rock Avenue and Lee Street, Round Rock Avenue and San Saba Street, Round Rock Avenue and Brown Street, Round Rock Avenue and Blair Street, East Main Street and North Mays Street, East Main Street and Lampasas Street, East Main Street and Shepard Street, East Main Street and Burnet Street, East Main Street and Lewis Street, East Main Street and Stone Street, East Main Street and Black Street, East Main Street and Georgetown Street, and WHEREAS, the Council wishes to grant such requests,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the streets listed above be closed on the dates and times as set out above for the Annual Frontier Days event and parade. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of June 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson Councilmember Pitt ACTION: The motion carried unanimously. 9.13.1. Consider a resolution approving the reimbursement to Bon Terre Lake Forest of $8,593.42, for the cost of oversizing water and wastewater mains associated with the Lake Forest II, Village I development. Jim Nuse, Chief of Operations made the staff presentation. He outlined the reimbursement fund criteria. Water and wastewater mains were oversized in Lake Forest II, Village I for future service to serve future development in the same vicinity. This will help reduce possibility of constructing parallel mains in the future. To date approximately $139,000.00 has been paid in to the oversize account by the entire Lake Forest development and the City has reimbursed approximately$85,000.00. RESOLUTION NO. 19 .2 JUNE 27, 2002 WHEREAS, §8.610(4) and §8.611(10), Code of Ordinances (1995 Edition) provide for the reimbursement for the oversizing of water and wastewater mains, and WHEREAS, Bon Terre Lake Forest has submitted a reimbursement request for the oversizing of water and wastewater mains associated with the Lake Forest II, Village I development, and WHEREAS, the City Council wishes to approve said reimbursement,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves of the reimbursement to Bon Terre Lake Forest of $8,593.42, which is the cost of oversizing water and wastewater mains associated with the Lake Forest II, Village I development. • 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 the 27th day of June 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe • Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson Councilmember Pitt ACTION: The motion carried unanimously. 9.B.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 to the Contract for Engineering Services with Carter&Burgess, Inc. for improvements to US 79 from FM 1460 to CR 195. Tom Word,Director of Transportation Services made the staff presentation. Supplemental Agreement No. 2 provided for a change in the scope of services to develop plans and specifications for additional illumination of US 79. Supplemental Agreement No. 3 allowed for additional field surveying and right-of-way surveying. This Supplemental Agreement No. 4 covers the additional services as follows: (A) Additional survey along Park Valley Lutheran Church/Existing US 79 right of way for • embankment placed within the future right of way for the project; (B) 16"waterline adjustment on the west side of FM 1460 crossing under the existing US 79 needs a new crossing so that casing will extend beyond the new pavement limits and relocation of fire hydrants and water valves; (C) Changing of the westbound bridge width from 40' to 58' increased design cost 193 JUNE 27, 2002 because both the eastbound and westbound were originally the same width and therefore some of the bridge design could be applied to both bridges. The cost of Supplemental Agreement No. 4 will be$33,266.00 with project management cost included. This brings the total cost of the project to $684,862.00. 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 plans, specifications, and estimates for 1.5 miles of US 79 from FM 1460 to CR 195, and WHEREAS, Carter & Burgess, Inc. has submitted Supplemental Agreement No. 4 to the Contract for a change in the scope of services, to include additional design work, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 4 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. 4 to the Contract with Carter & Burgess, Inc., a copy of said supplemental agreement being attached hereto as Exhibit "A" 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. RESOLVED this 27th day of June 2002. NYLE MAXWELL,Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson Councilmember Pitt ACTION: The motion carried unanimously. 9.B.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement • No. 1 to the Contract for Engineering Services with Rodriguez Transportation Group, Inc. to complete Phase I and provide inspection services for A.W. Grimes Boulevard, and to complete the design of Phase H for A.W. Grimes Boulevard. Tom Word, Director of Transportation Services made the staff presentation. The original contract was to establish the alignment of Arterial B from US 79 to South of Louis Henna Boulevard,prepare a schematic of Arterial B, monument the alignment, and prepare the right of way documents for critical parcels. 194 JUNE 27, 2002 Supplemental Agreement No. 1 was for additional surveying and engineering services related to preparation of right of way documents, construction plans, specifications and estimates for the construction of Arterial B from Louis Henna Boulevard to south of Louis Henna Boulevard along County Road 170. Supplemental Agreement No. 2 was to provide for construction cost estimates for SH 45 from Arterial B to County Road 172 and to establish the center line of SH 45 from west of Greenlawn to Doublecreek Drive and construction1 pans for Arterial B from Louis Henna Boulevard to US 79. Supplemental Agreement No. 3 was to prepare the Arterial B project plan set for inclusion in Texas Turnpike Authority. The contract approved June 14, 2001 was to provide for additional work on A.W. Grimes Boulevard (Arterial B)to include (1) construction services, and(2) Section 404 Permit Support, Endangered Species Review and Habitat Assessment, and Archeological Reconnaissance and Agency Coordination by Hicks & Company, Inc., (3) field notes, sketches, easements for Dell Tract,East Rock Cove,Miller Tract, and Hickerson Tract by Surveying and Mapping, Inc., (4)bridge and retaining wall design and details Dry Creek Tributary No. 1 by Fields Engineering, Inc, (5) geotechnical engineering services by Raba-Kistner-Brytest Consultants, Inc., (6) creek crossing surveys and data reports by Espey Consultants, Inc., and(7)prepare preliminary design on widening of Gattis School Road by • Huggins/Seiler&Associates,LLP. This Supplemental Agreement No. 1 is to complete Phase I and provide inspection services for A.W. Grimes Boulevard and to complete the design of Phase II for A.W. Grimes Boulevard and extend the contract time until December 31, 2002. This supplemental agreement does not change the funding in any way. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract for engineering services ("Contract")with Rodriguez Transportation Group, Inc. to complete Phase I and provide inspection services for A.W. Grimes Boulevard, and to complete the design of Phase II for A.W. Grimes Boulevard, and WHEREAS, Rodriguez Transportation Group, Inc. has submitted Supplemental Agreement No. 1 to the Contract to extend the contract date and to change its name to Rodriguez Transportation Group, Inc., and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 to the Contract with Rodriguez Transportation 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 Supplemental Agreement No. 1 to the Contract with Rodriguez Transportation Group, Inc., a copy of same being attached hereto as Exhibit"A" 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. RESOLVED this 27th day of June 2002. NYLE MAXWELL, Mayor 19 5 JUNE 27, 2002 City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Gallahan seconded the motion. • VOTE: Ayes: Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson Councilmember Pitt ACTION: The motion carried unanimously. APPOINTMENTS 10.A. Consider 1 regular appointment and alternate(s)to the Capital Area Metropolitan Planning Organization(CAMPO). Mayor Maxwell opened the floor for nominations. MOTION: Councilmember McGraw moved to appoint Mayor Maxwell, as the City's representative to CAMPO and that the rest of the Council serve as alternates when necessary. Councilmember Coe seconded the motion. • VOTE: Ayes: Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson Councilmember Pitt ACTION: The motion carried unanimously. 10.13. Consider City Council confirmation of the City Manager's appointment to the Civil Service Commission. Bob Bennett, City Manager made the staff presentation. The Civil Service Commission oversees all aspects of Civil Service for the Fire Department as defined in Chapter 143 of the Texas Local Government Code. Mr. Bennett reported that he has appointed Rufus Honeycutt to serve a 3-year term on this Commission. MOTION: Councilmember McGraw moved to confirm Rufus Honeycutt's appointment to the Civil Service Commission. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson Councilmember Pitt l :- V JUNE 27,2002 ACTION: The motion carried unanimously. 10.C. Consider 2 appointments to fill unexpired terms of the Round Rock Transportation System Development Corporation Board of Directors. Mayor Maxwell opened the floor for nominations. MOTION: Councilmember Gallahan moved that Mayor Maxwell and Councilmember McGraw be appointed to fill the unexpired terms on the Transportation System Development • Corporation. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson Councilmember Pitt ACTION: The motion carried unanimously. MAYOR AND COUNCIL COMMENTS: Mayor Maxwell read a letter from Karen Adair-Murphy, which relayed the Serving Center's food shortage and how the South Creek neighborhood is collecting food to replenish the Serving Center. The letter also challenged other neighborhoods to collect food items for the • Serving Center. Mayor Maxwell issued an additional challenge to all residents to help the Serving Center. ADJOURNMENT There being no further business,the meeting adjourned at 8:00 p.m. Respectfully submitted, Christine R. Martinez, City Secretary L.9 I JULY 11, 2002 The Round Rock City Council met in Regular Session on Thursday, July 11, 2002 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Isabel • Gallahan and Councilmember Gary Coe. Councilmember Alan McGraw was absent. Also present were City Manager Bob Bennett and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Kenneth Snyder, 4406 North Ridge, Austin, expressed his concern regarding the water situation in Northridge Acres,which is located outside the city limits of Round Rock. Kim Gunn, Director of Government Relations, Austin Apartment Association, 4107 Medical Parkway, Suite 100, Austin introduced herself and informed the Council that she is the current representative for rental housing owners and managers in Round Rock. Arthur Bryan, 1402 Wildvine Cove, expressed his concern that Round Rock restaurants are not required to have a complete smoke free environment. He noted that he did not want to • completely eliminate smoking in Round Rock but only inside all eating establishments. Dominik Chilleri, 3012 Sugar Berry Cove, expressed his concern regarding smoking in restaurants in Round Rock. PROCLAMATIONS: S.A. Consider a proclamation proclaiming July 14-20, 2002 as National Aquatics Week in the City of Round Rock. Mayor Maxwell read the following proclamation and presented it to Mike Hemker of the Parks and Recreation Department. Mr. Hemker outlined the various activities that are scheduled during"National Aquatics Week." WHEREAS, individuals and'organized forms of recreation and the creative use of free time are vital to the happy lives of all our citizens: and education, athletic and recreation programs throughout the City of Round Rock encompass a multitude of activities that can result in personal accomplishment, self-satisfaction and family unity for all citizens,regardless of their background, ability level or age; and • WHEREAS, citizens of Round Rock should recognize the vital role that swimming and aquatic-related activities relate to good physical and mental health and enhance the quality of life for all people; and WHEREAS, the City of Round Rock is extremely proud of the swimming facilities and aquatic programs of this community and their contributions to providing to all ages a healthy place to recreate, a place to learn and grow, to swim, build self-esteem, confidence and sense of self-worth which contributes to the quality of life in our community, NOW, THEREFORE, I,Nyle Maxwell, Mayor of the City of Round Rock do here by proclaim the week of July 14-20, 2002 as "NATIONAL AQUATICS WEEK" in the City of Round Rock and do hereby urge all those in the City to support and promote this observance. JULY 11, 2002 PUBLIC HEARINGS: 8.A.1. Consider public testimony concerning granting a partial exemption from ad valorem taxes for certain qualified historically significant properties located within the city limits of Round Rock. Joe Vining, Planning Director made the staff presentation. The partial tax exemption program was created in 1988. The program encourages owners of historic properties to use moneysaved on taxes to provide regular maintenance and/or repair to their structures. The • p � overall benefit to Round Rock is the long-term preservation of the city's historic resources. Under the program,property owners receive a 75% exemption on city property taxes. The program does not exempt county or school district taxes. On May 28, 2002, the Historical Preservation Commission recommended approval of partial tax exemptions for 56 historic properties. All applications met the criteria for preservation and maintenance according to Section 11.316(7) of the City of Round Rock Zoning Ordinance. The Commission did not recommend approval of the partial tax exemption for only one property. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 8.A.2. Consider public testimony regarding the proposed amendments to the Land Use • Assumptions, Capital Improvements Plan, and water and wastewater impact fees. Joe Vining, Planning Director made the staff presentation. On June 5, 2002, the Capital Improvement Advisory Committee reviewed and recommended approval of the updated Land Use Assumptions; Capital Improvements Plan and proposed impact fees as presented by S.D. Kallman, L.P. • Capital improvements to the water system to serve the projected growth have a projected cost of$ 5,820.00 per LUE. • Capital improvements to the wastewater system to serve the projected growth have a projected cost of$ 2,118.00 per LUE. Section 395 of the Texas Local Government Code only permits recovery of fifty percent of this cost through impact fees. Section 395.053 of the Texas Local Government Code requires that the • Council receive this report as the first step of updating impact fees. The report supports the following impact fees. Water $ 2,910.00 per LUE Wastewater $ 1,059.00 per LUE Total $ 3,969.00 per LUE 1 :9.9 JULY 11, 2002 The updated water and wastewater impact fees will permit recovery of fifty percent of the cost of Capital improvements to the water and wastewater systems necessary to accommodate projected growth. Mayor Maxwell opened the public hearing. Harry Savio, 7952 Anderson Square, Austin,representative of the Texas Capital Builders • Association expressed his concern regarding the increase of impact fees without sufficient notice. He added that a large amount of the building community does not know about the increase in these fees and he asked for a reasonable delay so that the notification could be conducted. There being no further public testimony, the public hearing was closed. ORDINANCES: 9.A.1. Consider an ordinance amending Chapter 3, Section 3.900 of the Round Rock Code of Ordinances to adopt the most recent edition of the National Electrical Code and abolishing the Electrical Examining and Advisory Board. (First Reading) Gary Lawrence, Chef Electrical Inspector made the staff presentation. The City is currently using the adopted 1999 Edition of the National Electrical Code. Staff recommended that the current 2002 Edition of the • Code be adopted. Additionally, staff recommended the abolishment of the Electrical Examining and Advisory Board because the newly established Building Standards Commission would be handling the duties once handled by the Electrical Board. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS REPEALING SECTION 3.903(3) OF THE CODE OF ORDINANCES, (1995 EDITION) CITY OF ROUND ROCK REGARDING THE ELECTRICAL EXAMINING AND ADVISORY BOARD; AMENDING CERTAIN SUBSECTIONS OF SECTION 3.900, CODE OF ORDINANCES, (1995 EDITION) CITY OF ROUND ROCK, ADOPTING THE UPDATED EDITION OF THE NATIONAL ELECTRICAL CODE; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 200 JULY 11, 2002 MOTION: Councilmember Coe moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan • Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 9.B.1. Consider an ordinance granting a partial exemption from ad valorem taxes for certain qualified historically significant properties located within the city limits of Round Rock. (First Reading) A public hearing was held earlier in the meeting regarding this item. There was no further discussion. ORDINANCE NO. AN ORDINANCE GRANTING A PARTIAL EXEMPTION FROM AD VALOREM TAXES FOR CERTAIN QUALIFIED HISTORICALLY SIGNIFICANT PROPERTIES LOCATED WITHIN THE CITY LIMITS OF ROUND ROCK, TEXAS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION. Councilmember Pitt moved to adopt the ordinance. Councilmember Knight • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 2 .0 . JULY 11, 2002 9.13.2. Consider an ordinance amending Chapter 10, Section 10.204 of the Round Rock Code of Ordinances to adopt the Land Use Assumptions, Capital Improvements Plan, and water and wastewater impact fees. (First Reading) A public hearing was held earlier in the meeting regarding this item. The impact fees proposed to go into effect on August 1, 2002 are as follows. • Water $ 2,910.00 per LUE • • Wastewater $ 1,059.00 per LUE • Total $ 3,969.00 per LUE The Council and staff discussed the concerns that were brought up by Mr. Savio regarding the impact fees. The Council reminded Mr. Savio that the increase of the impact fees and their adoption were discussed over a year ago. Councilmember Pitt asked Mr. Savio what he considered as "a reasonable time"to notify the building community about the increase of the impact fees. Mr. Savio responded, "January 1, 2003." ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.204, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING THE WATER AND WASTEWATER IMPACT FEES, AND ADOPTING NEW LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLAN; PROVIDING FOR A SAVINGS CLAUSE AND • REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. RESOLUTIONS: 10.A.1. Consider a resolution authorizing the City Manager to issue a purchase order to Musco Lighting for the purchase of lights for a football field in Old Settlers Park at Palm Valley. • Sharon Prete, Parks and Recreation Director made the staff presentation. There are two football fields in the sports complex at Old Settlers Park at Palm Valley. The second of two fields needs to be lighted to allow extended play. The cost will be$59,755 and is the first project funded out of the G.O. Bonds. RESOLUTION NO. JULY 11, 2002 WHEREAS, the City of Round Rock has a need for the purchase and installation of football field lights for Old Settlers Park at Palm Valley, and WHEREAS, the City has entered into an Interlocal Participation Agreement with the Texas Local Government Purchasing Cooperative to facilitate compliance with state bidding requirements, and WHEREAS, the Texas Local Government Purchasing Cooperative has contracted with Musco Lighting to provide football field lights to participating local governments, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to • Musco Lighting for the purchase and installation of football field lights for 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. RESOLVED this 11th day of July, 2002 NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt • Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 10.B.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Lloyd N. Ricketson and wife Mary Ann Ricketson for right-of-way for the CR 122 project. Steve Sheets, City Attorney made the staff presentation. This property is needed for the widening of County Road 122 to accommodate the increased traffic this road has been experiencing. The cost will be $7,776 of which$4,776 is for the property and$3,000 for the septic system. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.099 acre tract of land for additional right-of- • way for the CR 122 Project, and WHEREAS, Lloyd N. Ricketson, and wife Mary Ann Ricketson, the owners of the property, have agreed to sell said property to the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Lloyd N. Ricketson, and wife Mary Ann Ricketson, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit"A" 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 2 ,0 3 JULY 11, 2002 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 11th day of July 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 10.C.1. Consider a resolution authorizing the Mayor to execute an Agreement for Application Software Products and Services with Open Software Solutions, Inc. for the purchase, installation and support of a Computer Aided Dispatch/Records Management System. Paul • Conner, Chief of Police gave the staff presentation. This is the second of a two-year process to replace the Police and Fire Department's computer-aided dispatch(CAD) and Records Management(RMS) system using Cellular Digital Packet Data(CDPD),which will allow the wireless transfer of license, criminal record and other information between the police station and officers in the field. This approach to communications and wireless data transfer is ideal for short rapid data exchange and is characterized by low entry costs for agencies. Additional features of the system will be auto-vehicle locators to allow real-time tracking of police units, laptops in patrol cars and mobile display terminals in fire trucks using wireless data transfer. This program also will create a mapping system tied into the city's existing ArcView mapping system for use by officers and firefighters in the field. CAD/RMS systems help Police and Fire service agencies improve dispatch efficiency,provide quick response, and deliver accurate information to • personnel in the field. From the initial emergency call CAD will record all relevant details of the p g Y call-for-service and assist in the assignment of police patrol or emergency units. In addition, CAD provides access to state and national systems for tracking criminal warrants and criminal histories. CAD systems allow public safety officers to gather critical information related to calls- for-service through wireless communications systems coupled with mobile computers installed in their vehicles. :2. 04 JULY 11,2002 Police Lieutenant Allen Babin gave a visual overview of the entire project. The cost will be $1,086,499.00. Ray Ganner, Consultant, gave a visual overview of the selection process. RESOLUTION NO. WHEREAS, the City has a need for technical services for the purchase, installation; and support of a Computer Aided Dispatch/Records Management System, and • WHEREAS, Open Software Solutions, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Open Software Solutions, 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 for Application Software Products and Services with Open Software Solutions, Inc. for the purchase, installation, and support of a Computer Aided Dispatch/Records Management System, a copy of said agreement being attached hereto as Exhibit "A" 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. RESOLVED this 11th day of July 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Coe moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 10.D.1. Consider a resolution authorizing the Mayor to execute a contract with Ke stone Construction, Inc. for the South Creek Pressure Improvements Protect. Tom Word made the staff presentation. The general scope of work under this contract is to install two (2)pressure- • reducing valves (PRVs) to serve the north end of the South Creek Development. This area has been experiencing higher than normal water pressures in the range of 100 psi plus. With the completion of this project these pressures will be reduced to within the 60 to 90 psi pressure ranges. Five(5)bids were received and opened at 2:00 p.m. on Tuesday, June 18, 2002 with a high bid of$187,546.00 and a low bid of$89,600.00. The second lowest responsible bid was 2 .0b JULY 11,2002 received from Keystone Construction, Inc. at$144,120. The low bid of$89,600.00 was rejected as unreasonable scope of work under this contract. Staff concurred with HDR's recommendation to award the contract to Keystone Construction, Inc. at a cost of$144,120.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the South Creek • Pressure Improvements Project, and WHEREAS, Keystone Construction, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Keystone Construction, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Keystone Construction, Inc. for the South Creek Pressure 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. RESOLVED this 11th day of July, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Knight • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember.Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 10.D.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with WHM Transportation Engineering Consultants, Inc. for the design of traffic signals at the intersection of Creekbend Boulevard and FM 3406. Tom Word, Director of Transportation Services made the staff presentation. Preliminary traffic studies indicate that • Creekbend Boulevard and FM 3406 meet traffic signal warrants. WHM Transportation Engineering Consultants, Inc.,will be preparing a traffic signal warrant analysis for the proposed traffic signal installation(Stage 1). After the Texas Department of Transportation has reviewed the warrant study, and if it is determined that the signal warrant is not warranted, the signal design will not be completed. Should the study meet the warrants, the work will proceed to 2 .0`6 JULY 11, 2002 Stage 2. Stage 1, for the preparation of a traffic signal warrant analysis will cost$600.00; Stage 2 will only be enacted should installation of the signal be approved and this cost will be $9,900.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of traffic signals at the intersection of Creekbend Boulevard and FM 3406, and WHEREAS, WHM Transportation Engineering Consultants, Inc. has submitted a Contract for Engineering Services to provide said services, and • WHEREAS, the City Council desires to enter into said contract 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 a Contract for Engineering Services with WHM Transportation Engineering Consultants, Inc., for the design of traffic signals at the intersection of Creekbend Boulevard and FM 3406, a copy of said contract being attached hereto as Exhibit"A" 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 RESOLVED this 11th day of July 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Mayor Pro-tem • Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. APPOINTMENTS: 11.A. Consider 5 appointments to the Planning and Zoning Commission. 11.B. Consider 3 appointments to the Zoning Board of Adjustments. 11.C. Consider 4 appointments to the Historic Preservation Commission. • 1 LD. Consider 3 appointments to the Community Development Commission. I I.E. Consider 2 appointments to the Round Rock Housing Authority. 1 LF. Consider 5 appointments to the Building Standards Commissions. 11.G. Consider 4 appointments to the Ethics Review Commission. MOTION: Councilmember Knight moved to table items I IA through 11G until July 25th. Councilmember Pitt seconded the motion. 207 JULY 11,2002 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. • 1 LH. Consider 5 appointments to fill unexpired terms on the Round Rock Industrial Development Board of Director's. Mayor Maxwell opened the floor for nominations. MOTION: Councilmember Knight moved to appoint Mayor Maxwell, Councilmember Gallahan, Councilmember Pitt, Mayor Pro-tem Nielson, and Councilmember Coe to the Round Rock Industrial Development Board of Directors. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. • 111 Consider 5 appointments to the Round Rock Health Facilities Board of Directors. Mayor Maxwell opened the floor for nominations. MOTION: Councilmember Knight moved to appoint Mayor Maxwell, Councilmember Pitt, Councilmember Gallahan, Councilmember Coe, and himself to the Round Rock Health Facilities Board of Directors. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 1 U. Consider 2 appointments to the Round Rock Housing Finance Board of Directors. • p Mayor Maxwell opened the floor for nominations. Y MOTION: Councilmember Pitt moved to appoint Mayor Maxwell and Councilmember Knight to the Round Rock housing Finance Board of Directors. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight JULY 11, 2002 Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. MAYOR AND COUNCIL COMMENTS: Councilmember Gallahan announced that the City will be hosting a forum at the Library • on July 16th from 7:00 p.m. to 9:00 p.m. to receive input regarding smoking in restaurants in Round Rock. ADJOURNMENT: There being no further business, the meeting adjourned at 8:45 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary • • 209 JULY 25,2002 The Round Rock City Council met in Executive Session and Regular Session on Thursday, July 25, 2002 in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE SESSION TO ORDER- 6:45 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot • Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Executive Session as authorized by$551.072 Government Code,related to the purchase of 0.9608 acres out of the J M Harrell Survey owned by TXRR, LLC which is located at the corner of Emmanuel Street and Wonder Drive. The Council entered into Executive Session at 6:50 p.m. and adjourned at 6:57 p.m. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom • Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Don Erickson, 1108 Nottingham Hill, and Steve Carrizal of the Pastors Association requested that September 7th-8th be designated as Days of Prayer in honor of the September 11, 2001 victims and that September l lt"be designated as a Day of Remembrance. Desty Muturi, 3328 High Cotton Way, submitted a petition requesting that a neighborhood park/playground be established in Bradford Park. Harry Savio, 7952 Anderson Square, Executive Vice President of the Texas Capitol Area Builders Association,presented a letter to the Council requesting a meeting to discuss details of • the proposed hn act Fee Ordinance and to resent alternate figures the Association calculated P P p p g regarding the impact fees. PROCLAMATIONS: 8.A. Consider a proclamation designating August 6, 2002 as the 19th Annual National Night Out in the City of Round Rock. Mayor Maxwell read the appropriate proclamation and 210 JULY 25, 2002 presented it to Police Chief Paul Conner. Chief Conner outlined the activities that the various neighborhoods were planning for this event. 8.B. Consider a proclamation acknowledging World Breast Feeding Day on August 1, 2002 in the City of Round Rock. Mayor Maxwell read the appropriate proclamation and presented it to a representative of the Williamson County Health Department. PRESENTATIONS: • 9.A.1. Consider a presentation concerning the graduation of King Network Solutions from Connection Station. Mona Ryan, Community Development Coordinator made the staff presentation. The Microenterprise Assistance Program is a program available to low and moderate income individuals who need assistance in establishing a new business. King Network Solutions entered the Program on September 5, 2000 and has now successfully graduated from the Program. Through assistance provided to this company in Connection Station, the owner has been able to establish the company in a capacity that will provide a service to the U.S. government. Ms. King of King Network Solutions will be assisting in training counter- intelligence and interrogation team soldiers on certain software and systems. 9.B.1. Consider a presentation on the status of the City's process for determining the • qualifications and selection of professional consulting firms for a 2001 General Obligation Bond Park Authorization Proiects. This item was withdrawn from the agenda at the request of Staff. 9.C.1. Consider a presentation regarding the pending award of a construction contract for the Water Treatment Plant, Phase V Improvements. Jim Nuse, Chief of Operations/Assistant City Manager, Tom Clark, Director of Utilities, and Kim Lutz, Environmental Service Manager made the staff presentation concerning the construction of Phase V for the Water Treatment Plant. Ms. Lutz gave a brief overview of the water plant expansion and the process for treating water. Mr. Clark gave a brief overview on the operation of the Water Plant. • Mr. Woelke of HDR gave a brief overview on water treatment regulations. 10.A.1. Consider public testimony concerning a grant application to the Texas Parks and Wildlife Department for the construction of the Senior Citizens Center. Sharon Prete, Parks and Recreation Director made the staff presentation. The Parks,Recreation and Open Space Master Plan identified the development of a new Senior Citizens Center as one of out top priorities. The current Senior Center is no longer adequate to house the senior population. The cost of the Senior 211 JULY 25, 2002 Citizens Center,which would provide adequate space for the seniors and allow expansion and further development of the senior programming,will be $4.63 million. This application is for a matching grant and is additional funding for the Senior Center. Mayor Maxwell opened the public hearing. Ruth Koughan, 211 Round Rock Avenue, expressed her support for the grant application. • In addition Ms. Kou han is donating$5,000 to o towards the construction of the new Senior g g g Center. There being no further public testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *12.A. Consider approval of the City Council minutes for July 11, 2002. *14.A.1. Consider a resolution authorizing the City Manager to issue purchase orders to Dooley Tackaberry Fire &Rescue Equipment, Fire Supply, Inc.,Metro Fire Apparatus • Specialists, Inc., Wilson Fire Apparatus &Equipment, and Casco Industries,Inc. for the purchase of fire equipment to be carried on two new fire engines. *14.C.1. Consider a resolution determining the public necessity for the acquisition of 0.014 acres, 0.347 acres, and 2.142 acres of land and associated temporary construction easements for the East Water Transmission Line project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. *14.F.1. Consider a resolution authorizingthe e Mayor to execute Supplemental Agreement No. 2 to the Contract for Engineering Services with Chiang, Patel &Yerby, Inc. for the realignment and reconstruction of CR 113 from FM 1460 to the MKT Railroad right-of-way. *14.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Contract for Engineering Services with Chiang,Patel &YerbL Inc. for • the design of box culverts under R.M. 620 at the Round Rock Hospital. MOTION: Councilmember Coe moved to approve all the items listed in the consent agenda. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan 212 JULY 25,2002 Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *12.A. Consider approval of the City Council minutes for July 11, 2002. This item was approved under the consent agenda. • ORDINANCES: 13 A 1 Consider an ordinance amending Chapter 10 Section 10.204 of the Round Rock Code of Ordinances to adopt the Land Use Assumptions Capital Improvements Planand water and wastewater impact fees. (Second Reading) Jim Nuse, Chief of Operationrs/Assistant City Manager made the staff presentation. On June 5, 2002, the Capital Improvement Advisory Committee reviewed and recommended approval of the updated land use assumptions, capital improvements plan and proposed impact fees as presented by S.D. Kallman, L.P. The Capital improvements to the water system,which will serve the projected growth, have a projected cost of$ 5,820.00 per LUE. The Capital improvements to the wastewater system, which will serve the projected growth, have a projected cost of$ 2,118.00 per LUE. Section 395 of the Texas • Local Government Code only permits recovery of fifty percent of this cost through impact fees. The report from S.D. Kallman, L.P. support the following impact fees. Water $ 2,910.00 per LUE Wastewater $ 1,059.00 per LUE Total $ 3,969.00 per LUE Mr. Nuse addressed questions Harry Savio raised about the impact fees during the Citizens Communication portion of the meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.204, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING THE WATER AND WASTEWATER IMPACT FEES, AND ADOPTING NEW LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLAN; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember • McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None 2..1_" JULY 25,2002 ACTION: The motion carried unanimously. 13.B.1. Consider an ordinance amending Chapter 1, Section 1.2700 of the Round Rock Code of Ordinances making the daytime curfew period permanent. (First Reading) Paul Conner, Chief of Police made the staff presentation. In July 2001, the Department brought to Council a proposed ordinance change to establish a daytime curfew to address the problem of children not • being in school during school hours. This ordinance was approved for a one-year trial period, after which the Department was to present to Council the results of the trial period. The results were presented to the Council at their July 11, 2002 Council meeting. Staff gave a brief overview of that presentation and recommended a permanent daytime curfew for school-aged youths. The ordinance will allow the Police Department to continue using daytime curfews as a tool to address the problems of youths not being in school during school hours. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.2700, CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, TEXAS TO MAKE THE DAYTIME CURFEW PERIOD FOR THE TIME PERIOD MINORS SHOULD BE IN SCHOOL PERMANENT; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. *14.A.1. Consider a resolution authorizing the City Manager to issue purchase orders to Dooley Tackaberry Fire&Rescue Equipment, Fire Supply, Inc., Metro Fire Apparatus Specialists, Inc., Wilson Fire Apparatus &Equipment, and Casco Industries, Inc. for the purchase of fire equipment to be carried on two new fire engines. This item was approved under • the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of fire equipment to be carried on two new fire engines, and WHEREAS, the City Council wishes to accept the bids of the suppliers for the fire equipment which are the lowest responsible bids as to specific types of equipment, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 214 JULY 25,2002 That the bid Dooley Tackaberry Fire & Rescue Equipment is hereby accepted as the lowest responsible bid for the equipment listed on Exhibit "A" and the City Manager is hereby authorized and directed to issue a purchase order in the amount of $14,182.65 for said equipment, and That the bid Fire Supply, Inc. is hereby accepted as the lowest responsible bid for the equipment listed on Exhibit `B" and the City Manager is hereby authorized and directed to issue a purchase order in the amount of$1,467.83 for said equipment, and That the bid Metro Fire Apparatus Specialists, Inc. is hereby accepted as the lowest responsible bid for the equipment listed on Exhibit "C" and the City Manager is hereby authorized and directed to issue a purchase order in the amount of$2,961.00 for said equipment, • and That the bid Wilson Fire Apparatus & Equipment is hereby accepted as the lowest responsible bid for the equipment listed on Exhibit "D" and the City Manager is hereby authorized and directed to issue a purchase order in the amount of$8,686.00 for said equipment, and That the bid Casco Industries, Inc. is hereby accepted as the lowest responsible bid for the equipment listed on Exhibit `B" and the City Manager is hereby authorized and directed to issue a purchase order in the amount of$3,658.00 for said equipment. 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 July, 2002. 14 B 1 Consider a resolution authorizing the Mayor to execute a letter of agreement with Randy C Cain of Hilgers &Watkins and Susan Rocha of Denton,Navarro &Bernal for professional lobbying services. Bob Bennett, City Manager and Steve Sheets, City Attorney City has retained professional lobbying • made the staff presentation. For the past several years the C y p services. Staff recommended that the City retain Randy C. Cain and Susan Rocha for this service. Mr. Cain and Ms. Rocha are both attorneys and both have extensive experience representing the interest of cities,both as city attorneys and as lobbyists for cities. They also come highly recommended by the staff of the Texas Municipal League. The cost of the service will be $6,250 per month. Councilmember Gallahan asked that the lobbyist provide a report of services that they perform for the City. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional lobbying services, and WHEREAS, Randy C. Cain of Hilgers & Watkins and Susan Rocha of Denton, Navarro • &Bernal,have submitted a letter of agreement to provide said services, and WHEREAS, the City Council desires to enter into said letter of agreement with Randy C. Cain of Hilgers &Watkins and Susan Rocha of Denton,Navarro &Bernal,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 agreement with Randy C. Cain of Hilgers & Watkins and Susan Rocha of Denton, Navarro & Bernal, for professional lobbying services, a copy of said agreement being attached hereto as Exhibit"A" 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 2 -1 -5 JULY 25, 2002 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 July, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. *14.C.1. Consider a resolution determining the public necessity for the acquisition of 0.014 acres, 0.347 acres, and 2.142 acres of land and associated temporary construction easements for the East Water Transmission Line project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. This item was approved under the consent agenda. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE PROPERTY FOR THE EAST TRANSMISSION WATERLINE PROJECT AND ASSOCIATED PUBLIC PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; 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 exists a public necessity for the welfare of the City and the public-at-large to build, install, construct and maintain the East Transmission Waterline and to perform associated public purposes ("Project"); and WHEREAS, in accordance with the above, the City Council, hereby finds that it is a necessity and in the public interest to acquire a permanent easement in approximately 0.014 acres of land and a temporary construction easement in approximately 1600 square feet of land, in • Williamson County, Texas more particularly described in Exhibit "A", attached hereto and incorporated herein by reference; a permanent easement in approximately 0.347 acres of land and a temporary construction easement in approximately 56,243 square feet of land, in Williamson County, Texas more particularly described in Exhibit `B", attached hereto and incorporated herein by reference; a permanent easement in approximately 2.142 acres of land and a temporary construction easement in approximately 241,262 square feet of land, in Williamson County, Texas more particularly described in Exhibit "C", attached hereto and incorporated herein by reference ("Property"); for the above stated public purposes; and WHEREAS, it is necessary to establish procedures for determining and approving just compensation for the Property to be acquired for this Project,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, 2 :1, 6 JULY 25, 2002 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 construct, install, and maintain the East Transmission Waterline and to acquire permanent easements and temporary construction easements in the above described lands, in order to allow the City to complete said Project. Section 2. The City Attorney or its designated agent, is hereby authorized on behalf of the City to attempt to contract, on behalf of the City, professional surveyors and appraisers, as needed, to perform professional services in connection with the East Transmission Waterline Project and associated public purposes, to negotiate, settle and agree on damages and compensation to be paid to owners of the Property, and to make official, written, bona fide offers to the owners for the appraised value of said Property. If it is determined that an agreement as to • the value of said Property, damages and/or compensation to be paid 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 a permanent easement in the above described lands, in order to allow the City complete said Project, and to perform and undertake all other proceedings necessary to complete the acquisition of the Property. Section 3. It is the intent of the City Council that this resolution authorizes the condemnation of all property required to complete the East Transmission Waterline Project and associated public purposes. 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 City Attorney 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. RESOLVED this 25th day of July, 2002. 14 D 1 Consider a resolution adopting the 2002-2003 Community Development Annual Action Plan. Mona Ryan, Community Development Coordinator made the staff presentation. The City is required to adopt a plan on how block grant money will be spent in the next fiscal year. A series of public hearings on community needs were held earlier in the year to gather input from citizens and public agencies. After the plan was developed, additional public hearings were held for additional input and a thirty-day comment period was established to address any concerns. The Community Development Advisory Commission recommended approval of the 2002-2003 Community Development Action Plan at its meeting on July 10, 2002. RESOLUTION NO. • WHEREAS, the City of Round Rock has prepared the 2002-2003 Community Development Annual Action Plan, ("Plan") which identifies how the City will use federal resources to meet priority community needs, and WHEREAS, the Plan identifies resources which will improve the lives of the City's residents by providing homeownership assistance, improving neighborhoods, providing economic opportunities, and delivering needed services, and WHEREAS, the City wishes to adopt said 2002-2003 Community Development Annual Action Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, JULY 25, 2002 That the City Council hereby adopts the 2002-2003 Community Development Annual Action Plan, a copy of which is attached hereto as Exhibit "A" 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. RESOLVED this 25th day of July, 2002. • NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • 14.D.2. Consider a resolution authorizing the Mayor to execute a Grant Contract with the Texas Historical Commission for Certified Local Government funds. Joe Vining, Planning Director made the staff presentation. Round Rock was awarded$5,000 in Certified Local Government funds. The Certified Local Government program receives funds from the National Parks Service and is administered by the Texas Historical Commission. This grant will be used to fund a land use inventory and existing structure review for the southwest section of the downtown. The inventory will form the basis for a future district plan for this area. A mixture of low scale residential and commercial development characterizes this district,which already has several historically designated structures in it. The district plan will include design guidelines for new infill properties, streetscaping standards, recommendations for future zoning, and recommendations for additional historic designations. The award contract will terminate on April • 30, 2003. RESOLUTION NO. WHEREAS, the Texas Historical Commission has grant funds available from the U.S. Department of the Interior, National Park Service, through the Certified Local Government program, and WHEREAS, the City Council wishes to make application for grant funds to provide financial assistance for the continued development of Round Rock's historic districts, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 2 .18 JULY 25, 2002 That the Mayor is hereby authorized and directed to execute on behalf of the City a Grant Contract with the Texas Historical Commission for the above-described grant, a copy of said Grant Contract being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of July, 2002. KYLE MAXWELL • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 14 E 1 Consider a resolution authorizing the Mayor to execute a Real Estate Contract • with TXRR LLC for the purchase of 0.9608 acres out of the J.M. Harrell Survey located at the corner of Emmanuel Street and Wonder Drive. Sharon Prete,Parks and Recreation Director made the staff presentation. The Parks and Recreation Department has been acquiring property along Brushy Creek, for the city wide trail system,which is also part of the Brushy Creek Regional Trail System. This tract is located to the west of the Bathing Beach Property that we purchased recently and will be a welcomed addition to the City's area holdings, to include The Crossing and Round Rock Memorial Park. This property is currently zoned to accommodate 3.5- 4 duplex units. Acquisition of this property will enhance the transition of the areas and will allow us ample room to provide a needed trailhead at this location. The cost of the tract is $45,000. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.9608 acre tract of land at the corner of • Emmanuel Street and Wonder Drive for parkland, and WHEREAS, TXRR,LLC, the owner of the property,has agreed to sell said property to the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with TXRR, LLC, for the purchase of the above described 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 219 JULY 25, 2002 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 July, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 14.E.2. Consider a resolution authorizing the City to make the necessary grant application to the Texas Parks &Wildlife Department for an Indoor Recreation Grant for the new Senior Citizens Center. Sharon Prete,Parks and Recreation Director made the staff presentation. • A public hearing was held earlier in the meeting concerning this item. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas, hereinafter referred to as "City", desires to make application to the Texas Parks & Wildlife Department, hereinafter referred to as "Department", to participate in the Texas Recreation & Parks Account Grant Program, hereinafter referred to as "Program", and WHEREAS, the Texas Legislature has approved the Program (Section 24 of the Parks & Wildlife Code) for the purpose of allowing the political subdivisions of the State of Texas to participate in the Program, and WHEREAS,the City is fully eligible to receive assistance under the Program, and WHEREAS, City is desirous of authorizing an official to represent and act for the City in dealing with the Department concerning the Program,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, 1. The City hereby certifies that it is eligible to receive assistance under the Program. 2. The City hereby certifies that the matching share for this application is readily available at this time. 3. The City hereby authorizes and directs Sharon Prete, Director of Parks and Recreation, to act for the City in dealing with the Department for the purpose of the Program, and • Sharon Prete is hereby officially designated as the representative in this regard. 4. The City hereby specifically authorizes the official to make application to the Department for an Indoor Recreation Grant concerning a proposed facility to be known as the Senior Citizens Center in the City of Round Rock for use as a recreation facility, and that the Senior Citizens Center will be dedicated for public recreation purposes in perpetuity upon completion. 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 July, 2002. -2:2 ,'Q JULY 25,2002 NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. *14.F.l. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Contract for Engineering Services with Chiang, Patel &Yerby, Inc. for the realignment and reconstruction of CR 113 from FM 1460 to the MKT Railroad right-of-way. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for • Engineering Services with Chiang, Patel & Yerby, Inc. for the preparation of construction documents for the realignment and reconstruction of CR 113 from FM 1460 to the abandoned MKT Railroad right-of-way in Williamson County, and WHEREAS, Chiang, Patel & Yerby, Inc. has submitted Supplemental Agreement No. 2 to the Contract for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Chiang,Patel &Yerby, 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 Contract for Engineering Services with Chiang, Patel & Yerby, Inc. to extend the contract date, a copy of said amendment being attached hereto as Exhibit"A" 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. RESOLVED this 25th day of July, 2002. *14.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Contract for Engineering Services with Chiang Patel &Yerby, Inc. for the design of box culverts under R.M. 620 at the Round Rock Hospital. This item was approved under the consent agenda. RESOLUTION NO. 221 JULY 25,2002 WHEREAS, the City of Round Rock has previously, entered into a Contract for Engineering Services with Chiang, Patel &Yerby, Inc. for the design of box culverts under R.M. 620 at the Round Rock Hospital, and WHEREAS, Chiang, Patel & Yerby, Inc. has submitted Supplemental Agreement No. 2 to the Contract for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Chiang,Patel&Yerby, 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 Contract for Engineering Services with Chiang, Patel & Yerby, Inc. to extend the contract date, a copy of said amendment being attached hereto as Exhibit"A" 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. RESOLVED this 25th day of July, 2002. 14.F.3. Consider a resolution authorizing the Mayor to execute a contract with Martin K. Eby Construction Company, Inc. for the construction of the Water Treatment Plant Expansion, Phase V. Tom Clark, Utility Director made the staff presentation. Council approved the current contract with CDM for the Phase V of the Water Treatment Plant Expansion on the 22°a day of February 2001. These improvements are needed due to the rapid growth we've seen over the last few years and the Safe Drinking Water Act(SDWA),both of which created the need for this • increase in treatment capacity to be on line four years earlier than was projected. This expansion will give the City approximately 48 MGD of peak demand water from Lake Georgetown. The general scope of work under this contract is to construct a 24-MGD Water Treatment Plant, including an additional high service pump, and a new chlorine storage and feed facility. Martin K. Eby Construction Company Inc. submitted the low bid of $15,229,552.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Water Treatment Plant Expansion,Phase V Project, and WHEREAS, Martin K. Eby Construction Company, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Martin K. Eby Construction Company,Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a • contract with Martin K. Eby Construction Company, Inc. for the Water Treatment Plant Expansion, Phase V 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. RESOLVED this 25th day of July, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: 222 JULY 25,2002 CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt • Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 141.4. Consider a resolution authorizing the Mayor to execute a contract with G. Steven Smith General Contractors, Inc. for the construction of a masonry fence and tree wells at Dell Way and Mays Street. Tom Word, Director of Transportation Services, made the staff presentation. Along with the newly constructed roadway at South Mays a masonry fence was promised to the residents of the local neighborhoods for the purpose of reducing sound, and sight of the traffic. The masonry fence will provide not only an eye pleasing corridor buffer, but will also provide,the local residents with a sight, and sound barrier from the traffic along the new i General r e • Mays Roadway. G. Steven Smith Ge era Contractors submitted the low bid of$70,541.84. RESOLUTION NO. WHEREAS, the.City of Round Rock has duly advertised for bids for the construction of a masonry fence and tree wells at Dell Way and Mays Street, and WHEREAS, G. Steven Smith General Contractors, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of G. Steven Smith General Contractors, 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 G. Steven Smith General Contractors, Inc. for the construction of a masonry fence and tree wells at Dell Way and Mays 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. RESOLVED this 25th day of July, 2002. • NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson 223 JULY 25, 2002 Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • 14.17.5. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation to enter into an Agreement to Contribute Funds with the Texas Department of Transportation for a highway project on US 79. Tom Word, Director of Transportation Services,made the staff presentation. On July 25, 2002, the Round Rock Transportation System Development Corporation entered into a Funding Agreement with the State of Texas in which the Corporation agreed to pay 10% of the eligible costs associated with relocating and adjusting utilities for the proposed US 79 Road project. This expenditure is also included in the Corporation's currently approved Transportation Capital Improvement Program. In the agreement, the Texas Department of Transportation is responsible for the management of the utility adjustments on US 79 from east of FM1460 to west of FM1460 and payment of adjustment costs for the Corporation. The initial contribution of$30,000 is based on TxDOT's • current cost estimates for the relocations in the amount of$300,000. RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation wishes to enter into an Agreement to Contribute Funds with the Texas Department of Transportation for the relocation of utilities for a highway project on US 79 from east of FM 1460 to west of FM 1460 more specifically described as from C.R. 195 to 1500' west of FM 1460 as shown on the attached Exhibit`B", and WHEREAS, the City Council wishes to approve of such action,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves the action of the Round Rock Transportation System Development Corporation in entering into an Agreement to Contribute Funds with the Texas Department of Transportation for a highway project on US 79 as described above, a copy of said agreement attached hereto as Exhibit"A" 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. • RESOLVED this 25th day of July, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. 2.-2 -4 JULY 25, 2002 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 14.F.6. Consider a resolution declaring the City's intent to pursue the establishment of restrictions for the use of specific lanes of IH 35 by trucks. Tom Word,Director of Transportation Services, made the staff presentation. The Texas Legislature passed Senate Bill 773 in 1997 allowing municipalities to propose lane restrictions on certain portions of the state highway system. This will provide an additional safety measure for vehicular traffic on the Interstate and will take 30'0 days to complete once all the process has been completed. RESOLUTION NO. WHEREAS, §545.0651 of the Transportation Code provides that a municipality may adopt an ordinance which restricts, by class of vehicle, through traffic to two designated lanes of a highway, and WHEREAS, §545.0651 also provides that before adopting such an ordinance, the municipality shall submit to the Texas Department of Transportation a description of the proposed restriction, which must be approved by the Department's executive director, and WHEREAS, the City Council wishes to begin the process for adopting such an ordinance • for IH 35 in the city limits of Round Rock,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby directed to begin the process for adopting an ordinance pursuant to §545.0651 Transportation Code restricting, by class of vehicle, through traffic to two designated lanes of IH 35 in the city limits of Round Rock. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of July, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Coe seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 2 IL U JULY 25, 2002 APPOINTMENTS: 15.A. Consider 5 appointments to the Planning and Zoning Commission. Mayor Maxwell opened the floor for nominations. David Pavliska, Brad Ellis, Frank Del Castillo, Russ Boles, Peter Drapes,Karen Adair-Murphy,Paul Olsen and Betty Weeks were nominated. • MOTION: Mayor Pro-tem Nielson moved that nominations cease. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. The results from a poll of the Council follow: • David Pavliska - 7 votes appointed • Frank Del Castillo - 7 votes appointed • • Russ Boles - 7 votes appointed • Peter Drapes - 7 votes appointed • Betty Weeks - 7 votes appointed • Karen Adair-Murphy - 0 votes • Paul Olsen - 0 votes • Bradley Ellis - 0 votes 15.13. Consider 3 appointments to the Zoning Board of Adjustments. Mayor Maxwell opened the floor for nominations for 2 regular members. Jimmy Joseph, John Moman, and Carol Hearn were nominated for two regular terms. MOTION: Councilmember Coe moved that nominations cease. Councilmember • McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. The results from a poll of the Council follow: 226 JULY 25, 2002 • Jimmy Joseph - 2 votes • John Moman - 7 votes appointed • Carol Hearn - 5 votes appointed Mayor Maxwell opened the floor for nominations for the positions of alternates. Three positions for alternates needed to be filled since Ms. Hearn and Mr. Moman were moved from their current alternate positions to regular members positions. Jimmy Joseph, Scott Kirtley, and Roy Beard were nominated. MOTION: Councilmember Gallahan moved that nominations cease and to appoint Jimmy Joseph, Scott Kirtley and Roy Beard by acclamation. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Coe ACTION: The motion failed with 4 ayes and 3 noes. Mayor Maxwell reopened the floor for nominations for the positions of alternates. Jimmy • Joseph, Scott Kirtley, Roy Beard, and Brad Ellis were nominated. MOTION: Councilmember Coe moved that nominations cease. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmernber Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. The results from a poll of the Council follow: • Jimmy Joseph - 3 votes • Scott Kirtley - 7 votes appointed - term expires 2003 • • Roy Beard - 7 votes appointed - term expires 2004 • Brad Ellis - 4 votes appointed - term expires 2003 15.C. Consider 4 appointments to the Historic Preservation Commission. Mayor Maxwell noted that 1 position has a one-year term. 22 -7 JULY 25, 2002 MOTION: Councilmember Coe moved to table the one-year term position. Mayor Pro- tem Nielson seconded the motion. VOTE: Ayes: M - y Mayor Pro tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. Mayor opened the floor for nominations for the 3 positions that have two-year terms. Martha Ellis, Roy Beard, and Tim Bargainer were nominated. MOTION: Mayor Pro-tem Nielson moved that nominations cease. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None • ACTION: The motion carried unanimously. MOTION: Councilmember McGraw moved that Martha Ellis, Robert Brinkman and Tim Bargainer be appointed by acclamation. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 15.D. Consider 3 appointments to the Community Development Commission. Mayor Maxwell opened the floor for nominations to fill the unexpired term. Rodney Howard, Paul Olson, and Lisa Ann Palmeri were nominated. • MOTION: Councilmember McGraw moved that nominations cease. Mayor Pro-tem seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell 2:2 8 JULY 25,2002 Noes: None ACTION: The motion carried unanimously. The results from a poll of the Council follow: • Rodney Howard - 4 votes appointed - to fill unexpired term • Paul Olson - 0 votes • Lisa Ann Palmeri - 3 votes Mayor Maxwell opened the floor for nominations. Rick Guzman, Ebby Green, and Gisele Schaefer were nominated. MOTION: Councilmember McGraw moved that nominations cease and to appoint Rick Guzman, Ebby Green and Gisele Schaefer by acclamation. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • 15.E. Consider 2 appointments to the Round Rock Housing Authority. Mayor Maxwell opened the floor for nominations. Audrey Fontenot and Virginia Phillips were nominated. MOTION: Councilmember Coe moved that nominations cease and to appoint Audrey Fontenot and Virginia Phillips by acclamation. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 15.17. Consider 4 appointments to the Ethics Review Commission. • Mayor Maxwell opened the floor for nominations to fill the unexpired term. Jacob Talbot and Monica Beatty were nominated. MOTION: Councilmember Coe moved that nominations cease. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw 229 JULY 25, 2002 Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. The results from a poll of the Council follow: • Monica Beatty - 5 votes appointed Jacob Talbot - - 0 i,eWs-- Mayor Maxwell opened the floor for nominations for the 2-year terms. Dennis Graffious, Marvin Denman, and Rick Stewart were nominated. MOTION: Councilmember McGraw moved that nominations cease and to appoint Dennis Graffious, Marvin Denman and Rick Stewart by acclamation. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe • Mayor Maxwell Noes: None ACTION: The motion carried unanimously. MAYOR AND COUNCIL COMMENTS: Mayor Maxwell announced that his office is ready at the Library and will be available to meet with citizens.-He added that he is working on a schedule for regular office hours and when that has been determined it will be relayed to the public. Councilmember Gallahan announced that the City would be having a Day of Remembrance on September 11th at the Dell Diamond. When the final details are worked out, the information will be placed on the City's website. ADJOURNMENT There being no further business,the meeting adjourned at 9:12 p.m. • Respectfully submitted, Christine R. Martinez,City Secretary AUGUST 8,2002 The Round Rock City Council met in Executive Session and Regular Session on Thursday,August 8, 2002 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 Pro-tem Tom Nielson, Councilmember Carrie Pitt, Councilmember Isabel Gallahan and Councilmember Gary Coe. Mayor Nyle Maxwell and Councilmember Alan M • y y McGraw were absent. Councilmember Scot Knight arrived during item 3AL Also present were City Manager Bob Bennett and City Attorney Steve Sheets. EXECUTIVE SESSION: Executive Session as authorized by 051.071 Government Code, related to pending or contemplated litigation, to wit: 3.A.1. Intervention at the Railroad Commission of Texas in the TXU Lone Star Pipeline's request to increase residential and commercial gas rates. 3.A.2. Compromise, Settlement and Release Agreement in a franchise fee lawsuit styled City of Denton, Texas et al v. TXU Electric Company et al. The Council entered into Executive Session at 6:35 p.m. and adjourned at 6:54 p.m. • Executive Session as authorized by§551.072 Government Code,related to the purchase of real property, to wit: 3.B.1. Settlement Agreement with Charles Grady Barton, et al for the conveyance of certain utility easements and the termination of water supply agreement. The Council entered into Executive Session at 6:54 p.m. and adjourned at 6:59 p.m. CALL REGULAR SESSION TO ORDER—7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Pro-tem Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. Mayor Nyle Maxwell and Councilmember Alan McGraw were • absent. Also present were City Manager Bob Bennett and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Susan Ivester, 2914 Cedar Crest Circle, encouraged Council to adopt a Clean Air Ordinance to address second hand smoke from tobacco. Christine Eady, 15808 Hwy. 620 N., Suite 100, Austin, outlined statistics regarding the hazards of second-hand smoke. She encouraged the Council to adopt a No-Smoking in 2 3. . AUGUST 8,2002 restaurants ordinance.Nicole Master ohn, 2304 Emmett Parkway, Austin, gave statistics on second-hand smoke and encouraged the Council to adopt a smoke-free ordinance. Marc McClendon, 16011 Mickey Drive, Austin, outlined the City's current No Smoking and encouraged the Council to adopt a no smoking in restaurants ordinance. Rebecca Merrill, 3819 Eagles Nest, asked Council to approve a Save Indoor Air • Ordinance. Mayor Pro-tem Nielson noted that the smoking ordinance is a topic that will be a discussed at the Council's Work Session on August 28-29. PUBLIC HEARINGS: 8.A.1. Consider a public hearing regarding the proposed use of$21,419 in the 2002 Federal Local Law Enforcement Block Grant program. Paul Conner, Chief of Police made the staff presentation. The Local Law Enforcement Block Grant Program is a regular block grant program to which the Police Department applies annually. The program allows police agencies to purchase items they normally would not be able to fund. During the past three years, these grant funds have been used for computer and protective equipment, as well as computerized traffic • counters. The grant requires $2,380 in matching City funds. The Department plans to match well over this amount using funds from asset forfeitures (Law Enforcement Fund)to purchase one of two items: (1) database integration software to allow officers greater access to data stored throughout various stand-alone databases at a cost of $50,000; or(2) a computer-driven, use-of- force simulation system at a cost of $80,000. There will be no general fund expenditure; rather, it will come from the available forfeiture fund. The Law Enforcement Block Grant Board representatives of law enforcement,prosecution,the courts, education, and the community reviewed the purchases and concurred with the purchase options presented. Mayor Pro-tem Nielson opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: • The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *10.A.1. Consider an ordinance amending Chapter 1, Section 1.2700 of the Round Rock Code of Ordinances making the daytime curfew period permanent. (Second Reading) :232 AUGUST 8,2002 *10.D.1. Consider an ordinance amending Chapter 9, Section 9.503, Code of Ordinances (1995 Edition) designating a portion of Gulf Way Drive as a school speed zone. (First Reading) *11.G:1. Consider a resolution authorizing the Mayor to execute Amendment No. 3 to the Contract for Engineering Services with HDR Engineering, Inc. for the 1998-1999 Water System Improvements. • v p *11.G.2. Consider a resolution authorizing the Mavor to execute Amendment No. 3 to the Contract for Engineering eering Services with HDR Engineering, Inc. for the Lake Creek Pump Station Improvements project. *11.G.3. Consider a resolution authorizingthe e Mavor to execute Supplemental Agreement No. 5 to the Contract for Engineering Services with Earth Tech Transportation Services, Inc. for the Dell Way project. *11.G.4. Consider a resolution authorizing the Mayor to execute a Supplemental Agreement No. 2 to the Contract for Engineering Services with Chiang, Patel &Yerby, Inc. for the construction of water and sewer facility adjustments within the proposed FM 1460 Roadway Reconstruction Project. • *11.G.8. Consider a resolution authorizing the Mavor to execute a Contract for Surveying Services with Interstate Surveying,Inc. for surveying services related to the Water Treatment Plant Improvements. MOTION: Councilmember Coe moved to approve all the items listed in the consent agenda. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. • ORDINANCES: *10.A.1. Consider an ordinance amending Chapter 1, Section 1.2700 of the Round Rock Code of Ordinances making the daytime curfew period permanent. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AUGUST 8,2002 AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.2700, CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, TEXAS TO MAKE THE DAYTIME CURFEW PERIOD FOR THE TIME PERIOD MINORS SHOULD BE IN SCHOOL PERMANENT; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 10.13.1. Consider an ordinance amending the 2001-2002 Community Development Block Grant budget. (First Reading) Mona Ryan, Community Development Coordinator made • the staffp resentation. Funds are being shifted within the existing Community Development Block Grant program and no operating budget funds will be required. The changes are an increase in the Home Ownership Assistance Program, increase in the Rehabilitation of Existing Homes Program and increase in the Administration Program. ORDINANCE NO. AN ORDINANCE AMENDING THE 2001-2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET. MOTION: Councihnember Gallahan moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councihnember Knight • Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. 10.C.1. Consider an ordinance amending Chapter 1, Section 1.900 of the Round Rock Code of Ordinances, amending the Standards of Conduct and Financial Disclosure for City Officials. (First Reading)Mayor Pro-tem Nielson announced that Mayor Maxwell asked that this item be tabled until the next meeting so he could present when the Council addresses this ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS AMENDING CHAPTER 1, CODE OF ORDINANCES, (1995 EDITION) CITY OF ROUND ROCK, BY AMENDING • SECTION 1.900 STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE FOR CITY OFFICIALS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Knight moved to table the ordinance until the next meeting. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan :2 i,,3 4 AUGUST 8, 2002 Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. 10.C.2. Consider an ordinance amending Chapter 1 of the Round Rock Code of Ordinances by adding Section 1.900.1,Nepotism. (First Reading)Mayor Pro-tem Nielson announced that Mayor Maxwell asked that this item be tabled until the next meeting so he could • present when the Council addresses this ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS AMENDING CHAPTER 1, CODE OF ORDINANCES, (1995 EDITION) CITY OF ROUND ROCK, BY ADDING SECTION 1.900.1 NEPOTISM; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Coe moved to table the ordinance until the next meeting. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None • Absent: Mayor Maxwell Councihnember McGraw ACTION: The motion carried unanimously. *10 D 1 Consider an ordinance amending Chapter 9, Section 9.503, Code of Ordinances (1995 Edition) designating a portion of Gulf WE Drive as a school speed zone. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS DESIGNATING A PORTION OF GULF WAY DRIVE AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 10.D.2. Consider an ordinance authorizing the abandonment of an alley in Block 40, Round Rock original plat. (First Reading) Jim Nuse, Chief of Operations/Assistant City • Manager made the staff presentation. There are no utilities in this alley and staff recommended the abandonment of this alley. The residents along the alley are in favor of this action. ORDINANCE NO. AN ORDINANCE VACATING, ABANDONING,AND CLOSING AN ALLEY IN BLOCK 40, ROUND ROCK ORIGINAL PLAT, LOCATED BETWEEN STONE STREET AND BLACK STREET, AND LIBERTY AVENUE AND AUSTIN AVENUE, WITHIN THE CITY OF ROUND ROCK, TEXAS, PURSUANT TO SECTION 311.007, TRANSPORTATION CODE, .235 AUGUST 8,2002 V.A.T.S., PROVIDING A SAVINGS CLAUSE AND REPEALINGNFLI TING CO C ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt • Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell • Councilmember McGraw ACTION: The motion carried unanimously. RESOLUTIONS: 11.A.1. Consider a resolution authorizing intervention at the Railroad Commission of Texas in the TXU Lone Star Pipeline's request to increase residential and commercial gas rates. Steve Sheets, City Attorney made the staff presentation. On May 8, 2002, TXU Lone Star Pipeline (TXU) filed a request with the Texas Railroad Commission which, if granted,would increase the rates of gas customers in the City of Round Rock. A coalition of cities has been formed called the Association of TXU Municipalities (ATM). The purpose of theATM is to evaluate TXU's request, and to protest same, if it is necessary to ensure that the City's ratepayers are not charged more than the amount that is reasonable and necessary. This resolution will • authorize the City to join the ATM and the hiring of the Law Offices of Jim Boyle, PLLC to represent it as legal counsel. RESOLUTION NO. WHEREAS, on May 8, 2002 TXU Lone Star Pipeline (TXU LSP) filed a request at the Railroad Commission of Texas, GUD Docket No. 9304, to increase directly the rates of TXU LSP Customers and indirectly the rates of residential and commercial customers of TXU Gas residing within the City of Round Rock(City) and within other cities served by TXU Gas, and WHEREAS, TXU LSP is seeking to impose a surcharge related to expenditures for pipeline integrity and safety at an estimated cost of at least$15 million per year; and 23 6 AUGUST 8, 2002 WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act (GURA); and WHEREAS, the City has a fiduciary responsibility to its citizen-gas customers to insure that the rates charged by public utilities do not exceed what is reasonable or necessary; and WHEREAS, the evaluation of TXU LSP's Application to Increase Rates requires the specialized expertise of lawyers and consultants who regularly practice before the Railroad Commission of Texas; and WHEREAS, pursuant to GURA, Section 103.022 a municipality is entitled to reimbursement of its reasonable rate case expenses. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, • TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The City is authorized to intervene at the Railroad Commission or in Court with regard to any matters at issue in GUD Docket No. 9304. Section 3. The City is authorized to join with other cities to form a steering committee of cities served by TXU Gas at the city gate in order to coordinate the efforts to ensure that ratepayers are not charged more than what is reasonable and necessary. The coalition of cities is known informally as the Association of TXU Municipalities (ATM). Section 4. Subject to the right to terminate employment at any time, the City of Round Rock hereby authorizes the Law Offices of Jim Boyle, PLLC to act as legal counsel and to work with the experts approved by the steering committee, as outlined in a Letter of Engagement attached hereto as Exhibit"A". Section 5. The City, in coordination with the steering committee, shall review the invoices of its consultants for reasonableness before submitting such invoices for reimbursement pursuant to Section 103.022 of GURA. Section 6. That this resolution shall become effective from and after its passage. 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 8th day of August, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell • Councilmember McGraw ACTION: The motion carried unanimously. 11.B.1. Consider a resolution authorizing the Mayor to execute a Compromise, Settlement and Release Agreement in a franchise fee lawsuit styled City of Denton, Texas et al v. TXU Electric Company et al. Steve Sheets, City Attorney made the staff presentation. In 2000, City joined a lawsuit pending in the 134th Judicial District Court of Dallas County, Texas; under Cause No. 00-9383 styled City of Denton, Texas et al v. TXU Electric Company et al. The 237 AUGUST 8,2002 subject matter was a dispute over the amount of franchise fees paid to the City by TXU Electric and TXU Gas. Pursuant to the Agreement TXU Gas will pay to the City$94,310 and TXU Electric will pay$76,013 for a total of$170,323. After the settlement agreement is approved in court, TXU and the City will amend its existing franchise agreements to increase the franchise fee to 4% of base and will clarify that miscellaneous fee in the base. • Councilmember Gallahan noted that when the Council first addressed this shee vot d against it because at that time it was the best action for the citizens. She added that this time she would vote in favor of this resolution because this is the best action to take for the citizens. RESOLUTION NO. WHEREAS, the City of Round Rock("City") is a plaintiff in Cause No. 00-9383; City of Denton, Texas et al vs. TXU Electric Company, et al, and WHEREAS, a proposal has been made to settle the lawsuit on terms acceptable to the City, and WHEREAS, the City Council wishes to authorize the Mayor to execute a Compromise, . Settlement and Release Agreement for the above referenced cause,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 Compromise, Settlement and Release Agreement in Cause No. 00-9383; City of Denton, Texas et al vs. TXU Electric Company, et al, a copy of said Agreement being attached hereto as Exhibit "A"and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of August, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe • Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. l l.C.1. Consider a resolution adopting the 2003-2005 Community Development Block Grant Consolidated Plan. Mona Ryan, Community Development Coordinator made the staff presentation. The 1998-2002 Consolidated Plan was adopted by Resolution No. R-98-07-09- 13AL A modified version is being readopted for three years until Census 2000 data is available 23 � AUGUST 8,2002 at the Block Group level. The Annual Action plan was adopted by the City Council on July 25, 2002. RESOLUTION NO. A RESOLUTION ADOPTING THE CITY OF ROUND ROCK 2003-2005 CONSOLIDATED PLAN FOR COMMUNITY PLANNING AND DEVELOPMENT PROGRAM; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT THE CONSOLIDATED PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE CHANGES IN THE CONSOLIDATED PLAN IF REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the U.S. Department of Housing and Urban Development requires each local jurisdiction to submit a Consolidated Plan for planning and applications for the Community Development Block Grant(CDBG)program after public hearings, and WHEREAS, the City of Round Rock has previously adopted a 1998-2002 Consolidated Plan, and now wishes to adopt a 2003-2005 Consolidated Plan, and WHEREAS, the 2003-2005 Consolidated Plan was presented and public testimony was received on Thursday, June 13, 2002, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Round Rock, allowing all interested persons to appear and be heard, and WHEREAS, the City of Round Rock 2003-2005 Consolidated Plan describes housing needs and market conditions, sets out a three year strategy that establishes priorities for meeting those needs, identifies available resources, and establishes a one year action plan that outlines the intended uses of resources, and WHEREAS, the one year Action Plan for the Community Development Block Grant (CDBG) program is in conformance with and supports the three year Strategic Plan Component of the Consolidated Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, SECTION 1. That the City Council hereby adopts the City of Round Rock 2003-2005 • Consolidated Plan for Community Development Programs. SECTION 2. That the City Council hereby authorizes the City Manager or his designee to submit the 2003-2005 Consolidated Plan to the U.S. Department of Housing and Urban Development. SECTION 3. That the City Council hereby authorizes the City Manager or his designee to make changes in the 2003-2005 Consolidated Plan if required by the U.S. Department of Housing and Community Development. 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 8th day of August, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw 219 AUGUST 8,2002 ACTION: The motion carried unanimously. 11.D.1. Consider a resolution authorizing the Mayor to execute an Additional Services Authorization with Baker-Aicklen&Associates,Inc. for the Citywide Trail System-Phase I. Sharon Prete,Parks and Recreation Director made the staff presentation. Camp Excavation was hired to construct 3.2 miles of trail in Old Settlers Park at Palm Valley. Through the inspection process, it has been determined that some sections of the trail are not built to ADA P standards and must be rebuilt. Baker-Aicklen&Associates' contract did not anticipate a construction contract extension and PARD is in need of their professional services through completion of the reconstruction. The cost will be"$7,221.00 and will be paid from City of Round Rock Certificates of Obligation and Williamson County contributions. Ms. Prete added that the contractor was not at fault regarding the standards. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an agreement for engineering services ("agreement") with Baker-Aicklen & Associates, Inc. for professional engineering and surveying services for the design of the City Wide Trail System-Phase I, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted an Additional Services Authorization for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Additional Services • 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 for a change in the scope of services, a copy of said authorization being attached hereto as Exhibit"A" 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. RESOLVED this 8th day of August, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Knight seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. ,2,4 _0 AUGUST 8, 2002 11 E 1 Consider a resolution authorizing the Mayor to make the necessary grant application to the U.S. Department of Justice for the Local Law Enforcement Block Grant Program for the purchase of law enforcement equipment. A public hearing was held earlier in the meeting regarding this item. RESOLUTION NO. WHEREAS, the U.S. Department of Justice, has grant funds available to cities for • various law enforcement projects, and WHEREAS, Local Law Enforcement Block Grants ("LLEBG") are available through the Bureau of Justice Assistance's Office of Justice Programs for funds to procure equipment, technology, and other material directly related to basic law enforcement functions, and WHEREAS, the City Council wishes to make application for the LLEBG to provide financial assistance for the above-described items,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to make the necessary application for the above-described grant. 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 8th day of August, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: MARTINEZ, Cit CHRISTINE R. MAR y Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. 11.F.1. Consider a resolution authorizing certain individuals to perform transactions with Texpool. David Kautz, Chief Financial Officer made the staff presentation. As members of Texpool, our chosen investment pool,we are required to secure approval by City Council for • authorized individuals to act on behalf of the City. That is the purpose of this resolution. There are several new key positions that need to have this authorization. This will allow the approval of enough key employees to cover for vacations, illness or inaccessibility of other authorized employees. RESOLUTION NO. 24 =1 AUGUST 8,2002 WHEREAS, the City of Round Rock, Texas ("Participant") is a political subdivision of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds, to act as custodian of investments purchased with local investment funds, and WHEREAS, the Treasurer of the State of Texas, acting by and through the Texas Treasury Safekeeping Trust Company("Trust Company"), has created"TexPool", a public funds investment pool, to effectuate the goals of providing investments at the highest possible yield and maintaining complete safety of the funds of the Participant, and WHEREAS, the Participant hereby requests the following changes regarding the individuals authorized to act on behalf of the Participant,Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, A. That the City of Round Rock, Texas has entered into a Participation Agreement and has established an account in its name with the Trust Company's Local Government Investment Pool, "TexPool", for the purpose of transmitting local funds for investment by the Trust Company in TexPool; B. That the individuals, whose signatures appear below, are officers, employees, or authorized representatives of the Participant and are each hereby authorized to transmit funds to the Trust Company for investment in TexPool and are further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds: 1. Name: Bill White Title: Director of Finance Signature 2. Name: Noelle Jones Title: Financial Programs Manager Signature 3. Name: Elaine Wilson Title: Treasury&Finance Supervisor Signature 4. Name: Jerry Galloway Title: Controller Signature 5. Name: Lynn Olsen Title: Accountant II Signature • C. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until the Trust Company receives a copy of any such amendment or revocation. 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 8th day of August, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. 1 LF.2. Consider a resolution adopting an updated Investment Policy and Investment Strategy for the investment of City funds. Mayor Pro-tem Nielson announced that Mayor 242 AUGUST 8,2002 Maxwell asked that this item be tabled until the next meeting so he could present when the Council addresses this resolution. RESOLUTION NO. WHEREAS, pursuant to Chapter 2256, Texas Government Code ("the Act") the City Council desires to adopt a written investment policy and investment strategy regarding the investment of City funds, and WHEREAS, the City Council has reviewed the attached updated policy and has • determined same to be in compliance with the Act,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the updated Investment Policy and Investment Strategy for the investment of City funds, attached hereto as Exhibit"A"and incorporated herein, is hereby approved and adopted. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of August, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to table the resolution until the next meeting. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. *11.G.1. Consider a resolution authorizing the Mayor to execute Amendment No. 3 to the Contract for Engineering Services with HDR Engineering,Inc. for the 1998-1999 Water System Improvements. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with HDR Engineering, Inc. for the 1998-1999 Water System • Improvements, and WHEREAS, HDR Engineering, Inc. has submitted Amendment No. 3 to the Contract for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Amendment No. 3 to the Contract for Engineering Services 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 Amendment No. 3 to the Contract for Engineering Services with HDR Engineering, Inc. for a change in the scope of services, a copy of said amendment being attached hereto as Exhibit "A" 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 .24 :3 AUGUST 8, 2002 was open to the public as required b law at all times during which this Resolution and the p p q Y g 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 8th day of August, 2002. *11.G.2. Consider a resolution authorizing the Mayor to execute Amendment No. 3 to the Contract for Engineering Services with HDR Engineering Inc. for the Lake Creek Pump • Station Improvements project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract for engineering services ("Contract") with HDR Engineering, Inc. for the Lake Creek Pump Station Improvements Project, and WHEREAS, HDR Engineering, Inc. has submitted Amendment No. 3 to the Contract for a change in the scope of services, and WHEREAS, the City Council desires.to enter into said Amendment No. 3 to the Contract for Engineering Services 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 Amendment No. 3 to the Contract with HDR Engineering, Inc., a copy of said amendment being attached hereto as Exhibit"A" 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. • *11.G.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 to the Contract for Engineering Services with Earth Tech Transportation Services, Inc. for the Dell Way project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with 'Earth Tech Transportation Services, Inc. for the preparation of schematics, environmental documents, right-of-way documents, plans, specifications, and estimates for the realignment of South Mays Street, Dell Way, Hester's Crossing, and the extension of Gattis School Road from South Mays Street to the IH 35 East Frontage Road, and WHEREAS, Earth Tech Transportation Services, Inc. has submitted Supplemental Agreement No. 5 to the Contract for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 5 to the Contract for Engineering Services with Earth Tech Transportation 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 Supplemental Agreement No. 5 to the Contract for Engineering Services with Earth Tech Transportation Services, Inc. for a change in the scope of services, a copy of said agreement being attached hereto as Exhibit"A" 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. RESOLVED this 8th day of August, 2002. 244 AUGUST 8,2002 *11.G.4. Consider a resolution authorizing the Mayor to execute a Supplemental Agreement No 2 to the Contract for Engineering Services with Chiang Patel &Yerby, Inc. for the construction of water and sewer facility adjustments within the proposed FM 1460 Roadway Reconstruction Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Ci of Round Rock has previously entered into a Contract for • WH City Engineering Services ("Contract")with Chiang, Patel &Yerby, Inc. for the construction of water and sewer facility adjustments within the proposed FM 1460 Roadway Reconstruction Project, and WHEREAS, Chiang, Patel & Yerby, Inc. has submitted Supplemental Agreement No. 2 to the Contract for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Chiang,Patel &Yerby, 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 Contract for Engineering Services with Chiang, Patel & Yerby, Inc. to extend the contract date, a copy of said agreement being attached hereto as Exhibit "A" 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. RESOLVED this 8th day of August, 2002. 11 G 5 Consider a resolution authorizing the Mayor to execute Change Order No. 1 • with Chasco Contracting for the Downtown Sidewalk Improvements Proi ect. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. During the process of locating existing utilities, for the possible conflicts with underground storm sewer, an active failing wastewater line was found. The failing infrastructure was investigated by City Crews and determined there could be total failure in the future. A plan for the replacement of this segment of the collection system was prepared. The cost will be $32,874.75. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Chasco Contracting, Inc. for the Downtown Sidewalk Improvements Project, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, 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 the Downtown Sidewalk Improvements Project. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of August,2002. 24.5 AUGUST 8,2002 NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. l l.G.6. Consider a resolution authorizing the Mayor to execute a Contract for engineering Services with Camp Dresser&McKee Inc. for the design of the Raw Water Line Improvements at D.B. Woods Road. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. The County's Road Projects,which are currently under construction cross over Round Rock's "1985" (year installed) 30-inch Raw Water Line one (1) time and the • installed 30-inch Raw Water Line two 2 times requiring the lowering of 1995 (year ) ( ) q g g approximately 500 linear feet of the City's Raw Water Lines. The"1995" 30-inch Raw Water Line runs about 15 feet inside Williamson County's East Right-of-way line of D.B. Woods Road. The County has agreed to absorb the costs to work around the"1995"Raw Water Line in D.B. Woods Road. These costs include the adjusting of existing valve boxes, existing flush valves, raising existing 6-foot diameter air release vaults to match finish grades and to construct retaining walls in order to maintain adequate cover over our Raw Water Line. In exchange staff agreed to absorb the cost to lower the City's Raw Water Lines if the County would allow Round Rock a 5 month window within their project schedule, so the work will be done during this year's off peak water demands between October 2002 and April 2003. During these months • Round Rock would only need the use of one Raw Water Line. This will allows the completion of the work while only being dependent on one Raw Water Line and not both. The cost will be $33,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of the Raw Water Line Improvements at D.B. Woods Road, and WHEREAS, Camp Dresser & McKee, Inc. has submitted a Contract for Engineering Services to provide said services, and 24 AUGUST 8,2002 WHEREAS, the City Council desires to enter into said contract 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 a Contract for Engineering Services with Camp Dresser &McKee, Inc., for the design of the Raw Water Line Improvements at D.B. Woods Road, a copy of said contract being attached hereto as Exhibit"A" 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 RESOLVED this 8th day of August, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell • Councilmember McGraw ACTION: The motion carried unanimously. 11.G.7. Consider a resolution authorizing the Mayor to execute a letter of agreement with Camp Dresser&McKee, Inc. for the preparation of a Texas Pollutant Discharge Elimination System permit application from the Texas Natural Resource Conservation Commission. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. Wash water from the water treatment process is currently discharged into the City sanitary sewerage system. These discharges at times overload the sanitary system causing an unauthorized discharge of wastewater,which is a violation under TNRCC regulations. With the upcoming plant expansion,these discharges will be reduced,but cannot be eliminated. Therefore, securing a discharge permit will allow us to eliminate the connection to our sanitary sewer system by • allowing us to discharge any excess wash water overland, saving the city thousands by not having to over-size the existing pipeline to accommodate the additional flow of wash water. The existing sanitary sewer line will need to be replaced in the near future due to the build up of alum over the years,which has greatly reduced the line's capacity. The cost will be $13,750.00. RESOLUTION NO. 2 47 AUGUST 8,2002 WHEREAS, the City of Round Rock desires to retain professional services to apply for and obtain a Texas Pollutant Discharge Elimination System permit from the Texas Natural Resource Conservation Commission, and WHEREAS, Camp Dresser&McKee, Inc. has submitted a letter of agreement to provide said services, and WHEREAS, the. City Council desires to enter into said letter of 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 a letter • of agreement with Camp Dresser & McKee, Inc., to apply for and obtain a Texas Pollutant Discharge Elimination System permit from the Texas Natural Resource Conservation Commission, a copy of said letter of agreement being attached hereto as Exhibit "A" 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 RESOLVED this 8th day of August, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Gallahan seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. *11.G.8. Consider a resolution authorizing the Mayor to execute a Contract for Surveying Services with Interstate Surveying, Inc. for surveying services related to the Water • Treatment Plant Improvements. This item was approved under the consent agenda. p pp g RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional surveying services related to the Water Treatment Plant Improvements, and WHEREAS, Interstate Surveying, Inc. has submitted a Contract for Surveying to provide said services, and WHEREAS, the City Council desires to enter into said contract with Interstate Surveying, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 24 AUGUST 8,2002 That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Surveying Services with Interstate Surveying, Inc., for surveying services related to the Water Treatment Plant Improvements, a copy of said contract being attached hereto as Exhibit"A" 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 RESOLVED this 8th day of August, 2002. • 11.G.9. Consider a resolution authorizing the Mayor to execute an Architect's Agreement with Spencer Godfrev Architects for the schematic design phase of the Senior Activity Center. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. Early in 2001,Requests For Proposals were sent to three local architectural firms. Spencer Godfrey was selected to take the Senior Activity Center Focus Group through a needs assessment process as well as design the building. The size of the existing center does not meet the programming needs of the senior population and is badly in need of repair. It would not be cost effective to renovate and enlarge the existing center. The Needs Assessment, developed to determine components of facility and costs associated with the construction, was used as a tool in preparation for the General Obligation Bond Election held in November 2001. The Design Team, composed of senior citizens and staff,was formed to move into the Schematic Design • Phase. The scope of the design work includes a two-story building with shared underground parking. The cost will be $41,425.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the schematic design phase of the Senior Activity Center, and WHEREAS, Spencer Godfrey Architects has submitted a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services to provide said services, and WHEREAS, the City Council desires to enter into said Contract with Spencer Godfrey 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 a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services with Spencer Godfrey Architects for architectural services for the schematic design phase of the Senior Activity Center, a copy of said Agreement being attached hereto as Exhibit • "A"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. RESOLVED this 8th day of August, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: 249 AUGUST 8,2002 CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight • Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. 11.G.10. Consider a resolution authorizing the Mayor to execute an Assignment of Easements and a Bill of Sale and Assignment with the Lower Colorado River Authority to convey rights in the downstream portion of the Onion Branch Sewer Interceptor from MUD No. 9. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. The Onion Branch sewer interceptor is currently an integrate part of the Regional Sewer System. The use and operation and maintenance costs should be distributed among the Regional Partners. There is no cost to Round Rock in this action • RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to execute an assignment with the Lower Colorado River Authority to convey rights in the downstream portion of the Onion Branch Sewer Interceptor from MUD No. 9,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 Bill of Sale and Assignment and an Assignment of Easements with the Lower Colorado River Authority to convey rights in the downstream portion of the Onion Branch Sewer Interceptor from MUD No. 9, a copy of same being attached hereto as Exhibit "A" 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. RESOLVED this 8th day of August, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe 250 AUGUST 8,2002 Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. 11.G.11. Consider a resolution authorizing the Mayor to execute a Settlement Agreement with Charles Grady Barton, et al for the conveyance of certain utility easements and the termination of a water supply agreement. This item was discussed in Executive Session. If • approved by the Council, this Settlement Agreement will resolve three individual but related issues: 1) The Bartons will convey to the City a permanent easement and a temporary construction easement needed for the East Water Transmission Line ($32,000.00); 2) The Bartons will convey to the City a sanitary control easement needed for two existing water wells ($3,000.00); and 3) The existing agreement with the Bartons regarding free water service will be terminated($12,750.00). RESOLUTION NO. WHEREAS, the City of Round Rock has determined there exists a public necessity for the acquisition of easements in order to construct and install the East Transmission Waterline, and WHEREAS, a proposal has been made with the owners of the property over which the easements are needed to grant the easements to the City, and • WHEREAS, the City Council wishes to authorize the Mayor to execute Settlement Agreement with the owners,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 Settlement Agreement, a copy of said Settlement Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of August, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Pitt • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. 2 5 .1 AUGUST 8,2002 APPOINTMENTS: 12.A. Consider 1 appointment to the Historic Preservation Commission. Mayor Pro-tem Nielson opened the floor for nominations. He noted that this appointment is for a one-year term. Lynn Smith was nominated. MOTION: Councilmember Coe moved that nominations cease and to appoint Lynn • Smith b acclamation. Councilmember Knight seconded the motion. Y � VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Noes: None Absent: Mayor Maxwell Councilmember McGraw ACTION: The motion carried unanimously. COUNCIL COMMENTS: Mayor Pro-tem Nielson noted that staff would be contacting the Council to set up a meeting to discuss the budget. ADJOURNMENT: • There being no further business,the meeting adjourned at 8:06 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary • 25 2 AUGUST 22,2002 The Round Rock City Council met in Executive Session and Regular Session on Thursday, August 22, 2002 at 6:30 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 Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councihnember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City • Manager Bob Bennett and City Attorney Steve Sheets. EXECUTIVE SESSION: Executive Session as authorized by 051.072 Government Code,related to the purchase of real property,to wit: 12.980 acres more or less, out of the David Curry Survey located on Greenhill Drive, Round Rock, Williamson County, Texas. The Council entered into Executive Session at 6:34 p.m. and adjourned at 6:55 p.m. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot • Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS Jenna Reinke, 8203 Monona, Austin expressed her support of a No Smoking ordinance. Rebecca Merrill, 3819 Eagles Nest, expressed her support of a No Smoking ordinance. Stephen Tynan, 3104 Pecan Crest Cove, expressed his support of a No Smoking ordinance. Arthur Bryant, 1402 Wildvine, expressed his support of a No Smoking ordinance and delivered a petition in favor of no smoking. Pari Karim, 1706 Lime Rock Drive, expressed her support of a No Smoking ordinance. Frank Tighe, 1108 Creekview Drive, expressed his support of a No Smoking • ordinance/Clean Air ordinance. He wants a clean air city. Earl Palmer, 106 Fairlane, expressed his support of a No Smoking ordinance and commented that this issue has been going on for too long. Ann Herndon,Round Rock, expressed her concern about second hand smoke in restaurants. 2 ,5 3 AUGUST 22,2002 John Gordon, 1007 Green Meadow, introduced Dr. Tom Rainey,music director and conductor of the Hill Country Community Orchestra. Dr. Rainey briefly outlined the history of the orchestra and activities of the orchestra. He added they are always looking for additional members for the orchestra. APPROVAL OF MINUTES: • 8. Consider approval of the City Council minutes for the Regular Session of July 25 2002 and August 8, 2002. Councilmember Gallahan asked staff to re-check the poll of the Council for item 15F in the minutes of July 25, and, if necessary amend the minutes. The result of staffs review of the minutes is as follows: Monica Beatty - 5 votes appointed Jacob Talbot - 2 votes The minutes of July 25th will reflect the correct. MOTION: Councilmember Coe moved to approve the August 8th minutes as submitted and the minutes of July 25th and to amendment if necessary. Councilmember McGraw seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. PROCLAMATIONS: 9.A. Consider a proclamation recognizing"Texas Thunder",the 2002 Super Series National Baseball Champions. Mayor Maxwell read the following proclamation and presented it to the team members. The team members introduced themselves to the Council and presented Mayor Maxwell with a photo of the team. WHEREAS, youth sports are a very important part of the Round Rock community; and • WHEREAS,youth sports play a very important role in teaching youths positive values that will guide them through life; and WHEREAS,the Texas Thunder is a Round Rock based baseball team who desired to represent the City of Round Rock in a true sportsmanship like manner; and WHEREAS, the Texas Thunder traveled to Gulfport, Mississippi to display their talents by competing in the 2002 Super Series of America National Division Championships; and WHEREAS,the Texas Thunder challenged their baseball abilities and represented the true spirit of winning by obtaining a National Championship, NOW THEREFORE,I,Nyle Maxwell,Mayor of the City of Round Rock, Texas, on behalf of the Round Rock City Council do hereby formally congratulate the Texas Thunder team members Brad Alberts, Scott LeJuene, Pete Lindeman,Kevin Lusson, Wade Gordy, Justin Berry,Dustin Long, and Kevin Hinojosa; and .254 AUGUST 22,2002 Coaches Don Alberts, Kevin Hodges, Joe Gordy, and Bill LeJuene for achieving their ultimate goal of claiming the 2002 Super Series National Baseball Championship for the 12-year-old division. PROCLAIMED this 22nd day of August 2002. 9.B. Consider a proclamation proclaiming September 6th, 7th, & 8th, 2002, as Days of Prayer in the City of Round Rock. Mayor Maxwell read the following proclamation and presented it to five Pastors from the Round Rock Pastor's Association. • WHEREAS, the events of September 11, 2001 shocked us all,but in the midst of tragedy, we have seen acts of heroism and selflessness that give us hope in America and in Americans; and WHEREAS, we encourage our churches and houses of worship, in Round Rock to designate Sunday September 8th as a day of prayer and remembrance for the families of those affected by the September 11th attack; and. WHEREAS, through prayer our national resolve will prevail and provide wisdom and compassion for all of our leaders, and faith and hope for all Americans. NOW, THEREFORE, I,Nyle Maxwell,Mayor, City of Round Rock, do hereby proclaim September 6th, 7th, and 8th, 2002, as: "DAYS OF PRAYER" in Round Rock and encourage all of Round Rock to reflect in their own way on the events of September 11th 2001 and embrace the families, friends, and coworkers so impacted by these horrific acts. 9.C. Consider a proclamation proclaiming Wednesday, September 11, 2002, as a DU of Remembrance in the City of Round Rock. Mayor Maxwell read the following proclamation and presented it to Jim VanZandt from RRISD, and Glen Vanlandingham from First Baptist Church. • WHEREAS, the City of Round Rock recognizes that Wednesday, September 11, 2.002 is a day all Americans (and citizens of Round Rock in particular)will want to come together to honor the memory of those killed in the heinous attacks upon the United States of America on September 11, 2001; and WHEREAS, all will want to recognize the heroic deeds of the brave men and women who gallantly risked their lives to rescue those victims put in harms way through terrorist attacks upon the World Trade Center,Pentagon and Flight 93; and WHEREAS, we will want to celebrate our national unity, spirit, bright future and our freedoms,which are so precious to us as Americans; NOW THEREFORE, I,Nyle Maxwell,Mayor, City of Round Rock, do hereby proclaim Wednesday, September 11, 2002, as a: "DAY OF REMEMBRANCE" in Round Rock and encourage all Round Rock Citizens to participate in our Remembrance, Recognition, and Celebration Program,to be held at 7:00 PM on September 11, 2002 at the Dell Diamond. PRESENTATIONS: 10.A.1. Consider a presentation on the City's process for determining the qualifications and selection of professional consulting firms for 2001 General Obligation Bond Park Projects. • Rick Atkins, Parks and Recreation Assistant Director made the staff presentation. The teams have completed their interviews for professional consulting services for the G.O. Bond Park Projects. Following are the firms that were recommended by the teams. • OSPV Aquatics Recreation Complex ,25-5 AUGUST 22,2002 Recommended Firm: Kimley-Horn&Associates, Inc. Alternate Firm: Land Design Studio Design Timeframe Bond Issuance 1 • Citywide Trails Master Plan Recommended Firm: Halff Associates, Inc. Alternate Firm: Hall/Bargainer,Inc. Design Timeframe September 2002 -April 2003 • • Brushy Creek East Hike&Bike Trail Planning and Design Recommended Firm: Hall/Bargainer, Inc. Alternate Firm: Carter&Burgess Design Timeframe October 2002 -2003 • Engineering Recommended Firm: Baker-Aicklen&Associates, Inc. Alternate Firm: Halff Associates,Inc. When a project is to begin,the recommended firm will be contacted to negotiate a design contract. If a suitable agreement cannot be reached,the discussions will be terminated and the next firm will be contacted. The contract will then be brought forward to the Council for approval when appropriate. PUBLIC HEARINGS: 1 LA.1. Consider public testimony regarding an application to adopt original zoning of • District MF (Multi-family) on 0.484 acres of land out of the P.A. Holder Survey, A-297, in Williamson County, Texas. (Red Hill Villas: Access Parcel) Jim Stendebach, Assistant Planning Director made the staff presentation. This developer is adding the subject parcel to this development tract for the purpose of extending the adjacent multi-family district to include the driveway access to A.W. Grimes Boulevard. Recently, the City of Round Rock requested this apartment complex owner to request annexation and original zoning of this parcel in order to include this property in the city limits and facilitate city emergency response at this location. This will result in gaining driveway access to A.W. Grimes. Robert Kelly,representative of the Red Hill Villas was present for questions from the Council. In response to Councilmember Gallahan's question,Mr. Stendebach reiterated this tract • is strictly in order to gain driveway access to A.W. Grimes and to avoid driveway access to South Creek Drive. Mayor Maxwell opened the public hearing. Susan Moss, 2608 Willow Way, expressed her support of the Planning Department's recommendation. There being no further public testimony, the public hearing was closed. 255 AUGUST 22, 2002 ORDINANCES: 12.A.1. Consider an ordinance amending Chapter 9, Section 9.503, Code of Ordinances (1995 Edition)by designating a portion of Gulf Way Drive as a school speed zone. (Second Reading) Tom Word,Director of Transportation Services made the staff presentation. Union Hill Elementary School and the newly located Hopewell Middle School will be opening on Gulf WayDrive for the school year 2002. School zones will need to be implemented and in lace • Y p P prior to their opening day. The addition of this school speed zone will promote a safer environment for school traffic entering and exiting the school campus. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS DESIGNATING A PORTION OF GULF WAY DRIVE AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight • Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 12.B.1. Consider an ordinance amending Chapter 1, Section 1.900 of the Round Rock Code of Ordinances, amending the Standards of Conduct and Financial Disclosure for City Officials. (First Reading) Steve Sheets, City Attorney made the staff presentation. Among the duties of the Ethics Review Commission is to periodically review the existing Ethics Ordinance and make recommendation to the Council for amendments. Last year, the Commission conducted such a review at the request of Mayor Stluka and forwarded its recommendations for amendments to the Council earlier this year. With respect to the Ethics Ordinance, the Commission recommended three major as well as a number of minor amendments. The major • amendments are(1)to expand the definition of Family Member, (2) to add definitions for "Officer" and"Pecuniary Gain"and(3)to change the definition of"Substantial Interest"to more closely track state law. He recommended one change to the Commissions recommendations. At the request of the Municipal Judge,he recommended that the definition of Officer be changed so that it does not include Municipal Judges. The reason for this is that all Judges are currently 2 5 AUGUST 22,2002 governed by State of Texas Code of Judicial Ethics. He added that the Commission also recommended that the Council adopt, in ordinance form,prohibitions against Nepotism. Mr. Sheets expressed that he felt it was not appropriate to include the Nepotism provisions in the Ethics Ordinance, so he has prepared an ordinance that adopts the Commission's recommendations in a section of the City Code separate for the Ethics Ordinance. In addition, • Mr. Sheets noted that he also added the following definition that would distinguish between a city official or a Council appointee. "Appointee: Persons appointed or confirmed by the mayor or city council;provided however for the purposes of this definition,the term"appointee" does not include the Municipal Judges." The Council discussed which city officials were required to file a financial disclosure and the need to expand the list to include all the department heads. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS AMENDING CHAPTER 1, CODE OF ORDINANCES, (1995 EDITION) CITY OF ROUND ROCK, BY AMENDING SECTION 1.900 STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE FOR CITY OFFICIALS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. • MOTION: Councilmember Coe moved to amend the ordinance to expand the definition of City Official by including all Department Heads. Mayor Maxwell seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: Councilmember McGraw Councilmember Knight ACTION: The motion carried with 5 ayes and 2 noes. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance with the amendments noted. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight • Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 12.B.2. Consider an ordinance amending Chapter 1 of the Round Rock Code of Ordinances by adding Section 1.900.1,Nepotism. (First Reading) Steve Sheets, City Attorney made the staff presentation. In addition to the changes to the Ethics Ordinance, the Commission 2 5:_8 AUGUST 22,2002 recommended that the Council adopt an ordinance prohibiting nepotism similar to the existing State statue. The only concern that Mr. Sheet had with the Commission's recommendation is that, in his opinion it is not appropriate to include"nepotism"regulations in an"ethics" ordinance. Therefore, he recommended that the Commission's nepotism regulations be adopted in a separate section of the City Code. ORDINANCE NO. • AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS AMENDING CHAPTER 1, CODE OF ORDINANCES, (1995 EDITION) CITY OF ROUND ROCK, BY ADDING SECTION 1.900.1 NEPOTISM; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem Nielson moved to dispense with the second reading of the • ordinance with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 12.C.1. Consider an ordinance amending the 2001-2002 Community Development Block Grant budget. (Second Reading) Jim Stendebach, Assistant Planning Director made the staff presentation. Funds are being shifted within the existing Community Development Block Grant program and no • operating budget will be required. The changes are an increase in the Home Ownership Assistance Program, increase in the Rehabilitation of Existing Homes Program and increase in the Administration Program. ORDINANCE NO. AN ORDINANCE AMENDING THE 2001-2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET. _25 .9 AUGUST 22, 2002 MOTION: Councilmember Gallahan moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight • Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 12.C.2. Consider an ordinance annexing 0.484 acres of land out of the P.A. Holder Survey,A-297, in Williamson County, Texas. (Red Hill Villas: Access Parcel) (First Reading) Jim Stendebach, Assistant Planning Director made the staff presentation. This developer is adding the subject parcel to this development tract for the purpose of extending the adjacent multi-family district to include the driveway access to A.W. Grimes Boulevard. Recently,the City of Round Rock requested this apartment complex owner to request annexation and original zoning of this parcel in order to include this property in the city limits and facilitate city emergency response at this location. • ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.484 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 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: Councilmember Pitt moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 2 .6:0 AUGUST 22, 2002 MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight • Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 12.C.3. Consider an ordinance adoi)ting original zoning of District MF (Multi-Family) on 0.484 acres of land out of the P.A. Holder Survey, A-297, in Williamson County, Texas. (Red Hill Villas: Access Parcell (First Reading) Jim Stendebach, Assistant Planning Director made the staff presentation. A public hearing was held on this item earlier in the meeting. The purpose of adding the subject parcel to this development tract is to extend the adjacent multifamily district to include the driveway access to A. W. Grimes Boulevard, which will enable the Fire and Police Departments to gain driveway access to A.W. Grimes Boulevard. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Pitt • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 2 6, 1 AUGUST 22,2002 13.A.1. Consider a resolution authorizing the Mayor to execute an Agreement with the Round Rock Leader for publication of official City notices. Will Hampton, Communication Director made the staff presentation. By Charter,the City is required to enter into a yearly agreement with a publication of general circulation to publish all officially required notices. In recent years,the City has solicited quotes from the Round Rock Leader and Austin American- Statesman for this Charter-required contract. Historically, the Council has selected the Round Rock Leader; on two occasions, the Austin American-Statesman was awarded the contract. The Round Rock Leader offered a rate of$7 per column inch for required notices,the same rate as last year. The Austin American-Statesman is offered a rate of$7.35 per inch. The City spent$69,315 on all newspaper advertising, which includes legal notices, City Beat and job listing classifieds, through August 2 of the current fiscal year. Of that total, $25,125 was spent with the Round Rock Leader and$44,190 with the Austin American-Statesman. RESOLUTION NO. WHEREAS, Section 13.02 of the Home Rule Charter for the City of Round Rock, Texas, provides that the Council shall designate a public newspaper of general circulation in the City as official publication for legal notices, and WHEREAS, the Round Rock Leader is a public newspaper of general circulation in the • City, and WHEREAS, the Council is desirous of designating the Round Rock Leader as the official publication of the City,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Round Rock Leader is designated as the official publication of the City and all ordinances,notices and any other matter required to be published shall be published therein, and BE IT FURTHER RESOLVED that the Council hereby authorizes the Mayor to execute a one year agreement with the Round Rock Leader to provide the required services at its normal and usual rates, a copy of said agreement being attached hereto as Exhibit "A" 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. RESOLVED this 22nd day of August, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe 2.6 2 AUGUST 22, 2002 Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 13.A.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with WM Acquisitions, Inc. for the purchase of 12.980 acres more or less, out of the David Curry Survey located on Greenhill Drive, Round Rock, Williamson County, Texas. This item was discussed during Executive Session. • RESOLUTION NO. WHEREAS, the City desires to study the feasibility of purchasing a 12.98 acre tract of land on Greenhill Drive near its intersection with Texas Avenue, as shown on 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 a Real Estate Contract for the possible purchase of the above described 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 publicus 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 22nd day of August, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: R MARTINEZ, Ci • CHRISTINE INE City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 13.B.1. Consider a resolution authorizing the Mayor to execute an amendment to the Professional Services Agreement with Trinity Engineering/Kleinfelder for construction materials testing for the City Wide Trail System -Phase I. Sharon Prete, Parks and Recreation • Director made the staff presentation. A 1500-foot section of the Old Settlers Park at Palm Valley Trail failed due to expansive clay soils. The random core samples taken prior to the beginning of the project did not identify this problem area. Extending this contract will provide the additional geotechnical testing required insuring the prescribed sub-grade and sub-base compaction and ..263 AUGUST 22,2002 paving meets the recommended standard set. The cost will be$2,500.00 and will be paid from City's Certificates of Obligation and Williamson County Contributions. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Professional Services Agreement with Trinity Engineering/Kleinfelder for construction materials testing for the City Wide Trail System-Phase I, and • WHEREAS, Trinity Engineering/Kleinfelder has submitted an amendment to the Professional Services Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said amendment to the Professional Services Agreement with Trinity Engineering/Kleinfelder,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 Professional Services Agreement with Trinity Engineering/Kleinfelder, a copy of said amendment being attached hereto as Exhibit "A" 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. RESOLVED this 22nd day of August, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 13.C.1. Consider a resolution waiving water and wastewater impact fees in the amount of$2,928 to Cathey Carter for a property in the Downtown Reinvestment Zone. Jim Stendebach,Assistant Planning Director made the staff presentation. The purpose of the • Downtown Reinvestment Zone is to encourage the conservation and protection of Round Rock's downtown neighborhood. The program provides property owners with financial incentives for new development and rehabilitation within the district. One incentive is a waiver of water and wastewater impact fees for new development that meets the architectural criteria in the program's guidelines. The property owner at 606 Pecan, a Reinvestment Zone applicant,has 264 AUGUST 22, 2002 constructed a new residence that meets the criteria set forth in the guidelines. She has paid the impact fees and requested a refund. The refund will be$2,928.00. RESOLUTION NO. WHEREAS, by Ordinance No. G-95-09-14-9Q adopted on September 14, 1995, the Round Rock City Council created a reinvestment zone therein designated as the Downtown Reinvestment Zone ("DRZ"); and WHEREAS, the criteria for creation of the DRZ was that it was reasonably likely to • attract major investment in the DRZ that would contribute to the economic development of the City; and WHEREAS, one of the goals of the Council for adopting the DRZ is to encourage new construction to blend with the existing historic nature of the downtown area by utilizing recommended architectural guidelines; and WHEREAS, one of the incentives offered to the owners of new residential construction that meets the architectural guidelines is the waiver of water and wastewater impact fees; and WHEREAS, Cathey Carter has constructed on her property located in the DRZ at 606 Pecan Avenue residential construction that meets the guidelines for waiver of water and wastewater impact fees, as shown by Exhibit "A" attached hereto and incorporated herein, 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 new residential construction on the property located at 606 Pecan Avenue is hereby waived, and the reimbursement to Cathey Carter of said fees in the amount of$2,928.00 is hereby authorized. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of August, 2002. • NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • 13.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Contract for Engineering services with Baker-Aicklen&Associates, Inc. for the Historic Downtown Sidewalks.and Pedestrian Access Improvements Project. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. During the process of locating existing utilities for the possible conflicts with underground storm sewer, an active failing waste water line was found. The failing infrastructure was investigated by City Crews . 265 AUGUST 22,2002 and determined there could be total failure in the future. A plan for the replacement of this segment of the collection system was prepared by with Baker-Aicklen&Associates, Inc. In addition, services are required for the unforeseen issues related to the drainage,pavement replacement with minimum closure of Main Street, safety railing on steps, and coordination not in the original scope of Professional Services Contract. Estimate cost of the increase scope of • service is $18,355.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract for engineering services ("Contract") with Baker-Aicklen & Associates, Inc. in connection with the Historic Downtown Sidewalks and Pedestrian Access Improvements Project, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted Supplemental Agreement No. 1 to the Contract for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 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 for Engineering Services with Baker-Aicklen & Associates, Inc., a copy of said Supplemental Agreement No. 1 being attached hereto as Exhibit "A' and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by • the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of August, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None • ACTION: The motion carried unanimously. 13.D.2. Consider a resolution authorizing the Mayor to execute an Agreement Concerning Purchase and Sale of West Round Rock Water System Improvements with the Brushy Creek Municipal Utility District. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. Brushy Creek MUD participated in the construction of a water transmission main to serve the City's western water service area. Brushy Creek MUD will be 266 AUGUST 22,2002 constructing a line and water treatment facility to serve their needs by 2006. The City wishes to purchase the 6,200 connections that Brushy Creek MUD has acquired in the line. A detailed cost analysis was done and the parties agreed to the value of$3,600,000. RESOLUTION NO. WHEREAS, the City of Round Rock desires to acquire water system improvements from the Brushy Creek Municipal Utility District, and • WHEREAS, the City Council wishes to enter into an Agreement Concerning Purchase and Sale of West Round Rock Water System Improvements with the Brushy Creek Municipal Utility 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 Concerning Purchase and Sale of West Round Rock Water System Improvements with the Brushy Creek Municipal Utility District, a copy of said agreement being attached hereto as Exhibit AA@ 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. RESOLVED this 22nd day of August, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary ouncilmember Knight moved to approve the resolution. Ma • MOTION: C gh pp or Pro-tem y Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 13.E.1. Consider a resolution scheduling public hearings on the proposed 2002 property tax rate. David Kautz, Chief Financial Officer made the staff presentation. Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws when adopting their tax rates. When a proposed tax rate exceeds the lower of the roll-back rate or 103 percent • of the effective rate,the taxing unit's governing body must vote to place the proposal on the agenda of a future meeting as an action item. This vote must be recorded and will be a part of a newspaper advertisement announcing the public hearing. The proposed tax rate of$0.3422 is required to balance the FY2002-03 Operating Budget. This rate is $0.02023 above last year's rate of$0.32207. The proposed increase is required to pay new debt service as authorized by .26 AUGUST 22,2002 voters,reduce reliance upon a single-source sales tax and reflect higher operating costs. Under this proposal,taxes on the average homestead would increase by$70.82 or 15.55 percent compared with last ear's taxes. Comparing tax rates without adjusting for changes in property vales,the tax rate would increase by 6.25 percent compared to last year's tax rate. Individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in • taxable value of the property. According to a Comparative Taxable Values Table for tax ears p Y 2002 to 1993, there has been an increase of$1.24 since 1993 for an average home. RESOLUTION NO. WHEREAS, Chapter 26 of the Property Tax Code [Vernon's Texas Codes Annotated, Tax Code, Sections 26.01 et. seq.] requires taxing units to comply with truth-in-taxation laws in adopting their tax rates, and WHEREAS, the City of Round Rock's 2002 proposed tax rate exceeds the lower of the rollback rate or 103% of the effective rate, and WHEREAS, it is mandatory in such case for the governing body of the City of Round Rock to vote to place the proposal to adopt the rate on the agenda of a future meeting as an action item on which a record vote will be taken, and WHEREAS, it is necessary for the City Council to set a date, time, and place for the holding of public hearings on the proposed property tax rate, and WHEREAS, the proposed property tax rate is 34.22 cents per $100 valuation compared to 32.207 cents for the prior year,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That a public hearing on the 2002 proposed property tax rate be held on the 12th day of • the month of September, 2002, at 7:00 o'clock p.m. at 221 E. Main Street, Round Rock, Williamson County, Texas. That the ordinance to adopt the 2002 proposed property tax rate be placed on the agenda of the September 12, 2002 meeting of the Round Rock City Council as an action item on which a record vote of the first reading will be taken and recorded. That the ordinance to adopt the 2002 proposed property tax rate be placed on the agenda of the September 26, 2002 meeting of the Round Rock City Council as an action item on which a record vote of the second reading and final adoption will be taken and recorded. 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 22nd day of August, 2002. NYLE MAXWELL, Mayor Ci of Round Rock Texas City , ATTEST: CHRISTINE R.MARTINEZ, City Secretary . • MOTION: Councilmember Pitt moved to approve the resolution. Mayor Maxwell seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None _2.._6 .6 AUGUST 22,2002 ACTION: The motion carried unanimously. 13.E.2. Consider a resolution adopting an updated Investment Policy and Investment Strategy for the investment of City funds. Bill White,Finance Director made the staff presentation. From time to time it becomes necessary to make changes to the City Investment Policy for legal compliance, efficiencies or personnel authorizations. This is precisely what this resolution will accomplish. There are several new positions and recommended changes in • brokers for the purpose of getting more competitive bids for the City's investments. The Public Funds Investment Act requires staff to notify the City Council of any proposed actions. RESOLUTION NO. WHEREAS, pursuant to Chapter 2256, Texas Government Code ("the Act") the City Council desires to adopt a written investment policy and investment strategy regarding the investment of City funds, and WHEREAS, the City Council has reviewed the attached updated policy and has determined same to be in compliance with the Act,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the updated Investment Policy and Investment Strategy for the investment of City Rinds, attached hereto as Exhibit"A" and incorporated herein, is hereby approved and adopted. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 22nd day of August, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None • ACTION: The motion carried unanimously. MAYOR AND COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 9:02 p.m. Rectfully Submitted, R, Secret Christine R. Martinez, City ary 2 &,9 AUGUST 28-29,2002 The Round Rock City Council met in a Work Session on Wednesday, August 28, 2002 and Thursday, August 29, 2002 in the Colorado Room III at Lakeway Inn, 101 Lakeway Drive, Austin, Texas. WEDNESDAY, AUGUST 28, 2002 CALL WORK SESSION TO ORDER—9:30 A.M. • ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, City Attorney Steve Sheets, Chief Financial Officer David Kautz, Chief of Operations/Assistant City Manager Jim Nuse,Planning Director Joe Vining,Parks and Recreation Director Sharon Prete, Chief of Police Paul Conner,Fire Chief Lynn Bizzell, Human Resources Director Teresa Bledsoe, Library Director Dale Ricklefs, Communications Director Will Hampton, and Public Affairs and Business Development Director Nancy Yawn, Assistant to the City Manager, Cindy Demers and Executive Assistant Dianna Hutchens. CONSIDER WORK SESSION TOPICS LISTED BELOW. 3.A. Consider opening remarks by the City Manager. • Bob Bennett gave a brief introduction on the following: • The City's management philosophy. • The Bleiker Method—Is officially titled A Systematic Development of Informed Consent,which is a consent building strategy. It is designed to involve the public in the planning and execution of controversial public-sector projects, programs,plans, regulation,bond issues, and other proposals. • Heartmath—Is a combination of science and business management to deliver tools and strategies for improving performance,reducing stress, improving communication skills and teamwork, effectively managing work and personal life balance issues and increasing the satisfaction of both employee and customer. Mr. Bennett also gave an update on the status of items that were previously brought up at the work session in August of 2001. 3.B. Consider discussion and review of the City's Strategic Plan. Bob Bennett and Dale • Ricklefs gave a brief overview of the Strategic Plan, which covers October 2002 through September 2004. The Strategic Plan is edited twice a year. It reflects major capital programs, substantive work plans, or significant projects that affect people outside of ones department. It does not represent the tasks that everyone does in the City,but rather attempts to identify those projects that will impact a significant number of people,whether staff throughout the city organization or the general public. :27-9 AUGUST 28-29, 2002 3.C. Consider an overview by the City Department Directors concerning their respective departments. • Police Chief Conner gave a brief update on the following regarding the Police Department. Significant Challenges During the Past Year September 11 Aftermath Traffic Issues Quality of Life • Significant Milestones for FY 02-03 - Accreditation - Computer-Aided Dispatch/Records Management System - New Officers - Williamson County Firearms Range Project - New Police Headquarters Building Chief Conner also outlined Performance Indicators for Crime Rate, Customer Survey, Internal Affairs Complaints and False Alarms. The Council raised their concern regarding junk vehicles and home occupations. • Will Hampton gave a brief report on the following regarding the Communications Department. - An interactive map regarding the General Obligation Bond is on the website. This will be expanded to include projects. - The surveys regarding bandit signs is also on the website. - The online service request has been launched. - The E-Mail News has been very effective. More surveys will be done. • - The Economic Development website will be launched in a few weeks. - Channel 10 is being upgraded. - The Bleiker training for staff is ongoing. The following items were brought up for discussion. Using marquee messaging or utilizing the Dell Diamond reader boards for providing information to the public. Some type of means that civic groups can utilize to advertise their clubs. The sound in the Council Chamber. • Nancy Yawn gave a brief update on the following regarding Economic Development. - Economic Development Plan of the City - Comprehensive Marketing Plan - Retention of industries - Industry Locations/Expansions - Website - Public Relations - Advertising Campaign - Marketing Brochure/Presentation Folder The following items were raised. • Status of timelines for the Economic Development Plan. Combining packet briefings with a tour of industrial facilities. - Getting back on track with the Chamber of Commerce regarding economic development. • Teresa Bledsoe gave a brief update on the following regarding the Human Resources Department. - Health Insurance - Employee Benefits - Employee Training - Civil Service 271. AUGUST 28-29,2002 • Joe Vining gave a brief update on the following regarding the Planning Department. - Development Review Committee - Landscape Inspections - Status of the Subdivision Ordinance - Downtown development area and parking recommendation around the new Municipal Office Complex. - Monitoring process for the Community Development Block Grant Program. • _ Habitat for Humanity Envision Central Texas • Sharon Prete gave a brief update on the following regarding the Parks and Recreation Department. Highlights of Fiscal Year 2001-2002 - Summertime Express - Clay Madsen Recreation Center - Recycling Center - Tree planting - Senior Center - Athletics and Aquatics - Construction of playgrounds - Initiation of Corridor Clean-Up Program Highlights for Fiscal 2002-2003 - Development and Implement a Beautification Plan - Design/construct the Brushy Creek East Trail System - Develop the Trail Master Plan - Design the Senior Center - Design the OSPV Aquatics Center • _ Construct three new playgrounds Develop a Mulch Program - Work with youth baseball programs on a merger - Move to the Municipal Office Complex - Marketing/Sponsorship Program • Dale Ricklefs gave a brief update on the following regarding the Library Department. - Computer usage - Room usage - Purging of books - Focus groups to be established • David Kautz gave a brief update on the following regarding the Finance Department. Highlights of Fiscal Year 2001-2002 - Establishment of a new position, Chief Financial Officer - Recipient of the Distinguished Budget Presentation and Certificate of Achievement for Excellence in Financial Reporting award. - Strategic Budgeting process - Structured General Obligation and State Infrastructure Bank borrowings • totaling$60 million. - Treasury Management program FY2002-2003 Overview and Significant Changes - Focus on long-term financial planning initiatives - Preparing for implementation of GASB 34 - Management of the City's Capital Improvement Program financing. - Refining and updating the City's utility rate model. - Implementation of an automated budget database and process - Development and expansion of the intranet. • Lynn Bizzell gave a brief update on the following regarding the Fire Department. .2 7.2 AUGUST 28-29,2002 - Quarterly Report - Wellness Program - Emergency Operation Plan - Training - New and old Fire Engines - Replacement of Fire Station No. 2 • Jim Nuse gave a brief update on the following regarding the Public Works Department. - Water audit • - BRA rate increase - Regional Sewer - Wastewater Collection System Inspection/Rehabilitation Project - Stormwater Management Plan - City Buildings audit - Stronger project management - Customer surveys Consider discussion of the Budget, Tax Rate and Utility_ 3.1).1. Budget and Tax Rate Mr. Kautz briefly outlined the proposed budget and tax rate. Discussion evolved around the following: - History of the tax rate in previous budgets - Surplus of funds - Tax rate increase - Pay increase as requested by the Police Officers Association 3.D.2. Water and Wastewater Utility Rate Study This will be a winter study. Among other things this will help determine the feasibility of a conservation rate. • 3.D.3. Wastewater Lines Inspection Program Mr. Nuse provided information on this item during the department director's presentations. 3.D.4. Drainage Utility Mr.Nuse provided information on this item during the department director's presentations. 3.D.5. Capital Improvement Project Management The Council and staff discussed the selection process for the Capital Improvement Projects. 3.E. Consider presentation and discussion on the status of issues related to the Sign Ordinance. Joe Vining outlined the current sign ordinance. Discussion led into the process that will be taken for compliance of the sign ordinance,particularly the signs in the right-of-way. Mr. Vining outlined alternatives provided by the Texas Capitol Area Builders Association. An option was the establishment of a regulated Sign plaza or kiosk for the real estate signs. After • discussion, staff received the following directions. Notify the builders that their off premise advertising signs must be removed and be in compliance by September 25th - A comprehensive implementation plan will be developed to enforce the current sign ordinance. Develop a"kiosk"concept regarding licensing in the City's right-of-way for directional signs. 2 7 .3 AUGUST 28-29,2002 31. Consider presentation and discussion on the status of the Smoking Ordinance. The Council and staff discussed many alternatives to resolve the concerns expressed by the citizens regarding smoking in restaurants. After a lengthy discussion the following motion was made. MOTION: Councilmember McGraw moved that staff draft an ordinance that requires restaurants to decide whether they will be either a smoking or non-smoking establishment and • this includes their outside dining areas. Review the definition of bars and that smoking restaurants post a red sign indicating that the establishment allows smoking. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: Councilmember Coe ACTION: The motion carried with 6 ayes and 1 no. In addition,public hearings will be held at the next two Council meetings. The following items 3.G.1. through 311. were addressed on Thursday, August 29, 2002. • Consider update and discussion regarding transportation ransportation issues. • 3.G.1. Traffic Congestion 3.G.2. 620 Railroad Crossing 3.G.3. Hester's Crossing Bridge 3.G.4. County Road 122 3.G.5. Public Transportation 3.G.6. Street Maintenance Projram • Consider discussion regarding upcoming Planning and Code Enforcement issues. 3.11.1. Political Signs 3.H.2. Incendiary Littering 3.11.3. Mailboxes and Neighborhood Box Units • 3.H.4. Parking in yards 3.11.5. Maximum number of individuals per household 3.H.6. Animal Control Ordinance • Consider discussion of naming City facilities, streets and parks. 3.I.1. Review draft proposal. • Consider discussion concerning City parks. 274 AUGUST 28-29,2002 3.J.1. West side park. Councilmember McGraw requested this item. Ms. Prete offered an update on the status on this item and the proposed plan for the west side park. 3.12. Old Settlers expansion. Councilmember Coe requested this item. Ms. Prete offered an update on the expansion particularly the Aquatics Center and the need for additional baseball space. There was also discussion on the Sam Bass baseball fields and the direction that Council wants to take regarding these fields. • 3.J.3. YMCA parkland trade. A brief update was given on this item. At this point no decision has been determined on the direction that would be taken on this item. • Consider update and discussion regarding the YMCA building. Mayor Maxwell disclosed that he serves on the YMCA Board of Directors. 3.K.1. Building usage and costs. Ms. Demers gave an update on the YMCA building use. She outlined information provided to the Council regarding the following: - Co-location of Social Service Agencies,which could resolve duplication of services and could save money for the agencies. - Summary of Needs Space Survey Results - Cost to purchase the YMCA property - How the purchase could be funded Consider discussion regarding healthcare issues. • Mayor Maxwell excused himself for the remainder of Wednesday's meeting to attend a prior commitment. Mayor Pro-tem Nielson chaired the remainder of the meeting. 3.L.1. Update regarding Health Care Access meetings. Councilmember Coe requested this item. He expressed his concern regarding unfunded health care needs. He added that this needs to be addressed for the citizens of Round Rock. He added that currently there are no facilities to serve the under insured or not insured for primary care. Ms. Demers provided information to the Council regarding meetings that have been held between the County, City, and hospital administrators in Williamson County to discuss access to health care in the County. This group was originally brought together to discuss applying for a federal grant from the Health Resources and Services Administration to fund planning efforts in the area of providing more efficient and higher quality health care for the uninsured and • underinsured. It was determined that the grant was not a feasible option at that time. The group focused on assessing interest among the agencies, organizations and governing bodies in comprehensive, collaborative planning for access to a broad range of health services. The major concern is that 21% of the county population is currently uninsured. 3.M. Consider discussion regarding the City's relationship with local social service agencies. The Council and staff discussed the concept of co-location, which may be the AUGUST 28-29,2002 economical way to leverage funds. They added that they desire to help fund as many agencies as possible with no duplications. The level of funding has not currently been determined and staff will bring back to the Council additional information. 3.N. Consider discussion of affordable housing. Councilmember Pitt requested this item. She informed the Council that that citizens and churches wish to form a Round Rock • Habitat for Humanity. An application was submitted to the National Habitat for Humanity to Charter a Chapter in Round Rock. As this proceeds consideration will be needed regarding the role the City will play as far as land or purchase of land or other options like waiving impact fees for the Habitat for Humanity project. RECESS WORK SESSION: There being no further discussion,the meeting recessed at 5:30 p.m. THURSDAY,AUGUST 29, 2002 RECONVENE WORK SESSION—8:00 A.M. ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City • Manager Bob Bennett, City Attorney Steve Sheets,Finance Director Bill White, Chief of Operations/Assistant City Manager Jim Nuse, Planning Director Joe Vining, Parks and Recreation Director Sharon Prete, Chief of Police Paul Conner,Fire Chief Lynn Bizzell,Human Resources Director Teresa Bledsoe, Library Director Dale Ricklefs, Communications Director Will Hampton, and Public Affairs and Business Development Director Nancy Yawn, Assistant to the City Manager, Cindy Demers and Executive Assistant Dianna Hutchens. CONTINUE CONSIDERATION OF WORK SESSION TOPICS. 3.0. Consider discussion of upcoming legislative issues related to municipalities. 3.0.1. Presentation by lobbyists. Randy Cain and Susan Rocha introduced themselves. They will assist the City among other things with upcoming legislative issues during the • Legislative Session. Mr. Cain outlined the process that is taken for bills that will be presented to the State Legislature. He also outlined the following major issues that will come up during the Session. • Budget • Insurance Reform • School Finance (The Robinhood Plan) • Healthcare and Healthcare cost • Transportation funding • Annexation(Anti) 276 AUGUST 28-29, 2002 Ms. Rocha noted that the following committees would be of great importance to municipalities. • Regulation Development • Transportation • Municipal Revenue—Taxation • General Government 3.P. Consider an update regarding the Multi-Institution Teaching Center(MITC). Ms. Yawn ave an update on the MITC Multi-Institution Teaching Center),which is a collaborative • g p ( g ) effort of three educational institutions offering workforce training opportunities, associates', bachelor's and masters' degrees and certificate programs in North Austin and Williamson County. Since 1998 the MITC has enabled adults to continue their education while a holding a full-time job, by scheduling classes at sites within the area during the evening hours. 3.0. Consider discussion regarding economic development. Mr. Vining and Ms. Yawn outlined the Compliance Status Report of the tax abatement agreements with industries. The abatements have been on building permits, impact fees,water and wastewater. The number one benefit for the City is to get the business on line as fast as possible. This has become a trend in courting businesses to Round Rock. There was a brief discussion concerning the continued efforts to stay focused and on track with the Economic Development Plan. • Consider discussion regarding tourism. 3.R.1. Vision/Future of tourism. Charlie Dromgoole, CEO of the Round Rock Chamber of Commerce gave a brief outline on the Chamber of Commerce retreat. The main focus that came out of the retreat was retention of businesses and tourism. There was discussion regarding the City and Chamber meeting to discuss long-range goals and short-range goals on tourism. Also, the need for the City and Chamber to meet to determine the direction that needs to be taken to reestablish the ties. 3.R.2. Allocation of Hotel/Motel Tax. The Council briefly discussed whether the current process should be continued. Mr. Dromgoole noted that local representation is important to held court events to Round Rock. 3.S. Consider topics not addressed on Wednesday, August 28, 2002. • Consider update and discussion regarding transportation issues. 3.G.1. Traffic Congestion. Tom Word gave an overview of the following: Mobility Improvements on FM1325/SH45 Frontage Roads • Traffic Signal Cycle Length(green to green) Before: 319 seconds After: 180 seconds Change: 44% • Number of cycles to Clear Intersection 277 AUGUST 28-29,2002 Before: 2+ After: 1 Change: 7 minutes+ estimate decrease travel time • Through Traffic Lanes Before: Had 4 After: 6+2 turnarounds Change: 50% increase in capacity South Round Rock Improvements • • Arterial Lane Miles of Roadway Before: 52.3 Added 26.7 Change 51% Investment in Arterial Roads City Invested: $53,000,000 Others to Date: $26,000,000 Total Improvements: $79,000,000 Mr. Word also noted that traffic signals are being proposed at the following intersections: • Gattis School Road and County Road 122 • Gattis School Road and High Country • Gattis School Road and Double Creek Drive • Gattis School Road and A.W. Grimes Boulevard • Hesters Crossing at Rawhide • N. Mays at Texas Avenue • N. Mays at Old Settlers • FM3406 at Plantation A signal is also needed at the intersection of FM3406 and Creekbend. This is currently in • negotiations with the Highway Department. Councilmember Pitt inquired if the traffic information regarding SH45 can be televised on Channel 10 and to advertise the time of the telecast. Mr. Word added that the average traffic count for SH45 is 38,000 vehicles a day for both east and west. 3.G.2. 620 Railroad Crossing, Mr. Word informed the Council that Georgetown Railroad does not want to move. The railroad has a lot of protection at the federal level because the railroad was one of the first means of transportation. The reason that Georgetown Railroad does not want to move is that the option of re-routing would cause them to maintain more lines rather than the two miles of line they currently maintain. It appears that negotiations have been exhausted with Georgetown Railroad because of their cost. • 3.G.3. Hester's Crossing Bridge. Mr. Word outlined the proposed improvements,which would tie the frontage road on the west side of the interstate to SH45 and the La Frontera area. He outlined the problems that will occur when the entrance to the interstate at McNeil Road is closed and all traffic will need to go through the Hester's Crossing intersection. 3.G.4. County Road 122. Mr. Word outlined the history of the of the County Road 122 improvements from Forest Creek to the Brushy Creek bridge. He also outlined the intermediate and long term plan for this area. Mr. Word received the consensus of the Council to move 2 7 AUGUST 28-29, 2002 forward and bring back to a future Council meeting a design for the improvements. Mr. Word also gave an update on the County Road 122 Bridge at US79. The cost of those improvements would be about$1million. Staff recommended that an engineering firm be retained to design the bridge and have those plans ready, so when it was time to construct the bridge there would be no delay in the project. He also asked that staff be allowed to pursue the development aspects of the project with no specific construction date. • Councilmember Coe expressed his concern regarding the temporary left-hand turn lane at Meister Lane and Louis Henna Boulevard. 3.G.5. Public Transportation. Mr. Word outlined the history of urban and rural public transportation. He outlined the needs that have been expressed by citizens, especially the senior population. Mr. Word added that an option to address the need for public transportation is the creation of a Regional Transit Authority(RTA), which requires a population of 200,000. He will report back when he receives additional information regarding the RTA. Ms. Prete gave an overview of the Summertime Express. 3.G.6. Street Maintenance Program. Mr. Word gave an update on the Street Maintenance Program. The areas that have been targeted for improvements are the Settlement, • Laurel Ridge, and Eagles Nest. Chisholm Trail between Sam Bass Road and 3406 is being reconstructed. In addition,three parking lots in Old Settlers Park at Palm Valley will be improved. The areas that have been targeted for next year are Greenhill, Egger Acres, Mesa Park, Southern Terrace and South Park. Liberty and Austin Avenue have been identified as part of the Bond Projects for improvements in about two years. Consider discussion regarding upcoming Planning and Code Enforcement issues. 3.H.1. Political Signs. This was briefly discussed during the Sign Ordinance discussion. 3.H.2. Incendiary Littering. This has been an increasing problem especially at intersections where individuals empty their ashtrays when stopped at a traffic signal. The Council briefly discussed how this can be resolved and whether the penalty for doing this should be increased. Staff will develop an awareness campaign that informs the public that emptying • ashtrays at intersections is a violation of the City Code. 3.H.3. Mailboxes and Neighborhood Box Units. Mr. Vining informed the Council that the Post Office has informed the City that they will no longer subsidize the placement of the neighborhood box units in subdivisions due to budget constraints. The residents would need to place a mailbox in front of their residence at a location specified by the Post Office. Staff recommended that the neighborhood mailbox units be a requirement of the subdivision process .279 AUGUST 28-29, 2002 due to concerns regarding the placement of the mailboxes in utility easements. The mailboxes would then be the responsibility of the developer. 3.H.4. Parking in yards. Mr. Vining noted that this has been a common complaint. Staff recommended that a systematic survey be conducted throughout the neighborhoods to determine the extent of the problem. The Council discussed crafting an ordinance to regulate parking in • residential yards. The question was raised as to how the neighborhoods that do not have curbs or gutters would be addressed. Mr. Sheets noted that he already has an ordinance drafted regarding no parking in yards and can bring it back to the Council for consideration. 3.H.5. Maximum number of individuals per household. Mr. Vining noted this is also a common complaint. Mr. Vining and Mr. Sheets offered information on how the maximum number of individuals per household is addressed in the State Statutes. After the discussion, no definite solution was reached on how to resolve the concerns that have been raised by citizens regarding the number of individuals per household. . 3.H.6. Animal Control Ordinance. Chief Conner addressed this item. He gave an overview of the complaints and locations of the complaints the have been received. Various animals like horses, lamas, donkeys, goats, chickens, etc. are being kept as pets in residential neighborhoods. Staff is in the process of updating the current ordinance and will bring it back for Council discussion and consideration. Consider discussion of naming City facilities, streets and parks. Councilmember Gallahan requested this item. 3.I.1. Review draft proposal. Steve Sheets outlined a draft policy for naming city facilities,parklands, and streets. He noted that this would provide for a systematic process. The Council offered amendments to the draft policy. This policy will be formed into a resolution for guidance with a provision that it's only a guide and that the Council will make the final decision on the naming. IT. Consider discussion of the City's strategic direction. This item was not addressed • at this time and will be considered at a later date. ADJOURNMENT: There being no further business, the meeting adjourned at 4:00 p.m. Respectfully submitted, Christine R. Martinez City Secretary PAGES 280 THROUGH 300 WERE INTENTIONALLY LEFT BLANK CITY COUNCIL MINUTES CONTINUE IN BOOK 48 2,.8,1 28 -2 r 283 84 2 5 -2 �8`:� -2.,87 288 2 .&9 :.2 9 �� 291 2.92 293 294 29 5 296 297 298 299 300