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MINUTE BOOK 48 2002-2003 1 SEPTEMBER 12, 2002 The Round Rock City Council met in Work Session and Regular Session on Thursday, September 12, 2002 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER- 6:30 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. WORK SESSION: 3.A.1. Consider a presentation regarding Amendment No. 1 to the FY 2001-2002 Operating Budget. David Kautz, Chief Financial Officer made the staff presentation. The budget amendment allocates available cash from this fiscal year to specified capital purchases. The available funds are provided primarily by delayed implementation of budgeted programs and one-time revenue sources. Utilizing available cash for specific,non-recurring capital purchases reduces the need for borrowing,resulting in lower future tax rates. Mr. Kautz outlined information concerning uses of capital and proposed uses for the available funds. The first reading of this budget amendment will be held at the Council's next meeting. 3.A.2. Consider a presentation by the Chamber of Commerce Tourism Committee regarding the Hotel/Motel event funding for FY 2002-2003. Charlie Dromgoole, CEO and Denise Williams,Director of Operations and Tourism of the Round Rock Chamber of Commerce were present for this presentation. Ms. Williamson made the following presentation on Tourism and the Tourism Committee's recommendations for Hotel/Motel event funding. Tourist...defined • Both business and pleasure travelers • Anyone traveling 50 miles outside his or her community to engage in activities which is not a part of the person's regular routine of activity...such as to work or to school. Global Overview • Tourism is forecasted to be the largest industry in the world within the next decade. • Projected activity by 2010 is $10 trillion National Overview • • America's largest service export industry America's second employer largest g • America's third highest retail sales industry Regional Overview • Texas Tourism Industry employed more than 485,000 Texans in 2000 • Travelers spent more than$40.4 billion in Texas in 2000 • Texas ranks third behind California and Florida in domestic travel spending Impact of Tourism in Texas • Each household would face $792 in additional taxes each year to maintain existing governmental services,without tax revenue generated by travel to Texas. z SEPTEMBER 12,2002 Austin/San Marcos MSA • Combined population: 1,250,000 • Wealth of interests, attractions, activities • Strong growth area • Top origin markets - Dallas/Ft. Worth, Houston, San Antonio Ms. Williams offered statistics regarding the percent of travelers for business purposes and leisureoses. She noted that figures show that Round pure gu Rock Tourism is growing. Ms. Williams outlined graphs that showed an increase in Round Rock's Hotel and Motel Occupancy since 1990 and room rates for Round Rock versus the Austin-San Marcos MSA. Ms. Williams continued her presentation by outlining the following. Round Rock Strengths • Proximity to wide range of recreational, cultural, historical, educational and governmental entities Convenient access via Interstate 35/free parking • Retail/projected retail growth • Restaurants • Safe • Affordable • New facilities; state-of-the art amenities • City's can-do attitude—seeking opportunities • Strong PARD programs; sports venues • Climate—over 300 days of sunshine per year Weaknesses • • Lack of long-range tourism plan • Size of largest facility • Proximity to airport • Dependence on transportation • Lack of public transportation • Revenue limitations &limited resources • Strong competition in surrounding areas • Overshadowed by Austin • Mobility of hospitality personnel Opportunities • Create a unique position for Round Rock in the tourism marketplace • Add employment, especially for underutilized workers • Increase revenue and economic stability by broadening industry base • Enhance quality of life for all residents Threats • Trying to be all things to all people • As population moves farther and farther from the central hub (Austin); Round Rock will inherit more"big city"problems... traffic, crime, etc. • • Ultimately, Round Rock will be"built out" and land locked by other communities— non-threat with long-range plan. 2001- 2002 Accomplishments • Annual advertising exposure (capitalizing on existing audience bases) • Texas Travel Guide • Texas Accommodation Guide • Texas Monthly Travel Planner • Texas Monthly Travel &Tour Guide (new this year) • Austin Meeting Planners Guide (new this year) • Generated over 2,000 inquiries from magazines/publications SEPTEMBER 12, 2002 • Greeted over 10,000 visitors coming to the Palm House Museum&Visitors Center • Assisted 25 groups with goodie bags for meeting and conferences • Completed renovations on Palm House Museum, including flooring, landscaping, and . the white picket fence. • Hosted first conference (TDED Regional)booked by the Tourism Division What If Scenarios What if there were additional funds available, on a one-time basis, after obligations were fulfilled? • • Focus on addition group initiatives • Build awareness through additional media exposure • Generate room revenues through promotions in key regional newspapers Summary and Conclusions • Tourism is growing • Room rates fare competitive • It's time to plan for our future • Our marketing plan is doing a good job of covering the bases...more money will result in expanded programs • Tourism is good for the economy • Tourism is good for the quality of life Ms. Williams outlined the following Chamber of Commerce Tourism Budget. CITY ALLOCATED TOURISM FUNDS Parks &Recreation Convention Solicitation $10,000 EVENT FUNDING RECOMMENDATIONS Festivals and Events Central Texas Antique Fair $10,000 Daffodil Days 1,500 • Fiesta Amistad 8,000 Frontier Days 8,000 Holiday Classic Basketball Tourney 3,800 Pony National Girls Softball Tourney 6,500 Festivals/Events Total $37,800 Arts Support Ballet Folklorico $ 7,990 Central Texas Bluegrass Festival 4,000 Cowboy Christmas Ball 8,000 Old Settler's Reunion 2,500 Quilt Round Up 10,000 Round Rock Community Choir 10,000 Sam Bass Community Theatre 9,500 Arts Total $ 51,990 Museum Support Palm House Museum $ 8,000 Museum Total $ 8,000 Event Funding Total $ 97,790 TOURISM SUPPORT Administration and Operations Visitor Center Weekend Greeters $.3,200 • Staff 62,300 Staff Development 1,500 Overhead 18,500 Dues &Subscriptions 1,400 Administration Total $86,900 Advertising and Promotion General Advertising(Space &Design) $42,500 Collateral Material(Design&Printing) $12,500 Tracking Program $ 2,500 Internet Updates $ 2,500 Postage 5,000 Advertising/Promotion Total $65,000 Total 2002-2003 Tourism Budget SEPTEMBER 12,2002 Event Funding $ 97,790 Administration&Operations $ 86,900 Marketing Programs $ 65,000 Parks &Recreation Convention Solicitation $ 10,000 Contingency 310 Total Tourism $260,000 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: Ruth Koughan, 211 Round Rock Avenue, thanked the Council for the Downtown Improvements. She also thanked Councilmember Gallahan, Sharon Prete and everyone else who contributed their time for the September 11th Day of Remembrance event. Kenneth Synder, 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. PRESENTATIONS: • 8.A. Continuation of presentations not addressed during the Work Session. All the presentations were addressed during the Work Session. PUBLIC HEARINGS: 9.A.1. Consider public testimony concerning the adoption of the proposed 2002-2003 Operating Budget for the City of Round Rock. David Kautz, Chief Financial Officer made the staff presentation on this item and item 9A2 at this time. The Operating Budget includes the General Fund, the General Debt Service Fund, and the Water/Wastewater Utility Fund. The proposed budget requires a 34.220-cent property tax rate and no change to the water, wastewater or garbage rates. Mr. Kautz outlined the following budget. 2002-2003 Proposed Operating Budget Fund Summaries: • 2001-2002 2002-2003 Approved Budget Proposed Budget General Fund Total Revenues $52,205,386 $52,739,036 Total Expenditures (51,617,158) (52,723,248) Change in Fund Balance $ 588,228 $ 15,788 I & S GO Debt Service Total Revenues $7,680,055 $8,209,655 Total Expenditures (7,953,085) ( 8,404,540) Change in Fund Balance $(273,030) $ (194,885) Utility Fund 5 SEPTEMBER 12, 2002 Total Revenues $22,906,700 $23,172,700 Total Expenditures (21,744,730) (23,166,213) Change in Working Capital $.1,161,970 $ 6,487 (1) (1) These funds are designated for utility system improvements and resulting new operating programs. These programs will span multiple fiscal years to accommodate substantial growth in the customer base. Mr. Kautz added that even though this is a"fairly lean budget", it maintains levels of • service for a growing population at competitive rates while adhering to prudent financial policies. There are no proposed changes for the garbage rate or the water/wastewater rates. Funding has been set aside in the budget to fund social services agencies requests and if those funds are approved, staff will bring back the contracts for the funding requests for the Council's consideration. In regard to the property tax rate,the proposed Operating Budget for fiscal year 2002-03 is balanced at a tax rate of 34.220 cents per$100 of appraised taxable value. While this rate is greater than last year's tax rate of 32.207 cents, it is 10.4%higher than the Effective Tax Rate. The Effective Tax Rate would impose the same total taxes as last year from properties on the tax roll this year that were also on the tax roll last year. This tax rate provides adequate funding for • the proposed operating budget. It still remains a competitive rate when compared to other municipalities and it enables the City to slightly reduce reliance upon the sales tax for operations. Mr. Kautz added that the City's tax rate is the lowest in the region. Mayor Maxwell opened the public hearing. Willie Richards, 2104 Chalk Hill Cove,Round Rock Police Officers Association spoke in favor of the budget especially in regard to an increase in the number of police officers and increase in the officers salaries. . Tim Norris, 901 East Austin Avenue, expressed his concern of the proposed tax increase adding that he was against the tax increase. He said"what needs to be done is_to slow the growth rate." There being no further testimony, the public hearing was.closed. • 9.A.2. Consider public testimony concerning the adoption of the proposed 2002 property tax rate for the City of Round Rock. David Kautz, Chief Financial Officer made the staff presentation on this item during item 9A1. The proposed Operating Budget for fiscal year 2002-03 is balanced at a tax rate of 34.220 cents per$100 of appraised taxable value. This tax rate provides adequate funding for the proposed operating budget. 6: SEPTEMBER 12,2002 In response to Councilmember Gallahan's request, Mr. Kautz addressed the concerns of Mr. Norris who spoke against tax rate. He also clarified the reason for the tax increase at the request of Councilmember McGraw. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 9.B.1. Consider public testimony concerning amending Chapter 6, Section 6.400 Round • Rock Code of Ordinances (1995 Edition)to amend the smoking regulations in public places. Steve Sheets, City Attorney made the staff presentation. He outlined the proposed amendments to the smoking regulations. Mayor Maxwell opened the public hearing. Michael L. Choate, 20 Fairview Drive, spoke in favor of giving restaurants the right to choose whether they wish to be either a smoking or non-smoking establishment. Phil Huang,MD, 1100 W. 49th Street,Austin,noted that he was not favoring either smoking or non-smoking,but rather was there as a resource. He offered statistics on both sides of the smoking issue. Faye Johnson, 109 Vista Avenue,recommended that the issue of smoking or non- • smoking be placed on an election ballot so the voters could decide. Gisele Schaefer, 2003 Woods Cove,noted that she is a business owner and even though she agrees with the clean air ordinance, she disagrees with making the outside of a restaurant non-smoking. She added that the restaurants should have the right to decide. Robert L. Young, 817 Satellite View, said that the proposed ordinance provides for a good balance between smoking and non-smoking and he was pleased with the compromise. Krista Marin, 805 Lawmans Court, spoke against current proposed ordinance. Lori Collier, 3107 Oak Bend Drive, spoke against the proposed ordinance because if a restaurant chooses to be a smoking environment, then employees would still be exposed to second-hand smoke. Lizzy Summers, 1609 Blackjack Drive, spoke in favor of banning smoking in all public • places. Keir Duchesheau, 515 E. Palm Valley Boulevard, expressed his support of the no smoking ordinance but at the same time he is not trying to prevent people from smoking. James Gray, 2433 Ridgepoint Drive, Austin,representative of the American Cancer Society, said that the proposed ordinance concerns.the American Cancer Society because it doesn't protect the individuals who have to be exposed to second-hand smoke. He said that the 7: SEPTEMBER 12, 2002 American Cancer Society has concerns that the ordinance doesn't apply to all businesses and there is no penalty for enforcement. Mr. Gray spoke in favor of a complete ban on smoking in all public places. He urged the Council to adopt an ordinance like the City of New Braunfels or the City of Leander. Sabina Palmero, 1203 Creekview Drive, spoke in favor of no smoking for all restaurants • and added that the ordinance needs to be changed to reflect this regulation. Frank Tighe, 1108 Creekview Drive, strongly opposed smoking in public places. He said this is not a smoking in restaurant issue. It's a smoking in public place issue. It's a public health issue because"Tobacco destroys health!" Jack Frick, 905 Oaklands Drive, spoke against the ordinance adding that he is a smoker and that restaurants should be allowed to provide for both smokers and non-smokers. Tom Mahon, 2929 Donnell Drive, said that he is a smoker and feels that the current ordinance is sufficient. He added that if there were a problem,the restaurants would have changed the policy in their places of business. He said that the new ordinance would force family diners away. • Michele Messina, 4406 Cisco Valley Drive, expressed his support of the no smoking ordinance but added that the Council should not decide either way. Dominik Chilleri, 3012 Sugar Berry Cove, expressed his support for no smoking in restaurants. Missy Watson, 1706 White Oak Loop, expressed her support of"the free market." She outlined information concerning statistics that the American Cancer Society advertises. She expressed her concern"that people's rights were being removed." Scott Kirtley, 1100 Water Birch, expressed his support of property rights and added that he doesn't want a government entity"telling him how to run his business." Clark Simmons,P.O. Box 10293, expressed his concern that property rights were being taken away. • Gaylyn Brown, address unknown, spoke in favor of no smoking in public places. Ann Herndon, address unknown, expressed her opposition to the proposed ordinance and wants an ordinance that is in favor of clean indoor air. Meagan Brown, 2200 Grove Drive, expressed her opposition to the proposed ordinance and supports no smoking in public places. Jay McCullough, 701 Brazos, Suite 500, Austin, spoke in favor of a no smoking ordinance and spoke against the proposed ordinance. . SEPTEMBER 12,2002 Ray Overstreet, address unknown, noted that when he opens his restaurant on Main Street it will be a no smoking environment and supports the proposed ordinance. Joe Schaefer, 301 Chisholm Trail, spoke against the proposed ordinance. He supports allowing designated areas in businesses for smoking and no smoking. He asked that the outdoor area of a business not be restricted for smoking. 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 pulled from the consent agenda. *11. APPROVAL OF MINUTES: Regular Session August 22, 2002. *12.C.1. Consider an ordinance amending Chapter 9, Section 9.502,Round Rock Code of Ordinances (1995 Edition) establishing a 55-mph speed zone on a portion of the SH 45 frontage road. (First Reading) *12.0.2. Consider an ordinance amending Chapter 9, Section 9.502, Round Rock Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on a portion of the SH 45 • frontage road. (First Reading) *13.A.1. Consider a resolution authorizing the City Manager to issue a purchase order to Advanced Modular Power Systems for the purchase and installation of three hydraulic generators for Fire Engines 1, 4 and 5. *13.C.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with K.C. Engineering, Inc. for the G.O. Bond Citywide Sidewalks, Segment 1 Proiect. *13.C.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Bury+Partners, Inc. for the G.O. Bond Citvwide Sidewalk Project Segment 2 Proiect. *13.C.3. Consider a resolution authorizing the)Mayor to execute an Agreement for • Engineering Services with Fisher Hagood, Inc. for the G.O. Bond Citvwide Sidewalks, Segment 3 Project. *13.C.4. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Baker-Aicklen&Associates Inc. for the Downtown Streets Phase I Project. SEPTEMBER 12,2002 *13.C.9. Consider a resolution authorizing the Mayor to execute a contract with Utility and Environmental Services, Inc. for the 2001-2002 Sewer Cleaning and Internal Television Inspection,Basins OC31Z and CC36Z Proiect. *13.C.10. Consider a resolution authorizing the Mayor to execute an Architect's Agreement with Page Southerland Page, L.L.P. for master planning services for the McConico • Building at the Municipal Office Complex. *13.C.11. Consider a resolution authorizing the Mayor to execute an Architect's Agreement with Page Southerland Page,L.L.P. for the design of a surface parking lot for the McConico Building at the Municipal Office Complex. *13.C.12. Consider a resolution authorizing the Mayor to execute an Architect's Agreement with Hall Bargainer, Inc. for the final design of landscape and irrigation for the .McConico Building at the Municipal Office Complex. MOTION: Councilmember Coe moved to approve all the items listed in the consent agenda. 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. APPROVAL OF MINUTES: *11. Regular Session August 22, 2002. This item was approved under the consent agenda. ORDINANCES: 12.A.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. (Second 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. This ordinance includes the recommended amendments from the Commission,recommendations from the City Attorney and recommendations from the City Council. ORDINANCE NO. SEPTEMBER 12,2002 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 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. 12.A.2. Consider an ordinance amending Chapter 6, Section 6.400,Round Rock Code of Ordinances (1995 Edition) to amend the smoking regulations in public places. (First Reading) The Council discussed the proposed amendments to the smoking regulations and received clarification from the City Attorney on certain parts of the proposed ordinance. Councilmember Coe pointed out that he is against tobacco products and expressed his concern on the following: • - Doesn't want the Council to regulate businesses or tell them what to do. - Why were only the restaurants being targeted because if this was being done for public health then why not prohibit all smoking everywhere? - Who will regulate and enforce the smoking regulations? Councilmember Gallahan noted that this ordinance seemed to be the best compromise and by principal, she was against the entire ordinance but was willing to bend a little to accommodate everyone. Mayor Maxwell said, "The Council's intent was to craft an ordinance that would be a compromise for everyone."He added that he has not heard from the restaurant owners and by the absence of the restaurant owners, they may be sending a message that they are in favor of what the Council is proposing". He also "has not heard from the silent majority." ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS AMENDING SECTION • 6.400 OF CHAPTER 6 OF THE CODE OF ORDINANCES; PROVIDING DEFINITIONS; ESTABLISHING CERTAIN SMOKING RESTRICTIONS IN PUBLIC PLACES; AND PROVIDING FOR A REPEALING CLAUSE, A SEVERABILITY CLAUSE, AND A PENALTY CLAUSE MOTION: Mayor Pro-tem Nielson moved to approve the ordinance for discussion purposes only. Councilmember Pitt seconded the motion. . . . . 11 : SEPTEMBER 12, 2002 2"MOTION- 1 IT AMENDMENT: Mayor Maxwell moved to amend the ordinance by adding paragraph(2)to Section 6.402 to state"it is unlawful for a restaurant owner to establish a non-smoking section in a designated smoking restaurant."Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: Councilmember Coe ACTION: The motion carried with 6 ayes and 1 no. Councilmember McGraw provided amendments to the Council that he had drafted for this ordinance. He proceeded to explain the intent of each amendment. (Attachment"A") 3'MOTION- 2"AMENDMENT : Councilmember McGraw moved to amend the ordinance by including all the amendments that he provided titled McGraw's Proposed Amendments, 9-12-02, Revision#1 and to allow the City Attorney to make the necessary change if he finds a better definition for 6.401. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: Councilmember Coe ACTION: The.motion carried with 6 ayes and 1 no. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance with Amendment No. 1 and Amendment No. 2. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: Councilmember Coe ACTION: The motion carried with 6 ayes and 1 no. The City Attorney was directed to incorporate all the noted amendments into the • ordinance for a second reading,which will be on September 26 2002. In addition that he could g P , make minor adjustment to the wording of the amendments for better clarification of the Council's intent concerning the smoking regulations ordinance. 12.B.1. Consider an ordinance adopting the 2002-2003 Operating Budget for the City of Round Rock. (First Reading) David Kautz, Chief Financial Officer made the staff presentation. , The Operating Budget includes the General Fund, the General Debt Service Fund, and the 1 .2 SEPTEMBER 12,2002 Water/Wastewater Utility Fund. The proposed budget requires a 34.220 cents property tax rate. This rate is above last year's rate of 32.207 cents and is above the effective rate of 30.994 cents. The effective rate would generate the same amount of tax from properties on the tax roll this year that were also on the roll last year. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF • ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. MOTION: Councilmember Pitt 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. 12.13.2. Consider an ordinance adopting the 2002 property tax rate for the City of Round Rock. (First Reading) David Kautz, Chief Financial Officer made the staff presentation. The proposed Operating Budget for fiscal year 2002-03 is balanced at a tax rate of 34.220 cents per $100 of appraised taxable value. While this rate is more than last year's tax rate of 32.207 cents, it is 10.4%higher than the Effective Tax Rate. The Effective Tax Rate would impose the same total taxes as last year from properties on the tax roll this year that were also on the tax roll last year. The Council discussed the need for the tax increase. They added that if this were not done this year then the rate would need to be even higher next year. Councilmember Gallahan noted that she normally would not approve an increase in taxes but if it means not funding a particular need then she would set those feelings aside. She added that she hopes the funds will be there to cover the Police Department's needs, like additional • officers and an increase in salary. Mr. Bennett responded that without the 1-cent increase the chances of meeting the Police Department's needs could not be met. ORDINANCE NO. AN ORDINANCE LEVYING TAXES FOR THE MAINTENANCE AND OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF ROUND ROCK, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 2002. 13 SEPTEMBER 12, 2002 MOTION: Councilmember McGraw 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. *12.C.1. Consider an ordinance amending Chapter 9, Section 9.502,Round Rock Code of Ordinances (1995 Edition) establishing a 55-mph speed zone on a portion of the SH 45 frontage road. (First 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 THE SH-45 FRONTAGE ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.C.2. Consider an ordinance amending Chapter 9, Section 9.502,Round Rock Code • of Ordinances (1995 Edition) establishing a 45-mph speed zone on a portion of the SH 45 frontage road. (First 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 THE SH-45 FRONTAGE ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: *13.A.1. Consider a resolution authorizing the City Manager to issue a purchase order to Advanced Modular Power Systems for the purchase and installation of three hydraulic generators for Fire Engines 1, 4 and 5. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase and • installation of three hydraulic generators for Fire Engines 1, 4 and 5, and WHEREAS, Advanced Modular Power Systems has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Advanced Modular Power Systems,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Advanced Modular Power Systems is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Advanced Modular Power Systems for the purchase and installation of three hydraulic generators for Fire Engines 1, 4 and 5. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and 14 SEPTEMBER 12,2002 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 12th day of September, 2002. 13.13.1. Consider a resolution authorizing the Mayor to execute a Financing Program Agreement with Banc One Leasing Corporation to lease/purchase various equipment. Bill White,Finance Director made the staff presentation. Each year the City acquires a portion of its heavy equipment and rolling stock through a tax-exempt leasing program. The financing • program for the current year totals $575,000, financed at an effective interest rate of 2.79%, has a three-year amortization and is outlined in the operating budget. The first year repayment is also included in the proposed operation budget. With a three-year payback,the impact on any one operating budget is minimized. Additionally,the tax-exempt lease rates offer a very favorable cost of capital to the City. This program permits scheduled replacement of worn equipment on a revolving basis. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids to lease/purchase various equipment for use by the City, and WHEREAS, Banc One Leasing Corporation has submitted the lowest and best bid to lease/purchase said equipment to the City, and WHEREAS, the City Council wishes to accept the bid of Banc One Leasing Corporation, • Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, subject to the City Manager's and City Attorney's approval of the final language and terms, a financing program agreement with Banc One Leasing Corporation to lease/purchase various 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 12th day of September, 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 Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. Attachment "A" Minutes 9/12/02 MCGRAW'S PROPOSED AMENDMENTS 9-12-02 Revision#1 Add the following defmition: 6.401: Restaurant Bar:An area within a No Smoking Restaurant where alcohol is served directly to the patrons by a bartender. Add the following to the proposed language: 6.401(14): ...including any outdoor seating and serving areas, and any outdoor waiting areas(but not including any area further than 30 feet from any entrance, waiting area, or seating area). Add the following to the end of the paragraph: 6.403(1)(e): The sign shall be red in color, and shall be not less than 374 square inches (e.g., 17" x 22'9 in area. Add the following to the end of the sentence: 6.403(1)6):Rooms of a restaurant utilized for private functions or banquets,so long as the function or banquet occurs during a time in which the restaurant is not open to the public. Add the following new exception: 6.403(1)(m): In a Restaurant Bar, including in a No Smoking Restaurant, on the later to occur of the following: (i) 10:00 p.m., or(ii) the restaurant closes its kitchen for any items other than appetizers and snacks. Add the following new Section: 6.407 INJUNCTION In addition to the criminal offenses defined herein, the City may file suit in any District Court of Williamson County to enforce the provisions of this Ordinance by injunctive relief. Add the folloyd": The Effective Date of this Ordinance shall be December 1,2002. r 15: SEPTEMBER 12, 2002 13.B.2. Consider a resolution authorizing the Mayor to execute an agreement with Interactive Computer Design,Inc. for a new Water and Wastewater Billing System. Bill White, Finance Director made the staff presentation. The current version of the Utility Billing, Incode 2000,was purchased in August 1998. The vendor will no longer support this current version of software. This migration allows more flexibility for the Utility Billing staff. It also allows easier access to the data. The cost will be $80,000 and will be funded by the Self-Financed Utility Construction Fund. RESOLUTION NO. WHEREAS, the City has a need for technical services for the purchase, installation, and support of a new Water and Wastewater Billing System, and WHEREAS, Interactive Computer Designs, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Interactive Computer Designs, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, subject to the City Manager's and City Attorney's approval of the final language and terms, an agreement with Interactive Computer Designs, Inc. for the purchase, installation, and support of a new Water and Wastewater Billing System. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and • the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of September, 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 authorizing the Mayor to execute an Agreement for Engineering Services with K.C. Engineering, Inc. for the G.O. Bond Citywide Sidewalks, Segment 1 Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City has a need for technical services for the purchase, installation, and support of a new Water and Wastewater Billing System, and 1 .6 SEPTEMBER 12, 2002 WHEREAS, Interactive Computer Designs, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Interactive Computer Designs, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, subject to the City Manager's and City Attorney's approval of-the final language and terms, an agreement with Interactive Computer Designs, Inc. for the purchase, installation, and support of a new Water and Wastewater Billing System. The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of September, 2002. *13.C.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Burn+Partners, Inc. for the G.O. Bond Citywide Sidewalk Project, Segment 2 Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the G. O. Bond Citywide Sidewalks, Segment 2, and WHEREAS, Bury+Partners, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Bury+Partners, 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 Engineering Services with Bury+Partners, Inc., for the G. O. Bond Citywide Sidewalks, Segment 2, 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 12th day of September, 2002. *13.C.3. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Fisher Hagood, Inc. for the G.O. Bond Citywide Sidewalks, Segment 3 Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the G. O. Bond Citywide Sidewalks, Segment 3, and WHEREAS, Fisher Hagood, Inc. has submitted an Agreement for Engineering Services • to provide said services, and WHEREAS, the City Council desires to enter into said agreement with.Fisher Hagood, 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 Engineering Services with Fisher Hagood, Inc., for the G. O. Bond Citywide Sidewalks, Segment 3, 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 . .. 17 SEPTEMBER 12,2002 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 12th day of September, 2002. *13.C.4. Consider a resolution authorizing the Mavor to execute an Agreement for Engineering Services with Baker-Aicklen&Associates Inc. for the Downtown Streets Phase I Project. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Downtown Streets,Phase 1 Project, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Baker-Aicklen & Associates, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Baker-Aicklen & Associates, Inc., for the Downtown Streets, Phase 1 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 12th day of September,2002. • 13.C.5. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Plan. Tom Word,Director of Transportation Services made the staff presentation. The Transportation Capital Improvement Program(TCIP) is a two-year spending plan for improvements to major roads and arterials in the City. Funding for this plan is provided through the V2% sales tax established for the purpose of transportation improvements. The TCIP was amended to supplement funding for an additional project to provide schematics, estimates and TIA for various road improvements around I-35 from Westinghouse Road to FM 1431. The cost will be $100,000,which was approved by the Transportation System Development Corporation 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 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 18 SEPTEMBER 12, 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 12th day of September, 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. 13.C.6. Consider a resolution authorizing the Mayor to execute an Agreement for. Engineering Services with HDR Engineering, Inc. for the IH 35 modifications from Chandler Road to Westinghouse Road, and for the development of a parallel arterial to IH 35. Tom Word, Director of Transportation Services made the staff presentation. A preliminary programming • report will be developed to establish the preliminary cost estimates for five separate projects listed below. This report will also include information required to complete the final design of each project. The projects are as follows: 1. Ramp Reversal of northbound ramp pair between Chandler Road and Westinghouse Road. 2. Adding a frontage road lane between new ramp pair configuration. 3. Adding northbound to southbound Turn-around Bridge at Westinghouse Road. 4. Adding southbound to northbound Turn-around Bridge at Chandler Road/RM 1431. 5. Arterial roadway approximately 4,000 feet long extending from the northbound frontage road to FM 1431. A traffic impact analysis will also be developed to provide data for the report. The area that will be studied is bounded by IH 35 to the West,.Westinghouse Road to the North, FM 1460 to the East, and Chandler Road to the South. The analysis will develop current and Future Level of Service based on the planned development for the area for the intersections listed below and • the roadway segments between those roadways as follows: 1. Intersection of 11135 with Chandler Road and Westinghouse Road. 2: Modifications to the frontage road and ramp reversals. 3. Intersection of FM 1460 with Chandler Road and Westinghouse Road. 4. Adding turn-around bridges at Chandler Road and Westinghouse Road. 5. Arterial roadway approximately 4,000 feet long extending from the northbound frontage road to FM 1431. 6. Terra Vista Parkway and the frontage road. . , 19' SEPTEMBER 12,2002 The cost of the services will be$81,668.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for a preliminary programming report for the IH 35 modifications from Chandler Road to Westinghouse Road, and for the development of a parallel arterial to IH 35, and WHEREAS, HDR Engineering, Inc. has submitted an Agreement for Engineering Services to provide said services, and • WHEREAS, the City Council desires to enter into said agreement with HDR Engineering, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with HDR Engineering, Inc., for a preliminary programming report for the IH 35 modifications from Chandler Road to Westinghouse Road, and for the development of a parallel arterial to IH 35, 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 12th day of September, 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 McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 13.C.7. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Contract for Engineering Services with Chiang,Patel &Yerby, Inc. for the realignment and reconstruction of CR 113 from FM 1460 to the abandoned MKT Railroad right-of-way in Williamson County. Tom Word,Director of Transportation Services made the staff presentation. The Texas Department of Transportation(TxDOT) is proposing to reconstruct FM 1460 to widen the highway to five lanes with a continuous left turn lane. As part of the project, TxDOT plans to move the intersection of FM 1460 with CR 113 to the south to improve the safety of the intersection. This will require the relocation of CR 113 from this intersection to the abandoned MKT railroad right of way. To assure coordination of the City project and the state project, staff is proposing that the City use the same engineer for the relocation of CR 113 as TxDOT is using for FM 1460. The original contract,which was approved on March 8, 2001, 20 SEPTEMBER 12,2002 provided engineering services 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. Supplemental Agreement No. 1 approved by Resolution No. R-01-12=20- 1 OD8 on December 20, 2001, extended the contract until June 28, 2002. Another extension was requested by Supplemental Agreement No. 2 which was approved at the July 25th Council meeting and this extended it until June 30, 2003 so to allow for coordination between the City • and TxDOT. Supplemental Agreement No. 3 will provide for the revision of plans, specifications, and estimates (PS&E) for the realignment and reconstruction of CR 113 due to recent developments. The engineer has agreed to perform the additional work for$121,714. The change in alignment will change the roadway frontage of certain properties. The relocation of CR 113 will provide a much safer intersection with FM 1460. Additionally, the new intersection will provide a much higher capacity,which will be beneficial for events at the Old Settlers Park and the Dell Diamond. 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. 3 to the Contract for Engineering Services to provide for revisions of plans, specifications, and estimates for the realignment and reconstruction of CR 113, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 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. 3 to Contract for Engineering Services with Chiang, Patel & Yerby, Inc. to provide for revisions of plans, specifications, and estimates for the realignment and reconstruction of CR.113, 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 12th day of September, 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 SEPTEMBER 12,2002 Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 13.C.8. Consider a resolution authorizing the Mayor to execute Change Order No. 9 with Austin Filter Systems, Inc. for roadway improvements to Dell Way, Dell Center Boulevard • and Gattis School Road. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. On August 10th, 2000,the City Council approved Resolution No. R-00-8-10-1 OB7 in which Austin Filter Systems, Inc. would be responsible for the construction of the.Dell Way, Dell Center Boulevard, Gattis School Road and entrance to the Boardwalk Shopping Center in the amount of$1,173,403.00. The changes in quantities due to design changes have resulted in a need for Change Order No. 9 for$63,919.85. This brings the total cost of the project to $1,427,585.80. The completion of South Mays, Dell Center Boulevard and the Home Depot Bridge will result in less traffic congestion on surrounding neighborhood streets such as Gattis School Road and Greenlawn Boulevard. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Austin Filter Systems, Inc. for the construction of roadway improvements to Dell Way,Dell Center Boulevard, and Gattis School Road, and WHEREAS, Austin Filter Systems, Inc. has submitted Change Order No. 9 to the Contract to include changes in quantities due to design changes in project, and WHEREAS, the City Council desires to enter into said Change Order No. 9 with Austin Filter Systems, 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 Contract Change Order No. 9 to the Contract with Austin Filter Systems, Inc. for changes in quantities due to design changes in 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 12th day of September 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 22 SEPTEMBER 12,2002 Noes: None ACTION: The motion.carried unanimously. *13.C.9. Consider a resolution authorizingthe to execute a contract with Utility and Environmental Services, Inc. for the 2001-2002 Sewer Cleaning and Internal Television Inspection, Basins OC31Z and CC36Z Proiect. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock has duly advertised for bids for the 2001-2002 Sewer Cleaning and Internal Television Inspection,Basins OC31Z and CC36Z Project, and WHEREAS, Utility and Environmental Services, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Utility and Environmental Services, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayo_r is hereby authorized and directed to execute on behalf of the City a contract with Utility and Environmental Services, Inc. for 2001-2002 Sewer Cleaning and Internal Television Inspection,Basins OC31Z and CC36Z 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 12th day of September, 2002. *13.C.10. Consider a resolution authorizing the Mayor to execute an Architect's Agreement with Page Southerland Page, L.L.P. for master planning services for the McConico • Building at the Municipal Office Complex. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for master planning services for the Municipal Office Complex, and WHEREAS, Page Southerland Page, L.L.P. 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 Agreement with Page Southerland Page, L.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 a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's' Services with Page Southerland Page, L.L.P. for master planning services for the Municipal Office Complex, 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 12th day of September, 2002. *13.C.11. Consider a resolution authorizing the Mavor to execute an Architect's Agreement with Page Southerland Page, L.L.P. for the design of a surface parking lot for the McConico Building at the Municipal Office Complex. This item was approved under the consent agenda. RESOLUTION NO. iii ,3 SEPTEMBER 12,2002 WHEREAS, the City of Round Rock desires to retain professional architectural services for the design of a surface parking lot for the McConico Building at the Municipal Office Complex, and WHEREAS, Page Southerland Page, L.L.P. 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 Agreement with Page Southerland Page, L.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 a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services with Page Southerland Page, L.L.P. for architectural services for the design of a surface parking lot for the McConico Building at the Municipal Office Complex, 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 12th day of September, 2002. 13.C.12. Consider a resolution authorizing v the Mayor to execute an Architect's Aireement with Hall Bargainer, Inc. for the final design of landscape and irrigation for the McConico Building at the Municipal Office Complex. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services • for the final design of landscape and irrigation for the McConico Building at the Municipal Office Complex, and WHEREAS, Hall Bargainer, Inc. has submitted a Standard Form of Agreement Between Owner and Architect with Standard Form of Architects Services to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Hall Bargainer, 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 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services with Hall Bargainer, Inc. for the final design of landscape and irrigation for the McConico Building at the Municipal Office Complex, 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 12th day of September, 2002. MAYOR AND COUNCIL COMMENTS: None ADJOURNMENT: ® There beingno further business the meeting adjourned at 10:47 .m. g J P s ectfully Submitted Christine R. Martinez, City Secretary 24 SEPTEMBER 1 8,2002 The Round Rock City Council met in Executive Session on Tuesday, September 18, 2002 at 8:00 a.m. in room 309,third floor conference room in City Hall, 221 E. Main Street. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Scot Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. Councilmember Carrie Pitt was absent.'Also present . was City Attorney Steve Sheets. • EXECUTIVE SESSION: 3.A. Executive Session as authorized by 051.074 Government Code, to deliberate the appointment of a new City Manager. RECESS INTO EXECUTIVE SESSION — MAYOR'S OFFICE AT THE ROBERT G. AND HELEN GRIFFITH PUBLIC LIBRARY The Council entered into Executive Session at 8:10 a.m. The Council took no action regarding the Executive Session. ADJOURNMENT- CITY HALL, 3RD FLOOR CONFERENCE ROOM,NO. 309 There being no further business,the meeting adjourned at 9:22 a.m. RVs ectfully Submitted • Christine R. Martinez, City Secretary 25 SEPTEMBER 26, 2002 The Round Rock City Council met in Regular Session on Thursday, September 26, 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 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: 4.A. Cliff Hodgins Cliff Hodgins, 1310 Ray Berglund Blvd., outlined the following issues and requested the Council's support in addressing these issues. He also submitted a petition from residents supporting this request. • 20 mph speed zone on a portion of Doublecreek Drive • 20 mph speed zone on Ray Berglund Boulevard • Stop sign on Ray Berglund Boulevard at its intersection with Doublecreek Drive • 40 mph speed zone on a portion of Gattis School Road • • School speed zone on a portion of Gattis School Road • All-way stop at the western intersection of Gattis School Road and Round Rock Ranch Boulevard 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. He also expressed his support of an ordinance that allows both smoking and non-smoking in restaurants. Juan Carlos Sanchez, 1801 Hunters Trail, expressed his concern regarding the speeding on Hunters Trail. He requested speed bumps and signs to help solve the speeding problem. Mr. Sanchez submitted a petition in support of the speed control devices on Hunters Trail. PROCLAMATIONS: 5.A. Consider a proclamation proclaiming October 12, 2002 as "For the Love of Christi • -Memorial Tree Grove Dedication Day." Mayor Maxwell read the appropriate proclamation and presented it to Susan and Don Cox,Founder's of"For the Love of Christi." Whereas, "For the Love of Christi" is a non-profit, non-denominational organization providing help and ongoing support to individuals and families adjusting to life after the death of a loved one, regardless of the circumstances; and educating the general public regarding the issues of grief and other concerns of the bereaved, and Whereas, founded in 1987 by Susan and Don Cox following the death of their daughter, Christi Lanahan, participants in "For the Love of Christi" help one another with their pain in finding peace once again, listen with their hearts by reaching out to others who are hurting, and 2s September 26,2002 work to,keep the cherished memories of loved ones alive by offering unconditional love, comfort and emotional support, and . Whereas, "For the Love of Christi" and the City of Round Rock Parks and Recreation Department are sponsoring the planting of a Memorial Tree Grove, Phase 2, at Old Settlers Park, Palm Valley, to provide an opportunity for individuals and families to plant a living memorial in the name of a loved one, and Whereas, a tree planting will be held at 9:00 AM on Saturday October 5th and the Ceremony will be held to officially dedicate the Memorial Tree Grove at 11:00 A.M. on Saturday, October 12,2002. Now, Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock hereby proclaim- October roclaim October 12, 2002 as "For the Love of Christi -Memorial Tree Grove Dedication Day" in the City of Round Rock and call on all citizens to join me in recognizing the efforts of"For the Love of Christi" and Round Rock Parks and Recreation Department in bringing the Memorial trees to the citizens of Round Rock and urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. PROCLAIMED this 26th day of September, 2002. PRESENTATIONS: 6.A.1. Consider a presentation concerning Envision Central Texas. Neal Kocurek and Beverly Silas presented information concerning the Envision Central Texas organization. Envision Central Texas (ETC) is a non-profit organization that is guiding the public development of a regional plan to address the growth of Bastrop, Caldwell,Hays, Travis and Williamson counties. When the process is complete, and the public has selected a preferred growth strategy, ECT will assist regional planners and policy-makers with voluntary • implementation guidelines for working toward this common vision. 6.B.1. Consider a presentation concerning amending Chapter 4, Section 4.309, Round Rock Code of Ordinances (1995 Edition)to amend the fee structure for vehicle-wrecker services. Paul Conner, Chief of Police made the staff presentation. Section 4.309 of the City Code of Ordinances provides a schedule of maximum fees that vehicle wrecker services,which are permitted to operate within the city limits,may charge for various services. These maximum fees also apply when a request is made through the police communications center to have a vehicle towed from the scene of a collision. The Police Department plans to bring a revised schedule of these fees to City Council in the near future for approval in order to bring these fees in alignment with those in place in surrounding communities. PUBLIC HEARINGS: • 7.A.1. Consider public testimony concerning the adoption of the proposed 2002-2003 Operating Budget for the City of Round Rock. David Kautz, Chief Financial Officer made the staff presentation. The Operating Budget includes the General Fund, the General Debt Service Fund, and the Water/Wastewater Utility Fund. The proposed budget requires a 34.220-cent property tax rate and no change to the water, wastewater or garbage rates. This budget maintains 27 September 26,2002 levels of service for a growing population at competitive rates,while adhering to prudent financial policies. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 7.A.2. Consider public testimony concerning the adoption of the proposed 2002 • property tax rate for the City of Round Rock. David Kautz, Chief Financial Officer made the staff presentation. The proposed Operating Budget for fiscal year 2002-03 is balanced at a tax rate of 34.220 cents per$100 of appraised taxable value. While this rate is greater than last year's tax rate of 32.207 cents, it is 10.4%higher than the Effective Tax Rate. The Effective Tax Rate would impose the same total taxes as last year from properties on the tax roll this year that were also on the tax roll last year. This tax rate will provide adequate funding for the proposed operating budget. It will still remain a competitive rate when compared to other municipalities and will enable the City to slightly reduce reliance upon the sales tax for operations. Mayor Maxwell opened the public hearing. Tim Norris, 901 East Austin Avenue, spoke against the tax increase. • There being no further public testimony, the public hearing was closed. 7.A.3. Consider public testimony concerning the adoption of the proposed Hotel Occupancy Tax Budget for Fiscal Year 2002-2003. David Kautz, Chief Financial Officer made the staff presentation. The Chamber of Commerce Tourism Committee presented their recommendations at the September 12, 2002 Council meeting regarding the Hotel/Motel event funding. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. - 7.B.1. Consider public testimony concerning amending Chapter 6, Section 6.400, Round Rock Code of Ordinances (1995 Edition)to amend the smoking regulations in public places. Steve Sheets outlined the revised version of the Smoking Ordinance,which includes the • amendments approved by the Council at the last meeting. Included were a few minor modifications and refinements that were suggested by Mr. Sheets. This is the second public hearing concerning the proposed amendments to the smoking regulations in public places. Mayor Maxwell opened the public hearing. Don Nadon, 620 San Gabriel Overlook E, Georgetown, said that smoking is a matter of personal preference and recommended something closer to what Austin currently has in place. 28 September 26, 2002 Dan Balderas, 1110 Wayne Drive, owner of Ole Taco spoke in favor of keeping the current smoking regulation ordinance. He said that he has never received a complaint from his customers regarding the smoking issue. Michele Messina, 4406 Cisco Valley Drive, spoke against the proposed ordinance. He said that it wasn't strong enough and if the Council was going to regulate smoking then to regulate it in all businesses. • Major Frank Stolz, 903 Long Meadow Drive, said that regulating smoking is not for Council to decide. Peggie Fink, 201 W. Bagdad, of the Williamson County Health District read and presented the resolution approved by the Health District Board of Directors that encouraged municipalities in Williamson County to adopt a no-smoking ordinance in public buildings. Steve Lynne, 1106 Batavia Drive, of La Margarita Restaurant recommended that a committee be formed of restaurant owners to discuss the best way to address the concerns of the public and Council. Amer Hammond, 600 Round Rock West#404, of Denny's Restaurant said that he is always looking for ways to improve customer relations. Forcing him to choose to be either a • smoking or non-smoking facility would cause him to lose customers. Marilyn Little, 425 Lake Creek Circle, of the Castaways Restaurant, expressed her concern of the City dictating how a business would be run. Matt Lacey, 1901 N. IH-35, Castaways Restaurant asked the Council to table the proposed ordinance and give the restaurant owners an opportunity to meet to find a solution that will benefit both the restaurants and customers. He added that the current ordinance is a `win- win' situation. . Janet Wood, 101 Melory Lane, Georgetown,works at Bennigan's expressed her concern on the proposed ordinance. Melody Lopez, of Jorge's Restaurant expressed her concern of the proposed ordinance. • She added that she wants to be able to serve to both the smokers and non-smokers customers. Randy Barfield, 1900 Walsh Drive, expressed his concern of the proposed ordinance. He asked the Council to let the business owners decide. Jeff Askew, address unknown, expressed his support of being able to choose between smoking and non-smoking establishments. There being no further public testimony, the public hearing was closed. September 26,2002 7.C.1. Consider public testimony regarding the application filed by the Texas Baptist Children's Home and Family Services to rezone 112.4 acres of land,more or less out of the Wiley Harris Survey,.A-298 in Williamson County, Texas, from District MF (Multifamily) to District PF (Public Facilities). Joe Vining,Planning Director made the staff presentation. The Texas Baptist Children's Home(TBCH)tract is currently zoned District MF(Multifamily). The applicant proposes to rezone the 112.4 acres of land to District PF (Public Facility),which will pp p p � tY)� bring the entire tract into conformity with the newly adopted zoning ordinance. As stated in the zoning ordinance,the PF district supports medium to high intensity land uses devoted to, among other uses, office, institutions, and group living facilities. The PF district's primary purpose is to accommodate campus style development that includes both principal and accessory uses. The proposed land use complies with the adopted General Plan. On August 28,2002 the Planning and Zoning Commission recommended approval of the requested zoning change to district PF (Public Facility). Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. • 7.C.2. Consider public testimony regarding the application filed by Tom E.Nelson, Jr. Trustee No. 1 to rezone 90.009 acres of land,more or less, out of the Ephraim Evans Survey, A- 212 in Williamson County, Texas, from District PUD (Planned Unit Development)No. 23 to District SF-2 (Single Family-Standard Lot). (Mayfield Ranch) Joe Vining,Planning Director made the staff presentation. This tract was originally zoned PUD 23 (Campus Business Park) in December 1995. The applicant proposes to rezone 90.009 acres of land to District SF-2 (Single Family-Standard Lot) to develop approximately 339 single-family building lots. The proposed land use complies with the adopted General Plan. On August 28, 2002 the Planning and Zoning Commission recommended approval of the requested zoning change to district SF-2 (Single Family-Standard Lot). Mayor Maxwell opened the public hearing. There being no public testimony, the public • hearing was closed. 7.C.3. Consider public testimony regarding an application filed by RRE Investors, L.P. to adopt original zoning of District C-1 (General Commercial)to include the Palm Valley zoning overlay on 17.78 acres of land,more or less, out of the P.A. Holder Survey, A-297 in Williamson County, Texas. (Round Rock Express) Joe Vining, Planning Director made the staff presentation. This tract lies immediately to the east of the Dell Diamond Tract. Since this 30 September 26,.2002 development is part of the Palm Valley Corridor,the recommendation is for original zoning of District C-1 (General Commercial)to include the Palm Valley Zoning overlay. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: 2 • The minutes of August 28-29, 200 were withdrawn from the entire agenda at the request of staff. The remainingitems were considered routine b the Cit Council and were enacted b Y Y Y one motion. There was no separate discussion on any of these items and no additional items were removed from the consent agenda. *9.A. Consider approval of the City Council meeting minutes for August 28-29, 2002 and September 12, 2002. The minutes of August 28-29, 2002 were withdrawn from the entire agenda and will be addressed at a future meeting. *10.C.1. Consider an ordinance amending Chapter 9, Section 9.502,Round Rock Code of Ordinances (1995 Edition) establishing a 55-mph speed zone on a portion of the SH 45 frontage road. (Second Reading) *10.C.2. Consider an ordinance amending Chapter 9, Section 9.502,Round Rock Code • of Ordinances (1995 Edition) establishing a 45-mph speed zone on a portion of the SH 45 frontage road. (Second Reading) *10.C.3. Consider an ordinance amending Chapter 9, Section 9.503, Round Rock Code of Ordinances (1995 Edition) designating a portion of Lawnmont Drive and a portion of Parkview Drive as a school speed zone. (First Reading) *10.C.4. Consider an ordinance amending Chapter 9, Section 9.503, Round Rock Code of Ordinances (1995 Edition) designating a portion of Gattis School Road as a school speed zone. (First Reading) *11.B.1. Consider a resolution authorizing the closing of streets on October 5, 2002 for the Round Rock Coats for Kids Fun Run. 11.B.2. Consider a resolution authorizing the closing of a portion of Harrell Parkway on October 19, 2002 for the Outlaw Trail 100 Bicycle Tour. *11.C.1. Consider a resolution authorizing the Mayor to execute an Annual Purchasing Agreement for Printing Service for City Stationery(letterhead)with Ingtrax dba Insty-Print r -31 September 26, 2002 *I I.C.2. Consider a resolution authorizing the Mayor to execute an Annual Purchasing Agreement for Printing Service for City Stationery(envelopes and business cards)with Unique Press. *11.D.I. Consider a resolution authorizing the Mayor to execute an Agreement for r Engineering Services with Espev Consultants, Inc. for a study of Onion Branch stormwater • drainage in the vicinity of The Hermitage. . *11.D.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Espev Consultants, Inc. for the G.O. Bond 2002 South Creek Channel Improvement moi ect. *11.D.3. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Chiang, Patel &Yerby, Inc. for the reconstruction of Kiphen Road from the old MKT Railroad right-of-way to CR 122. *11.D.4. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Fisher Hagood,Inc. for the G.O. Bond Forest Creek Safety and Sidewalksrp oiect. • *11.D.5. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Camp Dresser&McKee, Inc. for the design of the Water Treatment Plant's Off-Site Wastewater Line Improvements. *1 LD.7. Consider a resolution authorizing the Mayor to execute and Agreement for Personal Services for Project Administration and Inspection with John H. Konzen for the 2002 CIP Tank Rehabilitation Project. MOTION: Mayor Pro-tem Nielson moved to approve all the items listed in the consent agenda. 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. APPROVAL OF MINUTES: *9.A. Consider approval of the City Council meeting minutes for August 28-29, 2002 and September 12, 2002. The minutes of September 12, 2002 were approved under the consent agenda. The minutes of August 28-29, 2002 were withdrawn from the agenda. September 26,:2002 ORDINANCES: 10.A.1. Consider an ordinance amending Chapter 6, Section 6.400,Round Rock Code of Ordinances (1995 Edition)to amend the smoking regulations in public places. (Second Reading)Will Hampton, Communication Director outlined the efforts that were made to notify the restaurants of the proposed ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING SECTION 6.400 OF CHAPTER 6 OF THE CODE OF ORDINANCES; PROVIDING DEFINITIONS; ESTABLISHING CERTAIN SMOKING RESTRICTIONS IN PUBLIC PLACES; AND PROVIDING FOR A REPEALING CLAUSE, A SEVERABILITY CLAUSE, AND A PENALTY CLAUSE MOTION: Councilmember McGraw moved to approve the ordinance for discussion purposes. Mayor Pro-tem Nielson seconded the motion. The Council discussed the concerns that were addressed by the restaurant representatives. MOTION: Councilmember Pitt moved to table the ordinance until October 10, 2002. 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. I O.B.1. Consider an ordinance adopting the 2002-2003 Operating Budget for the City of Round Rock. (Second Reading) David Kautz, Chief Financial Officer made the staff presentation. The Operating Budget includes the General Fund, the General Debt Service Fund, and the Water/Wastewater Utility Fund. The proposed budget requires a 34.220 cents property tax rate. This rate is above last year's rate of 32.207 cents and is above the effective rate of 30.994 cents. The effective rate would generate the same amount of tax from properties on the tax roll this year that were also on the roll last year. He added that no changes are planned for the • garbage rate or the water/wastewater rates. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. 3 .3 September,26,2002 MOTION: Councilmember Pitt 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 ACTION: The motion carried unanimously. 10.13.2. Consider an ordinance adopting the 2002 property tax rate for the City of Round Rock. (Second Reading) David Kautz, Chief Financial Officer made the staff presentation. The proposed Operating Budget for fiscal year 2003-03 is balanced at a tax rate of 34.220 cents per $100 of appraised taxable value. While this rate is more than last year's tax rate of 32.207 cents, it is 10.4%higher than the Effective Tax Rate. The Effective Tax Rate would impose the same total taxes as last year from properties on the tax roll this year that were also on the tax roll last year. This tax rate provides adequate funding for the proposed operating budget. It still remains a competitive rate when compared to other municipalities and it enables the City to slightly • reduce its reliance upon the sales tax for operations. ORDINANCE NO. AN ORDINANCE LEVYING TAXES FOR THE MAINTENANCE AND OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF ROUND ROCK, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 2002. MOTION: Councilmember Pitt 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. 10.B.3. Consider an ordinance adopting the Hotel Occupancy Tax Budget for Fiscal Year 2002-2003. (First Reading) David Kautz, Chief Financial Officer made the staff presentation. The Chamber of Commerce Tourism Committee presented their recommendations at the September 12, 2002 Council Meeting. ORDINANCE NO. 3: 4 September 26,2002 AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2002-2003. MOTION: Councilmember McGraw 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. 10.13.4. Consider an ordinance approving Amendment No. 1 to the 2001-2002 Operating Budget. (First Reading) David Kautz, Chief Financial Officer made the staff presentation. The budget amendment allocates available cash from this fiscal year to specified capital purchases. The available funds are provided primarily by delayed implementation of budgeted programs and one-time revenue sources. Utilizing available cash for specific,non-recurring capital purchases reduces the need for borrowing,resulting in lower future tax rates. ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO. 1 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2001-2002. MOTION: Councilmember Coe 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 Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. *10.C.1. Consider an ordinance amending Chapter 9, Section 9.502,Round Rock Code of Ordinances (1995 Edition) establishing a 55-mph speed zone on a portion of the SH 45 • frontage road. (Second Readings This item was approved under the consent agenda. ORDINANCE 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 THE SH-45 FRONTAGE ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 35 September 26,2002 *10.C.2. Consider an ordinance amending Chapter 9, Section 9.502 Round Rock Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on a portion of the SH 45 frontage 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 THE SH-45 FRONTAGE ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. . *10.C.3. Consider an ordinance amending Chapter 9, Section 9.503,Round Rock Code of Ordinances (1995 Edition) designating a portion of Lawnmont Drive and a portion of Parkview 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 LAWNMONT DRIVE, AND A PORTION OF PARKVIEW DRIVE AS SCHOOL SPEED ZONES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.C.4. Consider an ordinance amending Chapter 9, Section 9.503, Round Rock Code of Ordinances (1995 Edition) designating a portion of Gattis School Road as-a school speed • zone. First Reading)This item was approved under the consent agenda. PP g ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS DESIGNATING A PORTION OF GATTIS SCHOOL ROAD AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 10.D.1. Consider an ordinance rezoning 112.4 acres of land, more or less, out of the Wiley Harris Survey, A-298 in Williamson County, Texas, from District MF (Multifamily) to District PF (Public Facilities). (Texas Baptist Children's Home and Family Services) (First Reading) A public hearing was held on this item earlier in the meeting. ORDINANCE NO. • AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 112.4 ACRES OF LAND, MORE OR LESS, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT MF (MULTI- FAMILY) TO DISTRICT PF (PUBLIC FACILITIES). MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson 36 September 26,2002 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. 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. 10.D.2. Consider an ordinance rezoning 90.009 acres of land,more or less, out of the Ephraim Evans Survey, A-212 in Williamson County, Texas, from District PUD (Planned Unit Development)No. 23 to District SF-2 (Single Family-Standard Lot). (Mayfield Ranch) (First Reading) A public hearing was held on this item earlier in the meeting.. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 90.009 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 23 TO DISTRICT SF-2 (SINGLE FAMILY- STANDARD LOT). MOTION: Councilmember Gallahan 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: 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. 37 September 26,2002 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. • 10.D.3. Consider an - ordinance adopting original zoning of Distract C-1 (General Commercial)to include the Palm Valley zoning overlay on 17.78 acres of land, more or less out of the P.A. Holder Survey, A-297 in Williamson County, Texas. (Round Rock Express) (First Reading) A public hearing was held on this item earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 17.78 ACRES OF LAND,MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Councilmember McGraw 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. 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 Pitt • Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 10.D.4. Consider an ordinance annexing 3.214 acres of land,more or less, out of the P.A. Holder Survey,A-297, in Williamson County, Texas. (Rusk Road: final phase) (First Reading) Joe Vining, Planning Director made the staff presentation. This roadway segment 38 September 26, 2002 currently lies outside of the Round Rock city limits. This is an annexation of roadway that has been improved to city standards by the developer of the Sonoma Subdivision. Williamson County has submitted a petition for voluntary annexation. This will result in an increasing city limit boundaries to include access to Sonoma subdivision in order to provide municipal police and fire services. ORDINANCE NO. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 3.214 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: Councilmember Pitt 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 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: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell • Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 11.A.1. Consider a resolution authorizing the Mayor to execute a Retail Advertising Contract with the Austin American-Statesman for advertising and publication of public notices. The City regularly purchases advertising space in the Austin American Statesman. This contract 39, September 26, 2002 will ensure the City receives the lowest rate available for display and legal advertising. This service will provide a wider circulation of City notices. RESOLUTION NO. WHEREAS, the City of Round Rock has a need for services for advertising and publication of public notices, and WHEREAS, the Austin American-Statesman has submitted a Retail Advertising Contract to provide said services, and WHEREAS, the City Council wishes to enter into said Retail Advertising Contract with the Austin American-Statesman,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 Retail Advertising Contract with the Austin American-Statesman for advertising and publication,of public notices, 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 26th day of September,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: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. *11.B.1. Consider a resolution authorizing the closing of streets on October 5, 2002 for the Round Rock Coats for Kids Fun Run. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Round Rock Volunteer Center,has requested that La Frontera Boulevard • from Hesters Crossing to Sundance Parkway, Sundance Parkway from La Frontera Boulevard to Kouri Drive, and Kouri Drive from Hesters Crossing to Sundance Parkway, be closed from 7:00 o'clock a.m. until 9:30 o'clock a.m. on October 5, 2002 for the Round Rock Coats for Kids Fun Run, and WHEREAS,the Council wishes to grant such request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the streets along the run 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. o September 26, 2002 RESOLVED this 26th day of September, 2002. *11.B.2. Consider a resolution authorizing the closing of a portion of Harrell Parkway on October 19, 2002 for the Outlaw Trail 100 Bicycle Tour. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Parks and Recreation Department of the City of Round Rock has • requested that Harrell Parkway, from approximately 4,000 feet north of its intersection with Highway 79 to just west of its intersection with Aten Loop, be closed from 5:00 o'clock a.m. until 5:00 o'clock p.m. on October 19,2002 for the Outlaw Trail 100 Bicycle Tour, and WHEREAS, the Council wishes to grant such request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That a portion of Harrell Parkway 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 26th day of September, 2002. *11.C.1. Consider a resolution authorizing the Mayor to execute an Annual Purchasing Agreement for Printing Service for City Stationery(letterhead) with Inqtrax dba Insty-Print. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock has duly advertised for bids for the printing of City letterhead, and WHEREAS, Inqtrax, dba Insty-Prints has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Inqtrax, dba Insty-Prints, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Annual Purchasing Agreement for Printing Service for City Stationary with Inqtrax, dba Insty- Prints, a copy of said Agreement 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 26th day of September, 2002. *11.C.2. Consider a resolution authorizing the Mayor to execute an Annual Purchasing Agreement for Printing Service for City Stationery(envelopes and business cards)with Unique • Press. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the printing of City envelopes and business cards, and WHEREAS,Unique Press has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Unique Press,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 4 September 26,2002 That the Mayor is hereby.authorized and directed to execute on behalf of the City an Annual Purchasing Agreement for Printing Service for City Stationary with Unique Press, a copy of said Agreement 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 26th day of September, 2002. 1 LD.1. Consider a resolution authorizing the Mavor to execute an Agreement for Engineering Services with Espey Consultants Inc. for a study of Onion Branch stormwater drainage in the vicinity of The Hermitage. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Study of Onion Branch stormwater drainage in the vicinity of The Hermitage, and WHEREAS, Espey Consultants, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Espey Consultants, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Espey Consultants, Inc., for the Study of Onion Branch stormwater drainage in the vicinity of The Hermitage, 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 26th day of September, 2002. *11.D.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Espey Consultants, Inc. for the G.O. Bond 2002 South Creek Channel Improvement project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the G. O. Bond 2002 South Creek Channel Improvement, and WHEREAS, Espey Consultants, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Espey Consultants, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Espey Consultants, Inc., for the G. O. Bond 2002 South Creek Channel Improvement, 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 26th day of September, 2002. 42 September 26,2002 *11.-D.3. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Chiang,Patel &Yerby, Inc. for the reconstruction of Kiphen Road from the old MKT Railroad right-of-way to CR 122. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the preparation of schematics, environmental documents,.plans specifications, and estimates (PS&E) • for the reconstruction of Kiphen Road from the old MKT Railroad Right of Way to CR 122, and WHEREAS, Chiang, Patel & Yerby, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said Agreement 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 an Agreement for Engineering Services with Chiang, Patel & Yerby, Inc., for professional engineering services for the preparation of schematics, environmental documents, plans specifications, and estimates (PS&E) for the reconstruction of Kiphen Road from the old MKT Railroad Right of Way to CR 122, 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 26th day of September, 2002. *1 LDA. Consider a resolution authorizing the Mayor to execute an Agreement for • Engineering Services with Fisher Hagood, Inc. for the G.O. Bond Forest Creek Safety and Sidewalks project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the G. O. Bond Forest Creek Safety and Sidewalks, and WHEREAS, Fisher Hagood, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Fisher Hagood, 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 Engineering Services with Fisher Hagood, Inc., for the G. O. Bond Forest Creek Safety and Sidewalks, 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 26th day of September, 2002. *11.D.5. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Camp Dresser&McKee, Inc. for the design of the Water Treatment Plant's Off-Site Wastewater Line Improvements. This item was approved under the consent agenda. RESOLUTION NO. 4 �3 September 26,2002 WHEREAS, the City of Round Rock desires to retain engineering services for the design of the Water Treatment Plant's Off-Site Wastewater Line Improvements, and WHEREAS, Camp Dresser & McKee, Inc. has submitted a Contract for Engineering Services to provide said services, and 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 an Agreement for Engineering Services with Camp Dresser & McKee, Inc., for the design of the • Water Treatment Plant's Off-Site Wastewater Line 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 26th day of September, 2002. I LD.6. Consider a resolution authorizing the Mayor to execute an Agreement with Oncor Energy Delivery Company for the A.W. Grimes Boulevard, Phase I, Street Lighting project. Tom Word,Director of Transportation Services made the staff presentation. The City requested that Oncor Electric Delivery Company provide street lighting facilities sufficient to provide underground electric service to street lights along both sides of A.W. Grimes Boulevard between State Highway 45 and Gattis School Road. Oncor has agreed to provide the services at • a cost of$84,745.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain electrical services for the A. W. Grimes Boulevard,Phase I Street Lighting Project, and WHEREAS, Oncor Energy Delivery Company has submitted an Agreement for electrical services to provide said services, and WHEREAS, competitive bids were not necessary for this project because it is for utility related items that are available from only one source, namely Oncor Energy Delivery Company, and WHEREAS, the City Council desires to enter into said agreement with Oncor Energy Delivery Company,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for electrical services with Oncor Energy Delivery Company, for the A. W. Grimes Boulevard, Phase I Street Lighting 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 26th day of September, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 44 September 26,2002 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. *1 LD.7. Consider a resolution authorizing the Mayor to execute and Agreement for Personal Services for Project Administration and Inspection with John H. Konzen for the 2002 CIP Tank Rehabilitation Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain personal services for Project Administration and Inspection for 2002 CIP Tank Rehabilitation Project, and WHEREAS, John H. Konzen has submitted an Agreement for Personal Services for Project Administration and Inspection for 2002 CIP Tank Rehabilitation Project to provide said services, and WHEREAS, the City Council desires to enter into said agreement with John H. Konzen, 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 Personal Services for Project Administration and Inspection for 2002 CIP Tank Rehabilitation Project with John H. Konzen, 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 26th day of September, 2002. 1 LD.8. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement between Owner and Architect with Standard form of Architect's Services with Brinkley Sargent Architects for the schematic design phase of the new Police Headquarters Facility. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. Early in 2001, Requests for Proposals were sent to local architectural firms. Brinkley Sargent has prior experience with designing police facilities. Brinkley Sargent Architects was selected to • provide a Needs Assessment process as well as design the building. This professional service contract includes a Needs Assessment for$30,885, a site evaluation for$23,665, the schematic design for$87,380, and reimbursable for$11,000. The total amount of the contract is $152,930.00. This facility will provide additional office and training space to coordinate with a long-term facilities plan. The Bond Task Force recommended this new facility as a need due to 415 September 26,2002 the expansion of the Police Department. The citizens of Round Rock approved it in November 2001. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional services for the schematic design of the new Police Headquarters Facility, and WHEREAS, Brinkley Sargent Architects has submitted a Contract for Professional • Services to provide said services, and WHEREAS, the City Council desires to enter into said Contract with Brinkley Sargent 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 Contract for Professional Services with Brinkley Sargent Architects for the schematic design of the new Police Headquarters Facility, 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 26th day of September, 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. 11.D.9. Consider a resolution authorizing the Mayor to execute a System Water Availability Agreement for Colorado River Basin Water with the Brazos River Authority for the purchase of water. Tom Clark,Director of Utilities made the staff presentation. The City is • requesting a total of 4,500 acre-feet of water per Fiscal Year from the System. The Texas Legislative allowed 25,000 acre-feet of water to be transferred from the Colorado Basin to the Brazos Basin. The City has an agreement for 6,944 acre-feet and this agreement will allow Round Rock to access an additional 4,500 acre-feet of that water. The reserve charge is $49.22/acre-foot. This will guarantee a water supply beyond 2050 and is a reliable low cost source of water. RESOLUTION NO. 46 September 26,2002 WHEREAS, the City of Round Rock desires to enter into an agreement with Brazos River Authority("BRA") to purchase water from the Colorado River Basin, and WHEREAS the City of Round Rock and Brazos River Authority have heretofore entered_ into certain raw water contracts, and WHEREAS, BRA has acquired the right to divert and use 25,000 acre-feet of water per year from the Colorado River Basin made available from the Lower Colorado River Authority (LCRA) under the "Water Sale Contract by and between Lower Colorado River Authority and Brazos River Authority Purchaser", and WHEREAS, the City Council wishes to enter into a System Water Availability Agreement for Colorado River Basin Water between Brazos River Authority and City of Round • Rock for the purchase of an additional 4,500 acre-feet of water per fiscal year from the Colorado River Basin,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 System Water Availability Agreement for Colorado River Basin Water between Brazos River Authority and City of Round Rock for the purchase of an additional 4,500 acre-feet of water per fiscal year from the Colorado River Basin, 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 26th day of September, 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 Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: Councilmember Gallahan asked staff to "look into'Mr. Hodgins request concerning traffic and pedestrian safety for the areas he outlined under Citizens Communication. ADJOURNMENT: • There being no further business, the meeting adjourned at 10:08 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary ., 47: OCTOBER 10, 2002 The Round Rock City Council met in Executive Session and Regular Session on Thursday, October 10, 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 Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Scot Knight, Councilmember Isabel • Gallahan and Councilmember G oe Gary Coe. Councilmember Carne Pitt was absent due to illness. Also present were Assistant City Manager/Chief of Operations Jim Nuse and City Attorney Steve Sheets. City Manager Bob Bennett was absent. EXECUTIVE SESSION: 3.A. Executive Session as authorized by &551.072 Government Code, related to the purchase of real property,to wit: Lot 7 Block 7 Section V Round Rock North Industrial P p p v, Business Park and Lot 1,Block A, Commerce Cove Addition. The Council entered into Executive Session at 6:33 p.m. and adjourned at 6:37 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 Scot Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. Councilmember Carrie Pitt was absent due to illness. Also present were Assistant City Manager/Chief of Operations Jim Nuse and City Attorney Steve Sheets. City Manager Bob Bennett was absent. CITIZENS COMMUNICATIONS: Dutch Holland, 907 Martin Avenue, accompanied by members of the Senior Center informed the Council that the Daffodil Bulb sale will begin on October 12'h and will be sold at the Senior Center. Gisele Schaefer, 2003 Woods Cove, informed the Council that this is Mental Illness • Awareness Week. She offered information regarding brain disorders and encouraged everyone to learn more about them. Kenneth Snyder, 4406 North Ridge Acres, Austin, expressed his concern regarding the water situation in North Ridge Acres,which is located outside the city limits of Round Rock. APPROVAL OF MIlNUTES: Work Session August 28-29, 2002 and Regular Session September 26, 2002. 48 OCTOBER 10, 2002 MOTION: Councilmember McGraw moved to approve the minutes as submitted. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. PROCLAMATIONS: 9.A. Consider a proclamation proclaiming November 16, 2002 as Round Rock Serving Center Day. This item was withdrawn from the agenda. PRESENTATIONS: 10.A.1. Consider a presentation concerning expired public service contracts funded by Community Development Block Grant(CDBG)money. Mona Ryan, Community Development Coordinator made the staff presentation. Six public service contracts were funded in FY 2001- 2002 with Block Grant money from program years 3 and 4: Big Brothers Big Sisters; Children's Support Coalition; Round Rock Area Serving Center; Williamson Burnet County Opportunities; • Round Rock Housing Authority; and the YMCA. These agencies are able to provide new or quantifiable increases in services to income eligible residents. In addition, Big Brothers Big Sisters,which had a change, is staff and Children's Support Coalition which have programs that don't begin until the new fiscal year, have requested an extension on getting the funds that were allocated to them. 10.B.1. Consider a presentation concerning the City of Round Rock Employee Health Plan. Teresa Bledsoe, Human Resources Director made the staff presentation. The City's self- insured medical, dental and vision plan is a Preferred Provider Organization plan(PPO) and has three principal components: a health care provider, claims administration and stop loss reinsurance. The health care provider network provides health care to the City's employees and • their covered dependents at negotiated discounts. A claims administrator is hired by the City to assist in plan design, negotiations with the provider network and payment of claims in accordance with the plan design. Reinsurance is purchased by the City to provide a safety net against catastrophic claims. Because the City partially self-insures this plan, the City is responsible for a certain level of claims costs. The reinsurance is responsible for covering claims cost above those covered by the City. Staff recommended that the services of Great-West life & OCTOBER 10,2002 Annuity Insurance Company be accepted to provide independent third party administration of the City's self-funded health plan. Great-West will be able to provide to the City's employees and their dependents a larger benefit network, greater discounts, claims review, and a 3-tier drug plan. The cost of this insurance is a function of the number of employees and dependent units covered. The sources of funds for this are from the City contribution and Employee paid • premiums s f r o dependent health care. Don Sims of Watson Wyatt(Agent of Record/Consultant) summarized the benefits that Great-West will provide. He stated that the City and employees would see in aggregate a saving of a 24%decrease over last year. Great West who will bring their own Provider network would allow greater provider discounts that should provide a greater ease of administration. The agreement will provide skilled medical plan claims administration in an efficient manner. David Kautz, Chief Financial Officer, outlined the financial aspect of the preferred health, dental, and vision plan. 10.C.1. Consider a presentation on the status of activities of the Round Rock Transportation System Development Corporation. This item was withdrawn from the agenda at the request of staff. PUBLIC HEARINGS: l l.A.1 Consider public testimony concerning amending Chapter 6, Section 6.400, Round Rock Code of Ordinances (1995 Edition)to amend the smoking regulations in public places. Will Hampton, Communications Director made the staff presentation. He outlined the outlined the following overview of proposed amendments to Smoking in Public Places ordinance. History • Group approached City Council in 2000 seeking stricter smoking in public places ordinance • Council reviewed multiple draft ordinances in February 2002 • Council directed staff to solicit public input on issue Public Input • • March 2002—Non-scientific survey of subscribers to City e-newsletter • April 2002—Telephoned 161 restaurants with questions about ordinance issue, 61% are no smoking restaurants • May—June 2002—Communications with Williamson County and Cities Health District • July 16—Public Forum at Public Library • August 28-29—2-hour discussion at City Council work session. • September 12 and 26-Public hearings at City Council meeting. The first reading of the ordinance was approved that would require a restaurant to choose either no smoking or smoking and not both. 50 OCTOBER 10, 2002 • October 1 and 3 —Public meetings at Public Library. Consensus was received to allow a third option,which is require ventilation and filters to clean the air. The restaurant representatives that were in attendance did not support the all smoking option. Staff Recommendation • Revise existing ordinance, specifically the section that addresses separation of smoking and non-smoking areas • Revision would have five components • 6.403(1)(d)—In areas where smoking is permitted, existing physical barriers and ventilation system shall be used to minimize the smoke in adjacent no-smoking areas. Revision I. Purpose Contain smoke in designated area Minimize exposure II. Initial Installation Utilize barriers,ventilation and/or filtration to achieve purpose Must be designed by a professional engineer III. Verification of Installation City of Round Rock Building Official will verify compliance IV. Maintenance/Enforcement City of Round Rock Building Official may perform periodic verification on an ongoing basis. Williamson County and Cities Health District has offered to assist. V. Effective Date April 1, 2003 - If not completed by April 1,must designate as non-smoking until system is installed and verified. Next Steps • With Council consent, staff will draft proposed changes to existing ordinance • Review draft with potentially affected interests • Present revised ordinance to City Council for vote at October 24th or November 14th meeting. The Council discussed staff's recommendation and asked for clarification on certain points. Mayor Maxwell opened the public hearing. Ann Herndon, Round Rock, spoke in support of the clean air ordinance, and stated that the Council should"vote clean air in the restaurants and public places,"not only for the youth who provide the service but for all the patrons as well. Frank Tighe, 1108 Creekview Drive, expressed his support of clean air. He noted that the main issue is that"Tobacco destroys health." He asked the Council to craft an ordinance that • prohibits smoking in all public places. Douglas Labodda, 1101 Leah Lane, spoke in favor of a smoke free ordinance for all public places. Steve Lynne, 1530 N. IH35, of La Margarita, expressed his concern that restaurants were only being considered for the smoking regulations. He asked the Council to consider the 51 OCTOBER 10, 2002 smoking regulations for all businesses. Also,that he would prefer not to have to choose either smoking or non-smoking,but rather have a filtration system or barrier. Sue Peterson of YASA expressed her support of a smoke free environment in all public places. Ms. Peterson outlined a study that was done by Julie Winkler,.of TRUST,that showed how a smoke-free policy does not affect restaurant sales. Hammoud Amer, 600 Round Rock West #404, from Denny's and Bennigans, expressed his support of a filtration system or barrier instead of having to choose to be either a smoking or non-smoking restaurant. R.J. Trevathan, 601 Cambridge, spoke in support of no smoking in restaurants and in all public places. James Gray, 2433 Ridgepoint Drive,Austin,representative of the American Cancer Society expressed his concern regarding the smoking issue. He expressed his support of no smoking in all public places. Matt Lacey of Castaways, expressed his concern that only restaurants were being asked to address the issue of smoking in their facilities. He asked the Council to include all businesses in • the City to address the issue of smoking in their facilities. Beth Carlile, 2612 Sinclair,noted that she is a smoker and feels that she has a right to smoke wherever she chooses. She added that the Council should allow the people to have a choice. Joan Velasquez, a waitress from Denny's, expressed her support of people having a choice of smoking or non-smoking. There being no further public testimony, the public hearing was closed. ORDINANCES: 12.A.1. Consider an ordinance amending Chapter 6, Section 6.400, Round Rock Code of Ordinances (1995 Edition)to amend the smoking regulations in public places. (Second • Reading)(Tabled 9/26/02) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING SECTION 6.400 FO CHAPTER 6 OF THE CODE OF ORDINANCES; PROVIDING DEFINITIONS; ESTABLISHING CERTAIN SMOKING RESTRICTIONS IN PUBLIC PLACES; AND PROVIDING FOR A REPEALING CLAUSE, A SEVERABILITY CLAUSE, AND A PENALTY CLAUSE. 1St MOTION: Mayor Pro-tem Nielson moved that staff bring back to the Council two proposed ordinances for consideration at the November 14, 2002 Council meeting. One OCTOBER 10,2002 ordinance will be City's existing ordinance reflective of Will Hampton's presentation and the second ordinance will be reflective of the New Braunfels no smoking ordinance. Councilmember McGraw seconded the motion. 2nd MOTION: Councilmember McGraw moved to expand the smoking regulation recommendation made by Will Hampton to include all public places. This motion died for a lack of a second. • Mayor Pro-tem Nielson withdrew his original motion and Councilmember McGraw withdrew his second to the first motion. P MOTION: Mayor Pro-tem Nielson moved that staff prepare two new ordinances for consideration at the November 14,2002 Council meeting. One ordinance will be reflective of staff's recommendation with the added alternative of requiring ventilation and for all public places. The other ordinance will be reflective of the New Braunfels no smoking ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe • Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 12.B.1. Consider an ordinance amending Chapter 9, Section 9.503,Round Rock Code of Ordinances (1995 Edition) designating a portion of Lawnmont Drive and a portion of Parkview Drive as a school speed zone. (Second Reading) Tom Clark,Utility Director made the staff presentation. During a recent investigation of City school zones,-it was determined that ordinances were needed for some area streets. The addition of a school speed zone will promote a safer environment for school traffic entering and exiting Deepwood Elementary. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES • (1995 EDITION), CITY OF ROUND ROCK, TEXAS DESIGNATING A PORTION OF 'LAWNMONT DRIVE, AND A PORTION OF PARKVIEW DRIVE AS SCHOOL SPEED ZONES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight ' 53 OCTOBER 10,2002 Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 12.13.2. Consider an ordinance amending Chapter 9, Section 9.503,Round Rock Code of • Ordinances (1995 Edition) designating a portion of Gattis School Road as a school speed zone. (Second Reading) Tom Clark,Utility Director made the staff presentation. Pedestrian counts of school age children were conducted on August 26 and 27, 2002 at the intersections of Gattis School Road and Via Sonoma Trail and Bradford Park Drive during the morning period (7:00 a.m.—8:45 a.m.) and the after school period(2:30 p.m. —4:30 p.m.). There were a significant number of children crossing at these two intersections,which warrants the establishment of a short school speed zone on Gattis School Road. Staff recommended to the School District that all the children that cross Gattis School Road at Bradford Park be advised to cross Gattis School Road at Via Sonoma Trail. Staff does not recommend a school speed zone for the full length of Gattis School Road, as there are no other pedestrian crossing conflicts on Gattis School Road that could be identified at this time. The addition of a school speed zone on a portion of Gattis School • Road will promote a safer environment for school traffic entering and exiting the area at Blackland Prairie Elementary and Ridgeview Middle School. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINNACES (1995 EDITION), CITY OF ROUND ROCK, TEXAS DESIGNATING A PORTION OF GATTIS SCHOOL ROAD 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 Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan • Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 12.C.1. Consider an ordinance approving and adopting the Hotel Occupancy Tax Budget for Fiscal Year 2002-2003. (Second Reading)David Kautz, Chief Financial Officer made the staff presentation. The Chamber of Commerce Tourism Committee presented their 54 OCTOBER 10,2002 recommendations at the September 12, 2002 Council meeting regarding the Hotel/Motel event funding. There have been no changes to the budget since the first reading of the ordinance. ORDINANCE NO. AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2002-2003. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember • Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councihnember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 12.C.2. Consider an ordinance approving Amendment No. 1 to the 2001-2002 Operating Budget. (Second Reading)David Kautz, Chief Financial Officer made the staff presentation. The budget amendment allocates available cash from this fiscal year to specified capital purchases. The available funds are provided primarily by delayed implementation of budgeted programs and • one-time revenue sources. The first reading was approved on September 26th and there have been no changes since the first reading of the ordinance. ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO. 1 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2001-2002. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Coe seconded the-motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councihnember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None • Absent: Councilmember Pitt ACTION: The motion carried unanimously. 12.C.3. Consider an ordinance approving and adopting a budget for the Ron Sproull Memorial Fund for Fiscal Year 2002-2003. (First Reading) Sharon Prete, Parks and Recreation Director made the staff presentation. Harriet Sproull donated $100,000 to be used for the development/maintenance of Round Rock Memorial Park with the stipulation that the principal never be spent. This was done in memory of her husband, Ron Sproull. This resource has OCTOBER 10,2002 helped provide additional maintenance services during high periods. This year's budgeted allocation is $5,273.00. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE RON SPROULL MEMORIAL FUND FOR THE 2002-2003 FISCAL YEAR. MOTION: Councilmember Gallahan moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None . Absent: Councilmember Pitt ACTION: The motion carried unanimously. 12.C.4. Consider an ordinance approving and adopting a budget for the Municipal Court Fund for Fiscal Year 2002-2003. (First Reading) Judge McNery made the.staff presentation. This fund is divided into three sections, Child Safety fees, Court Security fees, and Court Technology fees. All of the fees are collected on conviction of certain Municipal Court offenses • with expenditures that are defined by statute. Adoption of the annual budget allows staff to implement plans for enhancing the safety of children,technology of processing cases, and creating a security plan for the courtroom. These funds will create safer school zones for student pedestrians, support upgrades in Municipal Court Technology, and strengthen security during court sessions. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND FOR THE 2002-2003 FISCAL YEAR. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 12.C.5. Consider an ordinance approving and adopting a budget for the Law Enforcement Fund for Fiscal Year 2002-2003. (First Reading)Paul Conner, Chief of Police made 56 OCTOBER 10,2002 the staff presentation. This fund was created for the asset forfeiture program,which was created by the federal government and later adopted by individual states as a tool to combat the benefactors of crime by seizing the proceeds and tools of their criminal enterprises. This program targets property,monies, and holdings gained through the commission of state or federal felonies or used in the commission of those felonies. The City participates in sharing programs with the U.S. Drug Enforcement Agency, the Federal Bureau of Investigation, and the U.S. Treasury Department. Through these programs,the City receives all vehicles, and 80 percent of all the cash and proceeds from property sales-which are shared equally with other local agencies involved in the seizure. This year's revenues are estimated to be a total of$28,000. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2002-2003 FISCAL YEAR. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan • Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 12.C.6. Consider an ordinance authorizing the Mavor to amend the existing electric franchise agreement with Oncor Electric Delivery Company. (First Reading) David Kautz, Chief Financial Officer made the staff presentation. Franchise fees are paid by the electric utility in exchange for using the City's rights of way. As a result of the electric industry restructuring (Senate Bill 7) and a recent lawsuit settlement between several Texas cities (including Round Rock) and TXU Electric, the City must consider an amendment to the current electric franchise ordinance. The ordinance recognizes assignment of the franchise to Oncor Electric Delivery Company and clarifies the fees to be included in the franchise fee calculation as of January 1, • 2002. There will be little or no impact on residential and commercial bills according to Strasburger, Attorneys At Law and Oncor Electric. ORDINANCE NO. AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DLEIVERY COMPANY; FINDING AND 57 OCTOBER 10, 2002 DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 12.C.7. Consider an ordinance authorizing the Mayor to amend the existing gas franchise agreement with TXU Gas Company. (First Reading) David Kautz, Chief Financial Officer made the staff presentation. Franchise fees are paid by the gas utility in exchange for using the City's rights of way. As a result of a recent lawsuit settlement between several Texas cities (including Round Rock) and TXU Gas,the City must consider an amendment to the current gas franchise ordinance. The ordinance provides that the franchise fee increases to 4% (from the current 3%), extends the franchise fee to new customer classes and clarifies the various • fees to be included in Gross Receipts (the basis of the franchise fee calculation). Minor overall effect on customer bills is expected as a result of the changed franchise fee because of lower gas prices. The fee change reflects the lawsuit settlement and provides for uniform franchise fees in the TXU Gas service area. The franchise fee change for an average residence may be 35 cents per month. Monthly bills fluctuate mainly because of changes in gas costs. The extension of the franchise to new customer classes,which were previously exempt from the fee,will be of greater significance (at 4% of the bill amount). Staff recommended that Commercial Government and Industrial Government be excluded from this increase because facilities for Fire, City offices, Courthouses, Schools and Parks and Recreations fall under these categories. ORDINANCE NO. • AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE CITY'S RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. MOTION: Mayor Pro-tem Nielson moved approve the ordinance to increase the franchise fee to all classes of customers within the city limits except the commercial government and industrial government entities. Councilmember Coe seconded the motion. OCTOBER 10,2002 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. RESOLUTIONS: • 13.A.1. Consider a resolution authorizing the Mayor to execute a Grant Agreement with the U.S. Department of Housing and Urban Development(HUD Mona Ryan, Community Development Coordinator made the staff presentation. The 2002-2003 Community Development Annual Action Plan was adopted by Resolution No. R-02-07-25-14D1 and approved by the Department of Housing and Urban Development on October 1, 2002. This agreement between the City and HUD will allow the use of Community Development Block Grant funds set aside for specific projects and activities identified in the FY 02-03 Community Development Action Plan. Programs identified in the Annual Action Plan will directly benefit the low to moderate- income citizens of Round Rock. All the required public hearings were held during the development process of the annual Action Plan. • RESOLUTION NO. WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") has grant funds available to cities through the Community Development Block Grant Program, and WHEREAS, the City Council wishes to make application for the available grant funds for specific projects and activities identified in the 2002-2003 Community Development Annual Action Plan that was adopted by the City Council on July 25, 2002,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 Grant/Agreement with HUD for the above-described grant, a copy of said Grant/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 10th day of October, 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: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight 5 9, OCTOBER 10, 2002 Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.B.1. Consider a resolution declaring support for a Central Texas Regional Mobility Authorily. Jim Nuse, Assistant City Manager made the staff presentation. The Williamson County Commissioners Court, in cooperation with Travis County, submitted a petition to TxDOT for the formation of the Central Texas Regional Mobility Authority(RMA). The regional cooperation to pursue the formation of an RMA further reinforces the Commissioners Court's commitment to providing a safe and efficient transportation system for all the citizens. This resolution supports the formation of the RMA. RESOLUTION NO. WHEREAS, the City of Round Rock (City) finds that enhanced mobility within the vicinity of the City, its Extra-Territorial Jurisdiction, and its environs is necessary for sustained economic growth and development, and WHEREAS, the City finds that the Texas Department of Transportation has adopted a new Chapter 26, Regional Mobility Authority, in compliance with Senate Bill 342, 77th Legislature, 2001, which added section 361.003 to the Transportation Code, authorizing the creation of regional mobility authorities (RMA) for the purpose of constructing, maintaining, and • operating a turnpike project in a region of a state, and WHEREAS, the City finds that although any turnpike project completed by an RMA will become a part of the state highway system, the RMA maximizes local control in the development and operation of transportation facilities within the region, and WHEREAS, the City finds that creation of a Central Texas RMA will directly benefit the City; other local governments; the state, particularly the entire Central Texas region; and the traveling public; and WHEREAS, the City finds that the support of the Capitol Area Metropolitan Planning Organization(CAMPO) is essential to the success of a Central Texas RMA, and WHEREAS, the City finds that a Central Texas RMA will use excess toll revenue to reduce tolls, or to construct other mobility projects within the area of the RMA, and WHEREAS, the City finds that the RMA will be comprehensive in the range of strategic mobility solutions it is authorized to investigate and employ within its jurisdiction, and WHEREAS, the City finds that Senate Bill 342, 77th Legislature, 2001, which added section 361.003 to the Transportation Code, requires certain enhancements, to include the ability of an RMA to condemn property, issue debt, and enter into exclusive development agreements, and WHEREAS, the City finds that an RMA will only issue revenue bonds that will not have any direct effect on tax-supported debt issued by the City, and other local governments, and WHEREAS, the City finds that no debt issued by the RMA will be overlapping debt with • any constituent government, and that the RMA will not have ad-valorem taxing authority, and WHEREAS, the City finds that the Governor of the State of Texas has announced that the state will be supporting the start-up of BMA's with a fund of$10 million,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. That the City adopts the foregoing findings as findings of fact. Section 2. That the City strongly supports the formation of a Central Texas RMA. Section 3. That the City urges CAMPO to enter a resolution of support for the Central Texas RMA into the public record. Section 4. That the City urges the legislature to enhance existing legislation to include the ability of an RMA to condemn property, issue debt, and enter into exclusive development agreements. 60, OCTOBER 10, 2002 Section 5. That the City views all these items as essential to the continued economic success, evidenced by strong growth and development, in the City and the entire Central Texas region. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 10th day of October, 2002. Section 3. That the City urges CAMPO to enter a resolution of support for the Central • Texas RMA into the public record. Section 4. That the City urges the legislature to enhance existing legislation to include the ability of an RMA to condemn property, issue debt, and enter into exclusive development agreements. Section 5. That the City views all these items as essential to the continued economic success, evidenced by strong growth and development, in the City and the entire Central Texas region. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 10th day of October, 2002. NYLE MAXWELL, 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 Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.B.2. Consider a resolution supporting the efforts of the City of Burnet in its endeavor to construct and maintain a Texas State Veterans' Home. Jim Nuse, Assistant City Manager made the staff presentation. The City of Burnet is in the process of applying to the Veterans' Land Board for a grant to build a Texas State Veterans' Home. Only two of these homes are scheduled for award statewide in this grant cycle. This resolution supports the efforts of the City of Burnet. RESOLUTION NO. WHEREAS, the City of Burnet ("Burnet"), Texas is donating land to the Veterans Land Board for construction of a Texas State Veterans' Home within the city limits of Burnet, and WHEREAS, Burnet and surrounding counties and local government veteran populations need local veterans programs and facilities, and WHEREAS, Burnet seeks support from other area cities and adjacent counties to advocate the use of the Texas State Veterans' Home in Burnet,Now Therefore 61 OCTOBER 10,2002 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City of Round Rock and made a part hereof for all purposes as findings of fact. Section 2. Proceedings: The City of Round Rock supports the efforts of Burnet in its endeavor to construct and maintain a Texas State Veterans' Home, and The City of Round Rock supports the efforts of Burnet or its representatives to respond to the Veterans' Land Board, Texas State Veterans' Home Request for Proposal. • The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 10th day of October,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: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan • Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.C.1. Consider a resolution authorizing a property tax refund to Continental Homes Austin L.P. for 2001 taxes in the amount of$682.63. David Kautz,'Chief Financial Officer made the staff presentation. State law requires that the governing body approve property tax refunds in excess of$500. This refund is the result of a value reduction approved by the appraisal district. 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, Continental Homes Austin L.P. has made an overpayment or erroneous payment of 2001 taxes in the amount of$682.63; 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$682.63. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 62 OCTOBER 10,2002 RESOLVED this 10th day of October, 2002. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas 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 Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.C.2. Consider a resolution approving the 2002-2003 Operating Budget for the Round Rock Transportation System Development Corporation. David Kautz, Chief Financial Officer made the staff presentation. This budget provides funding for debt service and administrative, financial, legal and engineering services to the Corporation. The budget is funded from a'/2% sales tax established for providing transportation improvements. The Corporation oversees those improvements with the further approval of the City Council. The Round Rock Transportation • System Development Corporation held a meeting prior to this Council meeting and approved the proposed Operating Budget for the Round Rock Transportation System Development Corporation for FY 2002-2003. RESOLUTION NO. WHEREAS,the Round Rock Transportation System Development Corporation has submitted a proposed operating budget for fiscal year 2002-2003, and WHEREAS,the City Council wishes to approve said proposal,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the operating budget submitted by and for the Round Rock Transportation System Development Corporation for fiscal year 2002-2003, 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 10th day of October, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 63 OCTOBER 10,2002 MOTION: Councilmember Knight moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe • Mayor Maxwell Noes: None Absent: Couricilmember Pitt ACTION: The motion carried unanimously. 13.C.3. Consider a resolution authorizing the Mayor to execute a contract with Round Rock Transportation System Development Corporation for administrative services. David Kautz, Chief Financial Officer made the staff presentation. Section 3.09 of the Round Rock Transportation System Development Corporation bylaws requires the Corporation to execute a contract with the City Council for administrative services provided by the general manager, finance manager, secretary, and other City services/functions. The Corporation is obligated to pay reasonable compensation to the City for such services. RESOLUTION NO. • WHEREAS, Vernon's Ann. Civ. St.,Article 5190.6, Section 2(4), authorizes the Round Rock Transportation System Development Corporation("Corporation") to pay administrative, legal and engineering services expenses which are necessary or incidental to placing a project into operation, and WHEREAS,the City of Round Rock and the Corporation desire to contract for administrative services as set out in the attached Administrative Services Contract, and WHEREAS,the City Council desires to enter into said contract with the Corporation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Administrative Services Contract for administrative services, 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 10th day of October, 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-temNielson Councilmember McGraw Councilmember Knight Councilmember Gallahan 64 OCTOBER 10,2002 Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.D.1. .Consider a resolution authorizing the Mayor to execute a Consulting Services Agreement with Hall Bargainer, Inc. for the Landscape Masterplan for the Municipal Office Complex site. This item • p e was withdrawn from the agenda at the request of staff. 13.D.2. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement between Owner and Architect with Page Southerland Page(PSP) for the Southwest Downtown Area Infrastructure Improvements to develop a masterplan of roadways and utility improvements. Larry Madsen, Construction Manager made the staff presentation. The planning, design and citizen participation process for the Municipal Office Complex identified the need for critical infrastructure improvements in the southwest downtown area. The contract is in the amount of$99,660 with an allowance for reimbursables of$7,500 for a total contract amount of $107,160. The total cost for this agreement will be $107,160, and the source of funds will be from Capital Project Funds (2002 Go Bonds). This project is critical in achieving the redevelopment objectives that were developed by the City, downtown businesses and residents, • and citizens at-large interested in helping Round Rock maintain a thriving downtown; RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the Southwest Downtown Area Infrastructure Improvements to develop a master plan of roadways and utility improvements, and WHEREAS, Page Southerland Page, L.L.P. 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 Agreement with Page Southerland Page, L.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 a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services with Page Southerland Page, L.L.P. for Southwest Downtown Area Infrastructure Improvements to develop a master plan of roadways and utility improvements, 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 10th day of October, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 6,5i OCTOBER 10,2002 MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe • Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.D.3. Consider a resolution authorizing the Mavor to execute a Standard Form of Agreement between Owner and Architect with Moman Architects for the schematic design of the relocation of the Parks and Recreation Department(PARD)yard site. Sharon Prete, Parks and Recreation Director made the staff presentation. The current location of the yard-site is the future location of the surface parking lot for the McConico building. The new yard-site will be located at 300 S. Burnet. The contract is for$18,000 with an allowance of$2,000.00 for reimbursables. The total contract is for$20,000.00. The total cost of this agreement will be$20,000, and the source of the funds will be from Capital Project Funds (General Self Financed). The relocation of • the yard-site will provide new needed facilities for the PARD personnel and enhance the overall coordination plan for the Municipal Office Complex. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the schematic design phase of the relocation of the PARD Yard-site, and WHEREAS, Moman 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 Agreement with Moman 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 Moman Architects for architectural services for the schematic design phase of the relocation of the PARD Yard-site, 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 10th day of October, 2002: NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 6- 61 OCTOBER 10,2002 MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell • Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.D.4. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement between Owner and Architect with Croslin&Associates, Inc. for the schematic design of Fire Station No. 2. Larry Madsen, Construction Manager made the staff presentation. Early in 2001,Requests for Qualifications were sent to local architectural firms and several firms were interviewed. Croslin&Associates were chosen to design Fire Station No. 2 located at Blair and Bagdad. The contract is for$21,966.64 with an allowance of$2,000.00 for reimbursables. The total contract is for$23,966.64. The contract will include a schematic design including a site analysis and topographic survey. The total cost for this agreement will be$23,966.64, and the source of funds will come from Capital Project Funds (2002 GO). The new fire station will • enhance the redevelopment of downtown Round Rock. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the schematic design for Fire Station No. 2, and WHEREAS, Croslin & Associates, Inc. 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 Agreement with Croslin & 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 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services with Croslin & Associates, Inc. for architectural services for the schematic design for Fire Station No. 2, 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 10th day of October, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 67 OCTOBER 10,2002 MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ma Ayes: or Pro-tem Nielson Y Y Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe • Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.D.5. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to Contract for Engineering Services with Baker-Aicklen&Associates, Inc. for the Chisholm Trail Road Project. Tom Clark,Utility Director made the staff presentation. With approval of this Supplemental Agreement No. 3, Baker-Aicklen will be performing additional surveying for the bank parking lot that will need to be reconstructed because of the improvements to Chisholm Trail Road. The total cost of this agreement will be$1,960, and the source of funds will be from Capital Project Funds (1998 GO Bonds). Ensuring that all the related driveways and parking lots along Chisholm Trail Road around FM 3406 are adequate • prior to the reconstruction of Chisholm Trail,will move the construction phase along more rapidly. 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. 3 to 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 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. 3 to Contract for Engineering Services with Baker-Aicklen & Associates, Inc. for a change in the scope of services. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted.and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 10th day of October, 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. ss OCTOBER 10,2002 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. rresolution h rizin h • 13.D.6. Consider a authorizing the Mayor to execute a Memorandum of Agreement with the United States Army, Corps of Engineers, and the Texas State Historic Preservation Officer to allow for modification to the Union Pacific Railroad Bridge. Tom Clark, Utility Director made the staff presentation. This agreement is needed after the Corp of Engineers determined that permitting the construction of A.W. Grimes Boulevard across Brushy Creek and beneath the 1905 International &Great Northern(now Union Pacific,UP)Railroad Bridge would be affected. The Union Pacific Railroad Bridge is a historic property eligible for inclusion in the National Register of Historic Places. The Corp of Engineers consulted with the Texas State Historic Preservation Officer(HSPO)pursuant to 36 CFR Part 800,regulations implementing Section 106 of the National Historic Preservation Act(16 U.S.C. 470F). The total cost of this agreement will be $1,350, and the source of funds will be from the Transportation System • Development Corporation. This will allow for the preservation of a historic bridge yet permit the much needed construction of the north-south arterial A.W. Grimes in a timely manner. RESOLUTION NO. WHEREAS, the City of Round Rock desires to protect and preserve historic properties that are part of a defined historic district or are designated by the City Council as a protected historic landmark, and WHEREAS, the Corps of Engineers (CE) administers the permit programs authorized by Section 404 of the Clean Water Act; and WHEREAS, the CE has determined that permitting the construction of A.W. Grimes Boulevard across Brushy Creek and beneath the 1905 International & Great Northern (now Union Pacific, UP) Railroad Bridge (Bridge), a historic property eligible for inclusion in the National Register of Historic Places, will have an effect upon the Bridge, and has consulted with the Texas State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 470f), 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 between The United States Army, Corps of Engineers, Fort Worth District, The Texas State Historic Preservation Officer for Documentation and Treatment of The Union Pacific Railroad Bridge over Brush Creek, Round Rock, Williamson County, Texas, 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 10th day of October, 2002. 69. OCTOBER 10,2002 NYLE MAXWELL,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 McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.13.7. Consider a resolution authorizing the Mayor to execute a contract with Commercial Consolidated, Inc. for the construction of the East Water Transmission Line (Phase I) Improvements. Tom Clark,Utility Director made the staff presentation. The 2001 (East Transmission Line)Preliminary Engineering Report,prepared by HDR Engineering modeled the City's water system demand scenarios at 31 MGD for Year 2005, 36.5 MGD for Year 2010 and • 46.8 MGD for Year 2017 to determine system improvements needed for each scenario. The purpose of the report is to provide the City with an improvements plan to enable it to meet future peak water demands. Based upon these resulting demand trends, system improvements were determined that include the installation of this proposed 48-inch pipeline. The scope of work under this contract will be the construction of the first of several-phased water system improvements identified'in HDR's report. This phase will construct approximately 8,000-feet of 48-inch ductile iron water line from the City's Water Treatment Plant and connect to an existing 36-inch water line located at the intersection of C.R.116 and Westinghouse Road. Thirteen(13) bids were received and Commercial Consolidated, Inc. was the low responsive bidder at $2,287,456.60. HDR reviewed the.bid proposal submitted by CCI, Inc. and verified references. • Staff concurred with HDR's recommendation and acceptance of the bid for$2,287,456.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the East Water Transmission Line (Phase I)Improvements, and WHEREAS, Commercial Consolidated, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Commercial Consolidated, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 70 OCTOBER 10, 2002 That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Commercial Consolidated, Inc. for the East Water Transmission Line (Phase I) Improvements. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of October, 2002. NYLE MAXWELL,Mayor 40 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 Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.D.8. Consider a resolution authorizing the Mayor to execute a Real Estate Contract • with Round Rock North Partnership for Lot 7,Block 7, Section V,Round Rock North Industrial Business Park and Lot 1, Block A, Commerce Cove Addition. Larry Madsen, Construction Manager made the staff presentation. In November 2001,voters approved the issuance of $700,000 worth of bonds for Public Works Expansion Building. One of the tracts we are acquiring has a 5,000 square foot building,which will serve as the Public Works Expansion Building that was requested in the G.O. Bond. The adjacent 2.47-acre tract will provide useful expansion land. The two tracts and building can be purchased for the G.O. Bond cost allotment. The purchase of these tracts will expedite the building project along with owning a2.47-acre tract of land adjacent to the building for future expansions. The total cost of this contract will be $700,000. • RESOLUTION NO. WHEREAS, the City desires to purchase two tracts of land situated on Lot 7, Block 7, Round Rock North Industrial Park, and Lot 1, Block A, Commerce Cove Addition, and WHEREAS,Round Rock North Partnership, 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 Round Rock North Partnership for the purchase of the above described property, a copy of said Contract being attached hereto as Exhibit"A". . 71 OCTOBER 10,2002 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 10th day of October, 2002. NYLE MAXWELL,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 Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.E.1. Consider a resolution authorizing the Mayor to execute an Administrative Services Contract with Great-West Insurance Company for the administration of the City's self- funded health plan. Teresa Bledsoe,Human Resources Director made the staff presentation. This agreement with Great-West provides for independent third-party administration of the City's self-funded health plan which includes the payment of medical, dental, and vision claims, administration of the Flexible Spending Accounts for medical and dependent care reimbursement,monthly and quarterly reports and the coordination of benefits within the plan document. The cost of this contract is a function of the number of employees and dependent units covered. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional services to provide independent third-party administration of the City's self-funded health plan, and WHEREAS, Great-West Life & Annuity Insurance. Company has submitted an Administrative Services Contract to provide said services, and • WHEREAS, the City Council desires to enter into said Administrative Services Contract with Great-West Life &Annuity Insurance Company,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Administrative Services Contract with Great-West Life & Annuity Insurance Company to provide independent third-party administration of the City's self-funded health plan, 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. 72 OCTOBER 10,2002 RESOLVED this 10th day of October, 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 Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. SUPPLEMENTAL AGENDA: DELETE THE FOLLOWING FROM THE AGENDA 13.E.2. Consider a resolution accepting the bid of AIG Life Insurance Company for an excess loss indemnity policy(stop loss reinsurance). REPLACEMENT ITEM • 13.E.2. Consider a resolution renewing the City's existing excess loss indemnily policy (stop loss reinsurance). Teresa Bledsoe,Human Resources made the staff presentation. The City's self-insured medical plan has three principal components: a health care provider, claims administration, and stop loss reinsurance. The City has selected AIG Life Insurance Company for the stop loss reinsurance. The cost of this insurance is a function of the number of employees and dependent units covered. The stop loss reinsurance provides coverage for the City's health benefit plan claim payments,which exceed limits the City has chosen to self-insure. This coverage protects.the City's self-funded plan from catastrophic financial losses. RESOLUTION NO. WHEREAS, the City of Round Rock is currently purchasing stop loss reinsurance from Excess, Inc., acting as the Managing General Underwriter, with ACE American Insurance Company providing the underwriting; and WHEREAS, the City wishes to renew its agreement with Excess, Inc. to continue to . provide stop loss reinsurance for the period of December 1, 2002 to November 30, 2003; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute the necessary documents to renew the City's stop loss reinsurance with Excess, Inc., acting as the Managing General Underwriter,with AIG Life Insurance Company providing the underwriting. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such'meeting was open to the public as required by law at all times during which this Resolution and the 73 OCTOBER 10,2002 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 10th day of October, 2002. NYLE MAXWELL Mayor City of Round Rock Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Knight moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. MAYOR AND COUNCIL COMMENTS: None ADJOURNMENT: There being no further business,the meeting adjourned at 10:36 p.m. • R pectfully Submitted, Christin4RaUrtintity Secretary 74 OCTOBER 24,2002 The Round Rock City Council met in Regular Session on Thursday, October 24, 2002 in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER—7:00 P.M. PLEDGE OF ALLEGIANCE: Boy Scout Troop 27 introduced themselves and lead the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, 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. Mayor Pro-tem Tom Nielson was absent due to illness. CITIZENS COMMUNICATIONS: J.R. Ontiveros, 1829 North Mays Street, a local business owner spoke on the proposed smoking regulations ordinance. Gisele Schaefer, 2003 Woods Cove, spoke on the Alliance for the mentally Ill of Williamson County Advocacy Training Workshop scheduled for November 4th at the Bluebonnet Trails MHMR Center. Missy Watson, 1706 White Oak Loop, thanked the City Council for their support in the • citywide food drive scheduled for November 16,2002 to benefit the Round Rock Area Serving Center. Dwayne Kostiha, 2905 Lost Indigo Trail, representative of Taco Bell and Pizza Hut spoke on the proposed smoking regulations ordinance. Kenneth Snyder, 4406 North Ridge, spoke on the water situation in North Ridge Acres, which is located outside the city limits of Round Rock. PROCLAMATIONS: 5.A. Consider a proclamation proclaiming November 16, 2002 as Round Rock Serving Center Day. This item was withdrawn from the agenda and will addressed at the November 14th meeting. • 5.B. Consider a proclamation recognizing all veterans on November 11, 2002 at Chisholm Trail Middle School in observance of Veterans' Day. Mayor Maxwell read the appropriate proclamation and presented to students from Chisholm Trail Middle School. Whereas, on November 11, 1918, in accordance with the terms of the cease-fire agreement, hostilities between the Allies — United States, Great Britain, and France — and an adversarial Germany, officially ceased fire on the eleventh hour of that day; and T5 OCTOBER 24,2002 Whereas, this international war, which claimed the lives of over eight and a half million soldiers, including 126,000 Americans, called upon the population of the United States to make extraordinary contributions to support the efforts of its men and women; and Whereas, since that historic day the United States has continued to flourish as a free nation, ever mindful of the blessings brought about by liberty and peace, which must be remembered and preserve by future generations; and Whereas, the students and staff of Chisholm Trail Middle School wish to honor the veterans who fought with full measure of their valor and loyalty to protect our country and eternally grateful for the contributions to the cause of world peace, • Now Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby encourage everyone to join the staff and students of Chisholm Trail Middle School on November 11, 2002 at Chisholm Trail Middle School to pay special tribute and honor all veterans. Proclaimed this 24th day of October 2002. 5.C. Consider a proclamation recognizing White Cane Safet�Day. Mayor Maxwell read the appropriate proclamation. Since Gene Hill could not attend the meeting, the proclamation will be forwarded to her. WHEREAS, in 1963 the National Federation of the Blind called upon the governors of the fifty states to recognize White Cane Safety Day each year; and WHEREAS, on October 6, 1964, a joint resolution of the Congress authorized the President of the United States to proclaim October 15 of each year as "White Cane Safety Day"; and WHEREAS, the white cane has become one of the symbols of a blind person's ability to travel independently to their schools and work places and to participate fully in the life of their communities; and WHEREAS,the white cane symbolizes the growing spirit of independence and increased • determination of a blind or visually impaired individual to be self-reliant; and WHEREAS,the white cane has promoted courtesy and special consideration to the blind or the visually impaired traveler on our streets and highways, NOW THEREFORE, I,Nyle Maxwell,Mayor of the City of Round Rock, Texas do hereby commend all blind people for their growing spirit of independence and their increased determination to be self-reliant and dignified in their communities. PROCLAIMED this 24th day of October 2002. PRESENTATIONS: 6.A.1. Consider a presentation concerning the status of the smoking regulations in public places ordinance. Will Hampton, Communications Director made the staff presentation. At the October 10, 2002 Council Meeting, the Council asked staff to develop two ordinances regarding smoking in public places for the Council to consider at the November 14, 2002 Council Meeting. Mr. Hampton outlined the framework of the two ordinances and the process that staff will engage in communicating the information to the public. • Proposal No. 1 • No smoking in Public Places • Public Places is defined as: Any enclosed area in which the public is invited or in which the public is permitted, not including offices or work areas not entered by the public in the normal course of business or use of the premises. A residence is not a public place. Exceptions: • Hours not open to the public. • Outdoors. • Smoking as part of a theatrical production. . 7fi .00TOBER 24,2002 • Retail tobacco stores. • Beer and Wine Permit holders that are not defined as restaurants. Proposal No. 2 • Smoking in Designated Areas Only(including Designated Employee Smoking Areas). • Public Places is defined as: Any enclosed area in which the public is invited or in which the public is permitted,not including offices or work areas not entered by the public in the normal course of business or use of the premises. • Restaurants,bars,bingo halls and bowling centers could create designated • smoking areas. • Hotels,health care facilities could designate smoking rooms. Common areas must be non-smoking. • The ordinance would prohibit the creation of designated smoking areas in art galleries, libraries,museums, classrooms,municipal buildings,retail stores, taxicabs,theaters, shopping centers and malls and sports arenas. • Designated smoking areas would be required to contain smoke and minimize exposure to smoke within the area by a combination of physical barriers, ventilation and/or filtration. • The system must be designed by a professional engineer. • City Building Official must approve the system;will have the ability to test the system. • Signage is required. Exceptions • Hours not open to the public • Outdoors • Theatrical productions • Retail tobacco stores • Beer and Wine Permit holders that are not defined as restaurants. • Input Solicited • Bars • Beer joints • Bowling alleys • Pool halls • Restaurant groups • All prefer designated smoking area option Next Steps • Letter sent out, outlining both proposed ordinances to restaurants,bars,beer joints,pool halls,bowling centers, and all who have participated in the public meetings to date. • Continue to meet individually with business owners to discuss propped ordinances. 6.B.1. Consider a presentation regarding the Round Rock Zoning Ordinance which was recently awarded the 2002 current Planning Award by the Texas Chapter of the American Planning Association. Joe Vining,Planning Director made the staff presentation. The Texas • Chapter of the American Planning Association chose the City of Round Rock's newly adopted Zoning Ordinance as a recipient of the Chapter's 2002 Current Planning Award. The awards program allows Texas American Planning Association to promote the work of planners in the State by recognizing exemplary work. The Chapter received thirty-seven submittals for this year's awards program. Three Texas communities received current planning awards. 77 OCTOBER 24, 2002 The new Zoning Ordinance reflects the community's desire to increase housing options for its citizens, encourage better quality development, and improve overall community appearance. 6.B.2. Consider a presentation regarding proposed_amendments to the sign ordinance. Joe Vining,Planning Director made the staff presentation. Mr. Vining provided an update on the • status of the proposed amendments to the sign ordinance. In addition he reported that 80° of the. p p gri , p /o illegal signs in the right-of-way have been cleared and about 50-60%of the illegal signs on private property have been cleared. Mr. Vining outlined an interim proposal that can be utilized by the developers until the development of the kiosk has been completed. The interim advertising proposal will only be allowed on premise and within the subdivision by the builders. This is only for the development and sale of new homes in a particular subdivision. As for the bandit signs, Mr. Vining recommended that an RFP (Request for Proposal)method be utilized to make sure the best possible service is provided. 6.C.1. Consider a presentation on the status of activities of the Round Rock Transportation System Development Corporation. Tom Word,Director of Transportation • Services made the staff presentation. He gave an update on the activities of the Transportation System Development Corporation projects. The projects that have been completed are Greenlawn, IH-35 turnarounds (Louis Henna Boulevard and Hesters Crossing), SH-45 frontage roads, and US 79. The City has spent a total of$31 million on these projects,which are worth a total of$70.6 million,with the help of partners. He also outlined the following projects which are currently under contract are A.W. Grimes Boulevard from Louis Henna Boulevard to Lake Creek,Dell Way, Traffic Signals, and Louis Henna Boulevard. PUBLIC HEARINGS: SUPPLEMENTAL AGENDA DELETE THE FOLLOWING ITEM: 7.A.1. Consider public testimony regarding the application filed by John H. May, et al to adopt original zoning of District SR(Senior Residential) on 6.01 acres of land,more or less, out of the Abel L. Eaves Survey, A-215 in Williamson County, Texas. (Reunion Village) SUBSTITUTE THE FOLLOWING ITEM: 7.A.1. Consider public testimony regarding the application filed by John H. May, et al to adopt original zoning of District SR(Senior) on 6.01 acres of land, more or less, out of the Abel L. Eaves Survey, A-215 in Williamson County, Texas. (Reunion Village) Joe Vining, Planning J 78 OCTOBER 24,2002 Director made the staff presentation. This tract of land is situated south of Chandler Road and east of the Laurel Ridge Subdivision. The applicant has requested District SR(Senior) for the purpose of developing a senior residential complex. This proposal complies with the revised Zoning Ordinance and accords with the General Plan. On September 30, 2002 the Planning and Zoning Commission recommended approval of the requested original zoning of District SR Mr. Vining ave a brief outline of the purpose and permitted uses of the District SR • (Senior). g g pmP zoning. Mayor Maxwell opened the public hearing. Tommy Thompson, 1321 Solitaire, of the Laurel Ridge Subdivision spoke in favor of the proposed zoning. There being no further testimony,the public hearing was closed. 7.A.2. Consider public testimony regarding the application filed by May Family, L.P. and John H. May, et al to rezone 1.91 acres of land,more or less, out of the Abel L. Eaves Survey,A-215 in Williamson County, Texas, from District SF-2 (Single Family-Standard Lot) to District OF (Office). (Reunion Village) Joe Vining,Planning Director made the staff presentation. This tract of land was annexed and originally zoned single family residential April • 18, 1985. The applicant requested the rezoning of this 1.1.9 acres tract of land to District OF (Office) for office development. According to the General Plan, local commercial/office may be situated in residential areas if it is generally located at the intersection of a collector street and an arterial roadway. The proposed land use complies with the adopted General Plan. On September 30, 2002 the Planning and Zoning Commission recommended approval of the requested zoning change to District OF (Office). Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 7.A.3. Consider public testimony regarding the application filed by May Family L.P. and John H. May, et al to rezone 8.20 acres of land,more or less, out of the Abel L. Eaves Survey, A- 215 in Williamson County, Texas, from District SF-2 (Single Family-Standard Lot)to District C- 2 (Local -2 (Local Commercial). (Reunion Village) Joe Vining,Planning Director made the staff presentation. This tract of land was annexed in April 1985 and originally zoned SF-2 (Single Family-Standard Lot). The applicant requested the rezoning of this 8.20-acre tract of land to District C-2 (Local Commercial) for commercial development. According to the General Plan, local commercial development may be situated in a residential area if it is generally located at the 79 . OCTOBER 24,2002 intersection of a collector street and an arterial roadway. Because this tract is greater than 2 acres, this site must be developed in accordance with the Village Center development standards outlined in Section 11.410 (3) (h) of the newly adopted Zoning Ordinance. The proposed land use complies with the adopted General Plan. On September 30, 2002 the Planning and Zoning Commission recommended approval of the requested zoning change to district C-2 (Local • Commercial . Mayor Maxwell opened the public hearing. Ruth Koughan, 211 Round Rock Avenue, spoke in favor of the proposed zoning. There being no fluther testimony, the public hearing was closed. 7.A.4. Consider public testimony regardingthe he application filed by Tom E.Nelson, Jr., Trustee, and Nelson Investments to rezone 4.23 acres of land,more or less, out of the Wiley Harris Survey,A-298 in Williamson County, Texas, from District SF-2 (Single Family-Standard Lot) to District C-1 (General Commercial). (Richard Baker Subdivision at Onion Branch) Joe L Vining, Planning Director made the staff presentation. This tract of land was originally zoned residential with the adoption of the City's first Zoning Ordinance in 1969. The applicant • requested the rezoning of this 4.23 acres tract of land to District C-1 (General Commercial). As stated in the zoning ordinance, the C-1 district supports medium intensity land uses primarily devoted to general commercial activities. This tract is bounded by commercial zoning to the north, south, and west, and is identified as commercial tract in the General Plan. 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 and no items were removed from the consent agenda. *9.A. Consider approval of the City Council meeting minutes for the Regular Session of October 10, 2002. *10.C.1. Consider an ordinance approving and adopting a budget for the Law Enforcement Fund for Fiscal Year 2002-2003. (Second Reading) *10.C.2. Consider an ordinance approving and adopting a budget for the Municipal Court Fund for Fiscal Year 2002-2003. (Second Reading) 8Q OCTOBER 24, 2002 *10.C.3. Consider an ordinance approving and adopting a budget for the Ron Sproull Memorial Fund for Fiscal Year 2002-2003. (Second Reading) *10.C.4. Consider an ordinance authorizing the Mavor to amend the existing electric franchise agreement with Oncor Electric Delivery Company. (Second Reading) *10.C.5. Consider an ordinance authorizing the Mavor to amend the existing gas franchise agreement with TXU Gas Company. Second Readin • Reading) *11.C.1. Consider a resolution authorizing the closing of a portion of Harrell Parkway from 6:00 o'clock a.m. until 4:00 o'clock p.m. on November 9, 2002 for a State Cross-Country Track Meet. *11.C.2. Consider a resolution authorizing the closing of the cul-de-sac of Misty Woods from 4:30 o'clock p.m. until 7:30 o'clock p.m. on October 26, 2002 for the Annual Oak Bluff Homeowners Association Halloween Carnival. *11.C.3. Consider a resolution authorizing the Mayor to execute an Agreement for Provision of Electronic Tracking Systems with Electronic Tracking Systems, L.L.C. *1 LE.2. Consider a resolution authorizing the Mayor to execute Change Order No. 13 with RGM Constructors, L.P. for the A.W. Grimes,Phase I Construction Proiect. *1 LE.3. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with Chasco Contracting for the Downtown Sidewalk Improvements Proiect. *11.F. 1. Consider a resolution expressing official intent to reimburse cost of acquiring certain vehicles and equipment. *11.F.2. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Any Baby Can for$10,000. *11.F.3. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Big Brothers Big Sisters for$5,000. *11.F.4. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Bluebonnet Trails CMHMRC for$8,000. *11.F.5. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Family Outreach of Williamson County for$2,500. *11.F.6. Consider a resolution authorizing the Mayor to execute a Funding Agreement with LifeWorks for$9,500. *11.F.7. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Literacy Council of Williamson County for$7,000. 81 OCTOBER 24, 2002 *11.F.8. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Meals on Wheels for$500. *11.F.9. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Round Rock Area Serving Center for$23,000. *l l.F.10. Consider a resolution authorizing the Mayor to execute a Funding Agreement • with Round Rock Caregivers for$14,500. *11.F.11. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Round Rock Health Clinic for $10,000. *11.F.12. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Round Rock Volunteer Center for$37,500. *11.F.13. Consider a resolution authorizing the Mayor to execute a Funding Agreement with The American Red Cross of the Capital Area for$8,000. *11.F.14. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Williamson-Burnet County Opportunities for$16,600. *11.F.15. Consider a resolution authorizing the Mayor to execute a Funding Agreement • with the Williamson County Crisis Center for$23,150. *1 LF.16. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the YMCA of Greater Williamson County for$21,750. *1 LF.17. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Combined Community Action for$3,000. MOTION: Councilmember Coe moved to approve all the items listed in the consent agenda. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None • Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *9.A. Consider approval of the City Council meeting minutes for the Regular Session October 10, 2002. This item was approved under the consent agenda. ORDINANCES: 8 OCTOBER 24,2002 10.A.1. Consider an ordinance amending Chapter 4, Section 4.309 of the Code of Ordinances to increase the fees charges for wrecker services operating in the City. (First Reading) Captain Tim Ryle made the staff presentation. Section 4.309 of the City Code of Ordinances provides a schedule of maximum fees that vehicle wrecker services,which are permitted to operate within the city limits,may charge. These maximum fees also apply when a request is made through the police communications • q gh p cations center to have a vehicle towed from the scene of a collision. The proposed change would bring vehicle tow fees in line with those charged in the local market for these services. The Police Department reviewed the fees for three neighboring municipalities, Williamson County and Travis County prior to making this proposal. This amendment will allow vehicle wrecker services to increase the maximum fee they charge for these services within the City. The proposed fees are as follows: Service Current Fee New Fee Collision haul $65.00 $95.00 Impound haul $65,00 $95.00 Fee for use of flatbed wrecker -- $130.00 Extra-large wreckers -- $393.00 Dollies $25.00 $35.00 Winching Charge Per Hour) $35.00 $35.00 Standby Hourly Charge After First 30 Minutes) $35.00 $35.00 Additional Labor (Charge Per Hour) $15.00 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4; SECTION, 4.309, CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, TEXAS TO CHANGE THE MAXIMUM FEES CHARGED BY WRECKER PERMIT HOLDERS FOR HAULS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None • Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 10.B.1. Consider an ordinance adopting the 2002-2003 Community Development Block Grant Budget. (First Reading) Mona Ryan, Community Development Coordinator made the staff presentation. The 2002-2003 Community Development Annual Action Plan was adopted by Resolution R-02-07-25-14D1 and approved by the Department of Housing and Urban Development on October 1,2002. The total amount of the budget is $434,000 with funds from 83 OCTOBER 24, 2002 the Community Development Block Grant. Adoption of this annual budget allows the implementation of Community Development Block Grant planned activities for the next fiscal year. Programs s identified in the Annual Action Plan will directly benefit the low to moderate- income �' Y income citizens of Round Rock. All of the required public hearings were held during the development process of this new plan. • ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2002-2003 FISCAL YEAR. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Gallahan seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 10.13.2. Consider an ordinance annexing 6.01 acres of land, more or less, out of the Abel L. Eaves Survy, A-215 in Williamson CoLm Texas. ( eunion Village) (First Reading) Joe Vining,Planning Director made the staff presentation. The purpose of this annexation is to establish city services for this development. The tract will be a senior residential development. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 601 ACRES OF LAND, MORE OR LESS, OUT OF THE ABEL L. EAVES SURVEY, ABSTRACT NO. 215, 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 AN 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 Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson 84 OCTOBER 24, 2002 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 Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. SUPPLEMENTAL AGENDA: DELETE THE FOLLOWING ITEM: 103.3. Consider an ordinance adopting original zoning of District SR(Senior Residential) on 6.01 acres of land,more or less, out of the Abel L. Eaves Survey, A-215 in Williamson County, Texas. (Reunion Village) (First Reading) SUBSTITUTE THE FOLLOWING ITEM: 10.B.3. Consider an ordinance adopting original zoning of District SR(Senior) on 6.01 • acres of land, more or less, out of the Abel L. Eaves Survey,A-215 in Williamson County, Texas. (Reunion Village) (First Reading) Joe Vining, Planning Director made the staff presentation. This tract of land is located south of Chandler Road and east of the Laurel Ridge Subdivision. The applicant requested District SR(Senior) zoning for this tract for the purpose of developing a senior residential complex. This proposal complies with the revised Zoning Ordinance and accords with the General Plan. On September 30, 2002 the Planning and Zoning Commission recommended approval of the requested original zoning of District SR(Senior) for this tract. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 6.01 ACRES OF LAND, MORE OR LESS, OUT OF THE ABEL L. EAVES SURVEY, ABSTRACT NO. 215, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SR(SENIOR). MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt 85 OCTOBER 24,2002 Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell 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. Counc lmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 10.B.4. Consider an ordinance rezoning 1.91 acres of land,more or less, out of the Abel L. Eaves Survey, A-215 in Williamson County, Texas, from District SF-2 (Single Family- Standard Lot)to District OF (Office). (Reunion Village) (First Reading) Joe Vining, Planning • Director made the staff presentation. This tract of land was annexed and originally zoned single family residential on April 18, 1985. The applicant requested the rezoning of 1.19 acres of land to District OF (Office), for office development. According to the General Plan, local commercial/office may be situated in residential areas if it is generally located at the intersection of a collector street and an arterial roadway. The proposed land use complies with the adopted General Plan. On September 30, 2002 the Planning and Zoning Commission recommended approval of the zoning change to District OF(Office). ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: i TO REZONE 1.91 ACRES OF LAND, MORE OR LESS, OUT OF THE ABEL L. EAVES SURVEY, ABSTRACT NO. 215, • IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) TO DISTRICT OF (OFFICE). MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe 86 OCTOBER 24,2002 Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. MOTION: Councilmember Knight moved to dispense with the second reading� p g of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 10.B.5. Consider an ordinance rezoning 8.20 acres of land, more or less, out of the Abel L. Eaves Survey, A-215 in Williamson County, Texas, from District SF-2 (Single Family- Standard Lot)to District C-2 (Local Commercial). (Reunion Village) (First Reading) Joe Vining,Planning Director made the staff presentation. This tract of land was annexed in April 1985 and originally zoned SF-2 (Single Family-Standard Lot). The applicant requested the • rezoning of this 8.20 acres tract of land to District C-2 (Local Commercial), for commercial development. According to the General Plan, local commercial development may be situated in a residential area if it is generally located at the intersection of a collector street and an arterial roadway. Because this tract is greater than 2 acres,this site must be developed in accordance with the Village Center development standards outlined in Section 11.410 (3) (h) of the newly adopted Zoning Ordinance. The proposed land use complies with the adopted General Plan. On September 30, 2002 the Planning and Zoning Commission recommended approval of the requested zoning change to District C-2 (Local Commercial). ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 8.20 ACRES OF LAND, MORE OR LESS, OUT OF THE ABEL L. EAVES SURVEY, ABSTRACT NO. 215, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) TO DISTRICT C-2 (LOCAL COMMERCIAL). MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt 8- 7 OCTOBER 24,2002 Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell 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 McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 10.B.6. Consider an ordinance rezoning 4.23 acres of land,more or less, out of the Wiley Harris Survey,A-298 in Williamson County, Texas, from District SF-2 (Single Family- Standard Lot) to District C-1 (General Commercial). (Richard Baker Subdivision at Onion • Branch) (First Reading) Joe Vining,Planning Director made the staff presentation. This tract of land was originally zoned SF-2 (Single Family-Standard Lot) in 1969. The applicant requested the rezoning of 4.23 acres of land to District C-1 (General Commercial). As stated in the zoning ordinance, the C-1 district supports medium intensity land uses primarily devoted to general commercial activities. This tract is bounded by commercial zoning to the north, south, and west, and is identified as commercial tract in the General Plan. The proposed land use complies with the adopted General Plan. On September 30, 2002 the Planning and Zoning Commission recommended approval of the requested zoning change to District C-1 (General Commercial). ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 4.23 ACRES OF LAND, MORE OR LESS, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) TO DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt 88 OCTOBER 24,2002 Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson 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 • McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. *10.C.1. Consider anordinance approving and adopting a budget for the Law Enforcement Fund for Fiscal Year 2002-2003. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. . AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2002-2003 FISCAL YEAR. *10.C.2. Consider an ordinance approving and adopting a budget for the Municipal Court Fund for Fiscal Year 2002-2003. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND FOR THE 2002-2003 FISCAL YEAR. *10.C.3. Consider an ordinance approving and adopting a budget for the Ron Sproull Memorial Fund for Fiscal Year 2002-2003. (Second Reading)This item was approved under the consent agenda. ORDINANCENO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE RON SPROULL MEMORIAL FUND FOR THE 2002-2003 FISCAL YEAR. *10.C.4. Consider an ordinance authorizing the Mayor to amend the existing electric franchise agreement with Oncor Electric Delivery Company. (Second Reading)This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A 89 OCTOBER 24,2002 DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DLEIVERY COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. *10.C.5. Consider an ordinance authorizing the Mayor to amend the existing gas franchise agreement with TXU Gas Company. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE CITY'S RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. RESOLUTIONS: 1 LA.1. Consider a resolution to contribute funds to the Envision Central Texas project. Bob Bennett, City Manager introduced Neal Kocurek and Beverly Silas who made a presentation to the Council regarding Envision Central Texas. Envision Central Texas is a non-profit organization that is guiding the public development of a regional plan to address the growth of • Bastrop, Caldwell,Hays, Travis and Williamson counties. When the process is completed, and the public has selected a preferred growth strategy,Envision Central Texas will assist regional planners and policy-makers with voluntary implementation guidelines for working toward this common vision. The City of Round Rock's contribution for participation in the Envision Central Texas project is $25,000. RESOLUTION NO. WHEREAS, Envision Central Texas is a non-profit organization that is guiding the public development of a regional plan to address the growth of Bastrop, Caldwell, Hays, Travis and Williamson counties, and WHEREAS, the City of Round Rock wishes to join other Central Texas governmental entities in participating in Envision Central Texas, and WHEREAS, the amount required to participate is $25,000, WHEREAS, the City Council wishes to contribute $25,000 to participate in Envision Central Texas,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY,OF ROUND ROCK, TEXAS, • That the City Council hereby authorizes the contribution of $25,000 to participate in Envision Central Texas. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of October, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: 90 OCTOBER 24, 2002 CHRISTINE R.MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. I l.B.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Glenn Johnston for right-of-way for the CR 122 proiect. Steve Sheets, City Attorney made the staff presentation. This contract with Glenn Johnston is for the acquisition of right-of-way for the CR 122 project. The appraised value of the tract is $10,000. The cost to the City would be$12,000. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.248 acre tract of land for additional right-of- way for the CR 122 Project, and WHEREAS, Glenn Johnston, 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 Glenn Johnston, 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 24th day of October, 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: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 9 �l OCTOBER 24,2002 *11.C.1. Consider a resolution authorizing the closing of a portion of Harrell Parkway from 6:00 o'clock a.m. until 4:00 o'clock p.m. on November 9, 2002 for a State Cross-Country Track Meet. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Parks and Recreation Department has requested that Harrell Parkway from the low water crossing, approximately 2,000 feet north of its intersection with Highway 79 to just west of its intersection with Aten Loop be closed from 6:00 o'clock a.m. until 4:00 o'clock p.m. on November 9, 2002 for a State Cross Country Track Meet, and WHEREAS, the Council wishes to grant such request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Harrell Parkway from the low water crossing, approximately 2,000 feet north of its intersection with Highway 79 to just west of its intersection with Aten Loop be closed from 6:00 o'clock a.m. until 4:00 o'clock p.m. on November 9, 2002 for a State Cross Country Track Meet. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 24th day of October, 2002. *11.C.2. Consider a resolution authorizing the closing of the cul-de-sac of Misty Woods from 4:30 o'clock p.m. until 7:30 o'clock p.m. on October 26, 2002 for the Annual Oak Bluff Homeowners Association Halloween Carnival. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Oak Bluff Homeowners Association has requested that the cul-de-sac of Misty Woods from its intersection with Twin Ridge Parkway be closed from 4:30-o'clock p.m. until 7:30 o'clock p.m. on October 26,2002 for the Annual Oak Bluff Homeowners Association Halloween Carnival, and WHEREAS, the Council wishes to grant such request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the cul-de-sac of Misty Woods from its intersection with Twin Ridge Parkway be closed from 4:30 o'clock p.m. until 7:30 o'clock p.m. on October 26, 2002 for the Annual Oak Bluff Homeowners Association Halloween Carnival. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of October, 2002. *I l.C.3. Consider a resolution authorizing the Mayor to execute an Agreement for Provision of Electronic Tracking Systems with Electronic Tracking Systems, L.L.C. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City has a need for technical services for goods and services, training, operation, and maintenance of a tracking system to aid in the City's provision of police services, and WHEREAS, Electronic Tracking Systems, L.L.C. has submitted an agreement to provide said services, and 92 OCTOBER 24,2002 WHEREAS, the City Council desires to enter into said agreement with Electronic Tracking Systems, L.L.C.,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 Provision of Electronic Tracking Systems with Electronic Tracking Systems, L.L.C. for goods and services, training, operation and maintenance of a tracking system to aid in the City's provision of police 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 i was open to the public as required by law at all times during which this Resolution and the subject 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 24th day of October, 2002. 1 LD.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County to identify the government responsible for regulating plats and permits in various portions of Round Rock's extraterritorial jurisdiciotn(ETJ). Joe Vining,Planning Director made the staff presentation. House Bill 1445 (Interlocal Cooperation Act)requires the City and County to enter into a written agreement that identifies the governmental entity authorized to regulate subdivision plats in the ETJ. The proposed agreement would assign platting authority within the City of Round Rock ETJ to the City except for the following locations: (1)Lands within the Brushy Creek Municipal Utility District. (2) Lands within the Fern Bluff Municipal Utility District. (3) Lands within the Terravista Municipal Utility District. (4) 93.696 acres out of the Robert McNutt Survey,A-422 described in the metes and bounds description. (5) 15.00 acres out of the J.N. Randall Survey, A-53 described in the metes and bounds description. The platting authority in these locations would be assigned to Williamson County. In addition specific plat notes were identified which the City agreed to require on plats that will not be immediately annexed to address the County's issues. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Williamson County to identify the government responsible for regulating plats and permits in various portions of Round Rock's ETJ,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 Agreement, 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 24th day of October,2002. NYLE MAXWELL, Mayor _ : . 93 OCTOBER 24,2002 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 Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. I LE.1. Consider a resolution authorizing the Mavor to execute a Consulting Services Agreement with Hall Bargainer, Inc. for the overall Landscape Masterplan and Design Guidelines for the Municipal Office Complex site. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. As of September 12, 2002, the City Council approved a contract with Hall Bargainer, Inc. for the final design of Landscape and Irrigation of the McConico building. In order to develop a consistent landscaping plan Hall Bargainer was chosen for the design of the entire Municipal Office Complex site. The contract is in the amount of$13,500 with an additional allowance for reimbursables of$2,500. The total contract amount is for$16,000. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain consulting services for the overall Landscape Masterplan and Design Guidelines for the Municipal Office Complex site, and WHEREAS, Hall Bargainer, Inc. has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Hall Bargainer, 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 Consulting Services with Hall Bargainer, Inc. for the overall Landscape Masterplan and Design Guidelines for the Municipal Office Complex site, 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 24th day of October, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 94 OCTOBER 24, 2002 MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan a Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. *11.E.2. Consider a resolution authorizing the Mayor to execute Change Order No. 13 with RGM Constructors, L.P. for the A.W. Grimes, Phase I Construction Proiect. 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. 13,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. 13 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 24th day of October, 2002. *11.E.3. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with Chasco Contracting for the Downtown Sidewalk Improvements Proiect. This item was approved under the consent agenda. 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. 2,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 2 to the Contract with Chasco Contracting, Inc. for 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. 9 -5 OCTOBER 24,2002 RESOLVED this 24th day of October, 2002. I LEA. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with S.D. Kallman,L.P. for design improvements and platting for Ray Berglund Area Development Project. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. On May 25, 2000,the Council approved the engineering services for the preliminary platting and preliminary cost estimate phase of this project with S. D. Kallman. The cost for this project would be$192,313.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Ray Berglund Area Development Project, and WHEREAS, S.D. Kallman, L.P., Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with S.D. Kallman, L.P., 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 Engineering Services with S.D. Kallman, L.P., Inc., for the Ray Berglund Area Development 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 24th day of October, 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: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes:_ None • Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. *11.F.1. Consider a resolution expressing official intent to reimburse cost of acquiring certain vehicles and equipment. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas (the "Issuer") is a home-rule City of the State of Texas, and 96 OCTOBER 24,2002 WHEREAS, the Issuer expects to pay expenditures in connection with acquiring certain vehicles and equipment (the "Property") prior to the issuance of obligations to finance the Property, and . WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Property,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. That the Issuer reasonably expects to incur debt, as one or more separate series of various types of obligations, with an aggregate maximumrinci al amount equal ual to $600,000 for the P p purpose of paying the costs of the Property. II. That all costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this Resolution after a date which is later than 18 months after the later of(1) the date the expenditures are paid or (2) the date on which the property,with respect to which such expenditures were made, is placed in service. III. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. IV. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of October,2002. *11.17.2. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Any Baby Can for$10,000. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Any Baby Can, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide families with medical care, food, shelter, utilities, and transportation, and to offer temporary relief to families caring for a special needs child, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, 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 24th day of October, 2002. *1 LF.3. Consider a resolution authorizing the Mavor to execute a Funding Agreement with Big Brothers Big Sisters for$5,000. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed community services, and OCTOBER 24, 2002 WHEREAS, the City of Round Rock has received a request for funds from Big Brothers Big Sisters, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide caring, one-to-one mentoring relationships with boys and girls in difficult situations to help them achieve their potential, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to .execute on behalf of the City a • Funding Agreement with the Agency, 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 24th day of October, 2002. *1 LFA. Consider a resolution authorizingthe Mavor to execute a Funding Agreement with Bluebonnet Trails C1V HMRC for$8,000. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Bluebonnet Trails CMHMRC, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide public mental health services to adults with serious and persistent mental illness and/or serious emotional disturbances, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to,execute on behalf of the City a Funding Agreement with the Agency, 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 24th day of October, 2002. *1 LF.5. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Family Outreach of Williamson County for$2,500. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Family Outreach of Williamson County, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to further the Agency's efforts to strengthen families and children to provide a safer world, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore 9 8' OCTOBER 24,2002 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 Funding Agreement with the Agency, 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 24th day of October, 2002. • *11.F.6. Consider a resolution authorizing the Mayor to execute a Funding Agreement with LifeWorks for$9,500. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed community services, and WHEREAS, the City of Round Rock has received a request for funds from LifeWorks, a non-profit corporation("Agency"), and ' WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose,namely to provide counseling, education, and support to youth, individuals, and families, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, 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 24th day of October, 2002. *11.F.7. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Literacy Council of Williamson County for$7,000. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed-community services, and WHEREAS, the City of Round Rock has received a request for funds from Literacy Council of Williamson County, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide the resources and the programs necessary for individuals to • achieve literacy, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, 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. 9 .9 OCTOBER 24,2002 RESOLVED this 24th day of October, 2002. *11.F.8. Consider a resolution authorizing the Mavor to execute a Funding Agreement with Meals on Wheels for$500. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service • agencies to identify and Help fund valuable,needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Meals on Wheels, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose,namely to provide nourishment through meals for homebound residents, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, 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 24th day of October, 2002. *11.F.9. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Round Rock Area Serving Center for$23,000. This item was approved under the consent • agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Round Rock Area Serving Center, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide for the immediate physical needs of low-income persons, the elderly,the disabled, children, and/or transients, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, 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 24th day of October, 2002. *11.17.10. Consider a resolution authorizing the Mavor to execute a Funding Agreement with Round Rock Caregivers for$14,500. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and 1- 00 OCTOBER 24,2002 WHEREAS, the City of Round Rock has received a request for funds from Round Rock Caregivers, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide alternative transportation for older adults who are no longer able to drive cars or access public transportation, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,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 i a y y City Funding Agreement with the Agency, 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 24th day of October,2002. *11.F:11. Consider a resolution authorizing the MUor to execute a Funding Agreement with Round Rock Health Clinic for$10,000. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Round Rock Health Clinic, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide medical evaluation, wellness and acute care and treatment for indigent and low-income residents, and • WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, 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 24th day of October, 2002. *11.17.12. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Round Rock Volunteer Center for$37,500. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Round Rock Volunteer Center, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide leadership, initiative, and support for volunteer efforts in the Round Rock community, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore 'BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 101 OCTOBER 24,2002 That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, 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 24th day of October, 2002. *11.F.13. Consider aresoluti n authorizing the Myor to a Funding Agreement with The American Red Cross of the Capital Area for$8,000. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed community services, and WHEREAS, the City of Round Rock has received a request for funds from The American Red Cross of the Capital Area, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide basic needs, crisis assistance and support services for people with disabilities, their families, and their caregivers., and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That. the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, 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 24th day of October, 2002. *1 LF.14. Consider a resolution authorizing the Mayor to execute a Funding Agreement Williamson-Burnet County Opportunities for$16,600. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Williamson- Burnet County Opportunities, a non-profit corporation("Agency".), and WHEREAS, the City Council hereby determines that the requested funds will be used for . • a public purpose, namely to provide a senior nutrition and meal program, healthcare and meals for special _needs adults, and comprehensive services including education, health, dental, and social services for children, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, 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 102 OCTOBER 24,2002 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 24th day of October, 2002. *1 LF.15. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the Williamson County Crisis Center for$23,150. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed community services, and WHEREAS, the City of Round Rock has received a request for funds from the Williamson County Crisis Center, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose,namely to provide comprehensive services to victims of family violence, sexual assault, and other violent crimes, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, 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 24th day of October, 2002. *11.F.'16. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the YMCA of Greater Williamson County for$21,750. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from YMCA of Greater Williamson County, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide a teen program, after-school activities for children in grades K through Fifth, summer day camp for children in grades K through Eighth, and child development center for children ages Two to Five and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That. the Mayor is hereby authorized and directed to execute on behalf of the City a • Funding Agreement with the Agency, 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 24th day of October, 2002. 10 OCTOBER 24, 2002 *1 LF.17. Consider a resolution authorizing the Mayor to execute a Funding_Agreement Combined Community Action for$3,050. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Combined • Community Action, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide in-home assistance to elderly impaired persons, so that they can remain independent in their own homes, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, 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 24th day of October, 2002. COUNCIL COMMENTS: None ADJOURNMENT: • There being no further business, the meeting adjourned at 8:47 p.m. Res ectfully Submitted Christine R. Martinez, City Secretary 104 NOVEMBER 14,2002 The Round Rock City Council met in Executive Session and Regular Session on Thursday,November 14, 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 Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Isabel Gallahan and Councilmember Ga Coe. Al • gh , Gary C so present were City Manager Bob Bennett and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 4551.087 Government Code, related to deliberation of an offer of a financial or other incentive to a business prospect that the City Council seeks to have locate in or near the City of Round Rock. The Council entered into Executive.Session at 6:33 p.m. and adjourned at 7:02 p.m. CALL REGULAR SESSION TO ORDER- 7:00 P.M. The regular session was called to order at 7:08 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: Kenneth Snyder, 4406 North Ridge Road, spoke on the water situation in North Ridge Acres. Bob Bridendolph, 2218 Clearwater Drive, spoke on his concerns regarding the contracts for the painting of the water storage tanks. Earl Palmer, 106 Fairlane, asked the Council to consider naming the new Senior Center after Allen Baca,who recently passed away. PROCLAMATIONS: • 8.A. Consider a proclamation proclaiming November 16, 2002 as Round Rock Serving Center Day. Mayor Maxwell read the following proclamation and presented it to Lori Scott, Executive Director of the Serving Center and Board members in attendance. Whereas, the Serving Center is a charitable nonprofit social services agency and food pantry that serves the Round Rock area; and 10. 5. . NOVEMBER 14,2002 Whereas, the Serving Center provides limited financial assistance toward rent, utilities, gasoline,transportation, temporary lodging, and prescriptions; and Whereas, the Serving Center is staffed primarily by volunteers, and is supported by local churches, civic groups businesses, the United Way of Greater Williamson County, and community of Round Rock; and Whereas,the Serving Center has experienced an increase-in the number of individuals who need help, Now, Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby proclaim November 16, 2002 as "Serving Center Day" in the City of Round Rock and urge all citizens of the community to join with me in helping to stock the pantry or provide funds to the Round Rock Area Serving Center so they can continue this much needed service. Proclaimed this 14th day of November, 2002. PUBLIC HEARINGS: 9.A.1. Consider public testimony concerning amending Chapter 6, Section 6.400, Round Rock Code of Ordinances (1995 Edition)to amend smoking regulations in public places. Will Hampton, Communications Director made the staff presentation. The City Council directed the staff at the October 10th meeting to bring two ordinances forward for consideration at the November 10 meeting. One ordinance is for a complete ban of smoking in public places. The other ordinance allows for designated smoking areas. Staff has been meeting with the restaurant • owners,representatives of the American Cancer Society and representatives of YASA. Mayor Maxwell opened the public hearing. The following individuals expressed their opinion on the proposed smoking ordinance: • Gary Welling, 300 Hesters Crossing Road A-1,Round Rock • Wendy and Kayla Davis, 506 Stonebridge Drive,Round Rock • William Camp, 2310 Stirrup Drive,Round Rock • R.J. Trevathan, 601 Cambridge,Round Rock • Amer Hammoud, 600 Round Rock West#404,Round Rock, also submitted _ petition. • Sue Peterson of YASA • Gene Robertson, 1407 Bellmar Drive,Round Rock • Dwayne Kostiha, 2905 Lost Indigo Trail,Round Rock • Steve Lynne, 1530 N IH 35,Round Rock • Susan Dunning, 5926 Balcones Drive,Austin • Jack Frick, 905 Oaklands Drive, Round Rock, also submitted a study regarding smoking. • Marie Tipton, 1201 Wilderness Path,Round Rock • • Gail Johnson, 1227 Tanglewild Drive, Austin • Colleen Johnson, 12207 Tanglewild Drive,Austin • James Gray, 2244 Ridgepoint Drive,Austin • Jay McCullough, 701 Brazos, Suite 500, Austin • Laura Priour, 601 Parkview Drive, Round Rock • Ray Thibodaux,2415 Chestnut Path,Round Rock • Rebecca Merrill, 3819 Eagles Nest,Round Rock • Kara Chilleri, 3012 Berry Cove,Round Rock • Denise Valencia, 1611 Sundance Drive,Round Rock • Christine Eady, 15808 Hwy 620 N, Ste 100,Austin • Ann Herndon,Round Rock • Marie Elwood,Killeen,works in Round Rock 106 NOVEMBER 14, 2002 • Bob Wilson, Houston, owner of an establishment in Round Rock • Marilyn Little, Lake Creek Circle,Round Rock • Ken Younghans, Cedar Park, owner of establishment in Round Rock • 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 any se separate discussion onof these items and no items were removed • P from the consent agenda. *11.A. Consider approval of the City Council meeting minutes for the Regular Session of October 24, 2002. *12.B.1. Consider an ordinance amending Chapter 4, Section 4.309 of the Code of Ordinances (1995 Edition)to increase the fees for wrecker services. (Second Reading) *12.C.1. Consider an ordinance adopting the 2002-2003 Community Development Block Grant Budget. (Second Reading) *12.E.1. Consider an ordinance determining the public necessity for the acquisition of 0.07 acres of land for the proposed A.W. Grimes Boulevard project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. (First • Reading) *D.A.1. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with Children's Support Coalition for youth services for$7,400.00 (unspent funds from 2001-02). *13.A.2. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with Children's Support Coalition for youth services for$10,000.00. *13.A.3. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with Round Rock Housing Authority for a Senior Activity Program for$8,100.00. 13.A.4. Consider a resolution authorizing the Mayor to execute a Communi Development Block Grant Program Agreement with Big Brothers Big Sisters of Central Texas, Inc. to provide site based mentoring for Round Rock elementary students for$9,840.00 (unspent funds from 2001-02). NOVEMBER 14,2002 * 1 Consider a resolution 3.A.5. Co de authorizing Mayor or to execute a Communi v Development Block Grant Program Agreement with Williamson-Burnet County Opportunities for the Round Rock Adult Day Care Scholarship Program for$10,000.00. *13.A.6. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with The Round Rock Area Serving Center to provide transportation vouchers to families in need for$7,000.00. *13.A.7. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with The Round Rock Volunteer Center for the Coats for Kids 2002 Project for$1,000.00. *13.A.8. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with The Williamson County Crisis Center Shelter Proiect for$8,000.00. *13.13.9. Consider a resolution authorizing the Mayor to execute a letter of agreement with TXU Gas Company for the relocation of a three-inch gas line at Harris Street and Bagdad Street. • *13.B.10. Consider a resolution authorizing the Ma or to execute a Standard Form of Agreement with Opus Three Architects for the schematic design of Fire Station No. 6. MOTION: Councilmember Pitt moved to approve all the items listed in the consent agenda. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilinember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember.Pitt moved dispense with the second reading of the ordinance • for item 12E1 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 NOVEMBER 14,2002 ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *1 LA. Consider approval of the City Council meeting minutes for the Regular Session of October 24, 2002. This item was approved under the consent agenda. 11.B. Consider an amendment to the September 12, 2002 City Council meeting minutes. Original statement—"Michele Messina, 4406 Cisco Valley Drive, expressed his support of the no smoking ordinance but added that the Council should not decide either way." Amended statement—"Michele.Messina, 4406 Cisco Valley Drive, expressed his opposition to the proposed smoking ordinance revision, arguing that it is a further infringement of the property rights of restaurant owners." MOTION: Councilmember McGraw moved to approve the amendment to the minutes of September 12, 2002. 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. ORDINANCES: 12.A.1. Consider(1) discussion of two alternative ordinances amending Chapter 6, Section 6.400,Round Rock Code of Ordinances (1995 Edition)to amend smoking regulations in public places; and(2) consider adoption of one of the two alternates. One of the alternative ordinances provides for a"complete ban"on smoking with limited specific exceptions and the other ordinance provides for"designated smoking areas"in restaurants, other similar businesses and in places of employment. (First Reading) Mayor Maxwell and each Councilmember expressed their personal feelings regarding the decision they made regarding the proposed smoking ordinance. • ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING SECTION 6.400 OF CHAPTER 6 OF THE CODE OF ORDINANCES; PROVIDING DEFINITIONS; ESTABLISHING CERTAIN SMOKING RESTRICTIONS IN PUBLIC PLACES; AND PROVIDING FOR A REPEALING CLAUSE, A SEVERABILITY CLAUSE AND A PENALTY CLAUSE. 109 NOVEMBER 14,2002 MOTION: Pro-tem Mayor Nielson y N e son moved to adopt the revised ordinance dated November 14, 2002,which is a complete ban of smoking in public places including places of employment with exceptions to stand alone bars that hold a beer and wine permit and with a specific requirement for stand alone bars that hold a mixed beverage permit. Councilmember • McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Mayor Maxwell Noes: Councilmember Pitt Councilmember Gallahan Councilmember Coe ACTION: The motion carried with 4 ayes and 3 noes. *12.B.1. Consider an ordinance amending Chapter 4, Section 4.309 of the Code of Ordinances to increase the fees for wrecker services. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.309, CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, TEXAS TO CHANGE THE MAXIMUM FEES CHARGED • BY WRECKER PERMIT HOLDERS FOR HAULS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.C.1. Consider an ordinance adopting the 2002-2003 Community Development Block Grant Budget. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2002-2003 FISCAL YEAR. 12.D.1. Consider an ordinance adopting the Forest Creek Golf Course Capital Budget for FY 2002-2003. (First Reading) David Kautz, Chief Financial Officer made the staff presentation. The City owns Forest Creek Golf course and has contracted with Golf Corp to manage and operate the course. As part of operating the golf course, Golf Corp prepares a capital budget for major improvements and equipment, in which the budget is funded by 6% of green • fees. The golf course has always been self-supporting and no tax money orgeneral revenues have been required to operate the course or to pay debt service. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FOREST CREEK GOLF COURSE FOR FISCAL YEAR 2002-2003. 110 NOVEMBER 14,2002 MOTION: Councilmember Knight moved to adopt the ordinance. 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. *12.E.1. Consider an ordinance determining the public necessity for the acquisition of 0.07 acres of land for the proposed A.W. Grimes Boulevard project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF APPROXIMATELY 0.07 ACRES, IN FEE SIMPLE; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN ROADWAY IMPROVEMENTS TO A.W. GRIMES BOULEVARD, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION • OF SAID PROPERTY; AUTHORIZING THE CIYT ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. RESOLUTIONS: *13.A.1. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with Children's Support Coalition for youth services for$7,400.00 (unspent funds from 2002-02). This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Community Development Block Grant Program Agreement for 2001-02 with Children's Support Coalition for funding from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, Children's Support Coalition has unspent funds remaining from the 2001-02 Agreement, and WHEREAS, the City Council now desires to enter into a Community Development Block Grant Program Agreement with Children's Support Coalition for said 2001-02 unspent funds, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Program Agreement with Children's Support Coalition for 2001-02 unspent fiends, 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 11 ,1. NOVEMBER 14, 2002 was open to the public as required by law at all times during which this Resolution and the subject 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 November, 2002. *13.A.2. Consider a resolution authorizing the Mayor to execute a Community • Development Block Grant Program Agreement with Children's Support Coalition for youth services for$10,000.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received 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 engage Children's Support Coalition for youth services, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement for 2002-03 with Children's Support Coalition for youth services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Program Agreement with Children's Support Coalition for youth 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 14th day of November,2002. *13.A.3. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with Round Rock Housing Authority for a Senior Activity Program for$8,100.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received 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 engage Round Rock Housing Authority for a Senior Activities Program, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with Round Rock Housing Authority for a Senior Activities Program, • Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Program Agreement with--Round Rock Housing Authority for a Senior Activities,Program, 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. ,112 NOVEMBER 14, 2002 RESOLVED this 14th day of November, 2002. *13.A.4. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with Big Brothers Big Sisters of Central Texas, Inc. to provide site based mentoring for Round Rock elementary students for $9,840.00 (unspent funds from 2001-02). This item was approved under the consent agenda. RESOLUTION NO. . WHEREAS, the City of Round Rock has previously entered into a Community Development Block Grant Program Agreement for 2001-02 with Big Brothers Big Sisters of Central Texas, Inc. for funding from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, Big Brothers Big Sisters of Central Texas, Inc. has unspent funds remaining from the 2001-02 Agreement, and WHEREAS, the City Council now desires to enter into a Community Development Block Grant Program Agreement with Big Brothers Big Sisters of Central Texas, Inc. for said 2001-02 unspent funds,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Program Agreement with Big Brothers Big Sisters of Central Texas, Inc. for 2001-02 unspent funds, 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 November, 2002. *13.A.5. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with Williamson-Burnet County Opportunities for the Round Rock Adult Day Care Scholarship Program for$10,000.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received 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 engage Williamson-Burnet County Opportunities, Inc. to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with Williamson-Burnet County Opportunities, Inc. for the Round Rock Adult Day Care Scholarship Program,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Program Agreement with Williamson-Burnet County Opportunities, Inc. for the Round Rock Adult Day Care Scholarship Program, 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 NOVEMBER 14,2602 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of November,2002. *13.A.6. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with The Round Rock Area Serving Center to • provide transportation vouchers to families in need for$7,000.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received 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 engage The Round Rock Area Serving Center to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with The Round Rock Area Serving Center '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 for transportation vouchers, 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 November, 2002. *13.A.7. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with The Round Rock Volunteer Center for the Coats for Kids 2002 Proiect for$1,000.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received 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 .engage The Round Rock Volunteer Center to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with The Round Rock Volunteer Center for the 2002 Coats for Kids • Project,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 Volunteer Center.for the 2002 Coats for Kids 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. 11 .4 NOVEMBER 14,2002 RESOLVED this 14th day of November, 2002. *13.A.8. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with The Williamson County Crisis Center Shelter Project for$8,000.00. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock has applied for and received 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 engage The Williamson County Crisis Center to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with The Williamson County Crisis Center for the Williamson County Crisis Center Shelter Project,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 Williamson County Crisis Center for the Williamson County Crisis Center Shelter 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 14th day of November, 2002. 13.B.1. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with • Ballou Construction Co., Inc. for the Street Maintenance Program Phase 2/1\4icro-Surfacing 2001 Project. Jim Nuse, Chief of Operations/Assistant City made the staff presentation. This contract encompasses the Laurel Ridge Subdivision and sections of the Settlement Subdivision. Aten Loop at Palm Valley Park will also be included in this project. This type of surface treatment will give City roads an extended life as well as a better skid resistant value. The total cost of this project will be $100,805.17. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Ballou Construction Co., Inc. for the Street Maintenance Program Phase 2/Micro-Surfacing 2001 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 Ballou Construction Co., Inc. for the Street Maintenance Program Phase 2/Micro-Surfacing 2001 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 115 NOVEMBER 14, 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 14th day of November, 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 Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 13.B.2. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with MW Builders, Inc. for the Lake Creek Pump Station Facility and System Improvements Proiect. Tom Clark, Director of Utilities made the staff presentation. This project replaced the • existing vertical turbine pumps, the chemical control and telemetry system, and increased the capacity of the pump station from 11 to 17.3 million gallons per day. It will also include the plugging of three wells no longer in service. Also, included in this project is the demolition of the Tower Drive Pump Station and Tank. This Change Order is necessary for the successful completion of this project. It covers unanticipated items that were discovered during construction and represents necessary changes in response to conditions found in the field. Existing pump cans 1 through 4 were found to be deteriorated beyond repair and had to be replaced. Also, some of the existing piping was not found as shown in the as-built plans that required additional modification. The original contract amount was $1,569,000.00. This Change Order No. 1 is for$99,113.00 or 6.31% over the original contract.. • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with MW Builders, Inc. for the Lake Creek Pump Station Facility and System 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 MW Builders, Inc. for the Lake Creek Pump 116 NOVEMBER 14, 2002 Station Facility and System Improvements 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 14th day of November, 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 C6uncilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 13.B.3. Consider a resolution authorizing the Mayor to execute a contract with Austin • Traffic Signal Construction for the installation of a traffic signal at FM 3406 and Plantation Drive. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. WHM Transportation Engineering Consultants, Inc. has put together a traffic signal design and bid package at the City's request for the FM 3406 and Plantation Drive intersection. Only one bid was received and opened on October 1, 2002. Austin Traffic Signal Construction Company, L.P., submitted a bid of$154,731.75. The time frame for completion of this contract is 45 days and should be completed by the first of the year. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the installation of a traffic signal at FM 3406 and Plantation Drive, and WHEREAS, Austin Traffic Signal Construction has submitted the lowest responsible bid, and . WHEREAS, the City Council wishes to accept the bid of Austin Traffic Signal Construction,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Traffic Signal Construction for the installation of a traffic signal at FM 3406 and Plantation Drive. The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 117 NOVEMBER 14, 2002 RESOLVED this 14th day of November,2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Knight 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. 133.4. Consider a resolution authorizing the Mayor to execute a contract with Corrosion Eliminators Inc. for the 2002-2003 Water Storage Tanks Rehabilitation Pro'ect(Proposals A and C). Tom Clark,Director of Utilities made the staff presentation. The state requires annual inspections of all water tanks within the City's distribution system. With the information from these inspections, staff can schedule each tank for repairs and painting,based on its resent p p P g� P condition. In general steel tanks need re-painting every 10 to 15 years. The work under this contract will include general tank repairs,painting both the interior and exterior of each of four (4)tanks to be rehabilitated under Proposals A and C,between November 2002 and February 2004. These tanks are Water Treatirient'Plant Clearwell Nd.1, Water Treatment Plant Clearwell No. 2, SE Ground Tank and McNeil Ground-Tank.-Two additional tanks will be rehabilitated under Proposal C within the same time period,but under separate contract. On October 29, 2002 5 bids were received for this work. Each contractor submitted bids for each of three(3) proposals (A,B and C), each proposal was for the rehabilitation of two (2)tanks. The project was split into three proposals in order to control which tanks,when and how long a tank can be out of service and to open the project to more bidders. John Konzen reviewed the bid submitted by Corrosion Eliminator,Inc. which was for$717,361.00, and found the bid to be fair and complete, and recommended an award of the bid to Corrosion Eliminator, Inc.,which is based on the lowest price bid for each proposal. Mr. Clark addresse&the concerns raised by Mr. Bridendolph during Citizens Communications. RESOLUTION NO. 118 NOVEMBER 14,2002 WHEREAS, the City of Round Rock has duly advertised for bids for the 2002-2003 Water Storage Tank(s)Rehabilitation Project(Proposals A and C), and WHEREAS, Corrosion Eliminators,Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Corrosion Eliminators, 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 Corrosion Eliminators, Inc. for the 2002-2003 Water Storage Tank(s) Rehabilitation Project(Proposals A and Q. •. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and.that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 November, 2002. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councihnember 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. 13.13.5. Consider a resolution authorizing the Mayor to execute a contract with Gulf States' Protective Coating, Inc. for the 2002-2003 Water Storage Tank(s)Rehabilitation Project (Proposal B). Tom Clark,Director of Utilities made the staff presentation. The state requires annual inspections of all water tanks within the City's distribution system'. With the information from these inspections staff can schedule each tank for repairs and painting,based on its present condition. In general steel tanks need re-painting every 10 to 15 years. The work under this contract will include general tank repairs,painting both the interior and exterior of each of two (2)tanks to be rehabilitated under Proposal B,between November 2002 and February 2004. These tanks are Lake Creek Ground Tank and Chandler Creek Elevated Tank. Four additional tanks will be rehabilitated under Proposals A and C within the same time period,but under separate contract. On October 29, 2002 5 bids were received for this work. Each contractor submitted a bid for each of three(3)proposals (A,B and Q. Each proposal was for the rehabilitation of two (2)tanks. The project was split into three proposals in order to control NOVEMBER 14,2002 which tanks,when and how long.a tank can be out of service. John Konzen reviewed the bid as submitted by Gulf States' Protective Coating, Inc,which was for$366,900.00, and found the bid to be fair and complete,recommended an award of the bid to Gulf States' Protective Coating, Inc. which is based on the lowest price bid for each proposal. • RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the 2002-2003 Water Storage Tank(s)Rehabilitation Project(Proposal B), and WHEREAS, Gulf States' Protective Coating, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Gulf States' Protective Coating, 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 Gulf States' Protective Coating, Inc. for the 2002-2003 Water Storage Tank(s) Rehabilitation Project(Proposal B). The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 November, 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.B.6. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with WHM Transportation Engineering Consultants, Inc. for the • development fo a model to study traffic conditions at Hesters Crossing and IH 35. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. WHM Transportation Engineering Consultants,Inc.,has been requested to submit a contract to provide services in the development of a CORSIM model. This model is to simulate traffic conditions related to the proposed intersection by-pass near Hesters Crossing and IH-35, and will include I1-1-35 main lane and frontage road operations between McNeil Road and SH 45. This model will identify the 120 NOVEMBER 14,2002 impact of the ramp closure on the IH 35 and Hesters Crossing interchange with and without the construction of the proposed collector-distributor road. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the development of a model to study traffic conditions at Hesters Crossing and IH 35, and WHEREAS, WHM Transportation Engineering Consultants, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with WHM Transportation Engineering Consultants, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with WHM Transportation Engineering Consultants, Inc., for the development of a model to study traffic conditions at Hesters Crossing and 11135, 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 November, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan 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.7. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering.Services with Lockwood, Andrews & Newman, Inc. for the Round Rock West Street Proiect. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. The City staff reviewed statements of intent and qualification from a number of • engineers and performed interviews with the qualifying firms. Lockwood, Andrews &Newman, Inc. was selected as the initial firm with which to negotiate engineering services for the Round Rock West Street project. This contract will provide the preliminary engineering for street and water rehabilitation improvements for the Round Rock West area generally bounded by McNeil Rd. to the south, Deepwood Drive to the west, Round Rock West Drive to the east, and 12, 1. NOVEMBER 14,2002 Westwood Drive, Glenda.Drive and Dragon Drive to the north. These improvements will address problems with water mains that do not meet current standards and that have been problematic. RESOLUTION NO. • WHEREAS,the City of Round Rock desires to retain engineering services for the Round Rock West Streets Project, and WHEREAS, Lockwood, Andrews & Newman, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Lockwood, Andrews &Newman, 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 Engineering Services with Lockwood, Andrews,& Newman, Inc., for the Round Rock West Streets 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 14th day of November, 2002. NYLE MAXWELL,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: 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.8. Consider a resolution authorizing the Mayor to execute a memorandum of agreement approving the Early Action Compact for the Austin/San Marcos Metropolitan • Statistical Area. Michael Thane, Engineer made the staff presentation. As of September 14, 2002, Central Texas has been in violation of the 8-hour federal ozone standard. With expected population growth it becomes increasingly unlikely that-the region can come into compliance with the standard without implementing emission reduction strategies that involve the general public. The purpose of the Early Action Compact is to develop and implement a Clean Air Action Plan that will reduce ground-level ozone concentrations in this area in order to comply 122 NOVEMBER 14, 2002 with the 8-;hour ozone standard. A major advantage of the region's participation in the Early Action Compact protocol is the flexibility afforded the signatories in selecting emission reduction measures and programs that are best suited to local needs and circumstances, instead of the EPA designating the control-measures. By developing and implementing the Clean Air Action Plan, the Central Texas area can strive to demonstrate attainment for the 8-hour ozone • standard. Most importantly,reducing ozone levels provides for cleaner, healthier air. RESOLUTION NO. WHEREAS, the City of Round Rock is committed to protecting the health and economic vitality of the Round Rock community, and WHEREAS, protecting the region's air quality is important to the community's health and economic vitality, and WHEREAS, the City of Round Rock is examining a variety of measures to improve the area's air quality, and WHEREAS, the City of Round Rock understands that entering into an Early Action Compact Agreement with the Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) provides Central Texas with a mechanism to address effectively the region's air quality issues, and 'WHEREAS, the Early Action Compact Agreement provides the City of Round Rock with flexibility to choose those air quality improvement strategies most suitable to its circumstances and resources,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council of the City of Round Rock will participate as a signatory to the Early Action Compact for the Austin/San Marcos MSA as contained in the Agreement attached • hereto as Exhibit"A"and incorporated herein for all purposes, and BE IT FURTHER RESOLVED, That Mayor Nyle Maxwell is authorized to sign the Early Action Compact Agreement on behalf of 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 14th day of November, 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 McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 123 NOVEMBER 14, 2002 *13.B.9. Consider a resolution authorizing the Mavor to execute a letter of agreement with TXU Gas Comnany for the relocation of a three inch gas line at Harris Street and Bagdad Street. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock ("City') is planning to construct a Senior Activity Center on City property at the Municipal Office Complex, and WHEREAS, a three inch gas line located on the property at Harris Street and Bagdad Street must be relocated prior to the construction of the Senior Activity Center, and WHEREAS, the City and TXU Gas Company wish to enter into a Letter of Agreement for the relocation of said gas line,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 TXU Gas Company for the relocation of a three inch gas line at Harris Street and Bagdad Street, 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 November, 2002. *13.B.10 Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement with Onus Three Architects for the schematic design of Fire Station No. 6. This item • was approved under the consent agenda. pP g RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the schematic design of Fire Station No. 6, and WHEREAS, Opus Three 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 Agreement with Opus Three 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 Opus Three Architects for the schematic design of Fire Station No. 6, 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 November, 2002. 13.13.11. Consider a resolution authorizing the Mayor to execute a contract with Orius Corporation for the turn-key installation of an Avaya Voice/Network cabling in the McConico Building. Larry Madsen, Construction Manager made the staff presentation. Thirteen companies offered bids. The amount of the contract is $27,610.38. This award is being made under the authority of Local Government Code, Chapter 252, which authorizes awarding a bid based on 124 NOVEMBER 14,2002 "Best Value" rather than "Lowest Responsible Bid." JanCom Technologies, Inc. prepared the programming and design development documentation for the Communication and Cabling on the McConico Building. JanCom Technologies, Inc. and Howard Baker, the City's Purchasing Agent, reviewed all 13 bids that were received and recommended an award of the contract to Orius Corporation, Avaya System as the Best Value. Through this contract, an advanced • communication cabling will be installed in the McConico Office Complex. The new building will house Municipal Court, Parks and Recreation Administration offices, and the Planning and Community Development Departments. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for,bids for the procurement, installation, documentation, and testing of a uniform, structured voice and data communications cabling system for the McConico Building, and WHEREAS, Orius Corporation has submitted the bid which provides the best value for the City of Round Rock using statutorily prescribed considerations delineated in Texas Local Government Code, Section 271.113(b), and WHEREAS, the City Council wishes to accept the bid of Orius Corporation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Orius Corporation for the procurement, installation, documentation, and testing of a uniform, structured voice and data communications cabling system for the McConico Building. • The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 November, 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 Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: 14.A. Consider 4 appointments to the Round Rock Transportation System Development Corporation. 125 NOVEMBER 14, 2002 MOTION: Councilmember Pitt moved to table the appointments. 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.B. Consider 5 appointments to the Building Standards Commission. MOTION: Councilmember Pitt moved to table the appointments. 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. • CITY MANAGER'S REPORT: 15.A. Status report concerning the progress on the hiring of a new City Manager. Bob Bennett informed the Council that over 100 applications from throughout the United States have been received for the position of City Manager. He outlined the process that will be used bring as few as 3 finalist for the Council's consideration. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business,the meeting adjourned at 9:48 p.m. ReSDectfully Submitted, Christine R. Martinez, City?Secretary • 126 NOVEMBER 26,2002 The Round Rock City Council met in Regular Session on Tuesday,November 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 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 Chief of Operations/Assistant City Manager Jim Nuse and City Attorney Steve Sheets. City Manager Bob Bennett was absent due to illness. CITIZENS COMMUNICATIONS: Kenneth Snyder, 4406 North Ridge Road, Austin spoke on the water situation in North Ridge Acres,which is, located outside the city limits of Round Rock. PRESENTATIONS: 5.A.1. Consider a presentation regarding Emergency Management certification. This award was presented to Keith Tanner for completing the Professional Development Series (PDS)training given by the Emergency Management Institute. • PUBLIC HEARINGS: 6.A.1. Consider public testimony concerning amending Chapter 6, Section 6.400, Round Rock Code of Ordinances (1995 Edition)to amend the smoking regulations. Will Hampton, Communications Director made the staff presentation. This ordinance is the final version of what was approved at the November 14, 2002 Council meeting. Mr. Hampton outlined the following highlights of the proposed ordinance. • Smoking prohibited in: - Restaurants - Places of employment - Public Places • Exemptions - Beer&Wine Permit holders that do not serve food. - Hotel rooms • - Non-profit private clubs • Bar defined as: - 50% gross receipts from sale of alcoholic beverages ° - Stand alone facility - Serving of food incidental to primary business of selling alcoholic beverages. • Designated Smoking Bar - Must filter air four times per hour - 99.97%HEPA filter - Carbon composite filter 127 NOVEMBER 26,2002 • Signage required in all public places,places of employment and designated smoking bars. • Violation of ordinance is a Class C misdemeanor. Mayor Maxwell opened the public hearing. Michele Messina, 4406 Cisco Valley Drive, expressed his opinion regarding the proposed • smoking ordinance. Scott Placek, 2235 Shark Loop,relayed his opinion of the smoking ordinance. Frank Hecker, 3016 Blue Sky Place, expressed his opinion on who should make the decision concerning smoking in local businesses. Peyton Randolph, 3902 Haley's Way, opposed the smoking ban. Cindy Hecker, 3016 Blue Sky Place, expressed her opinion on who should make the decision concerning smoking in local businesses. Jack Frick, 905 Oaklands Drive, expressed his support of the smoking ban. Amer Hammond, 600 Round Rock West#404, asked the Council to reconsider the proposed ordinannce and he asked that a tangible plan and budget be established to help • restaurants affected by the smoking ban. He also asked that the effective date for the businesses to be in compliance be extended to six months. Carita Colleen Johnson, 12207 Tanglewild Drive, Austin, owner of Partners expressed her concern regarding the proposed ordinance and of the cost to the business owner reach compliance of the ordinance. Frank Tighe, 1108 Creekview Drive, expressed his support of the smoking ban. Gail Johnson, 12207 Tanglewild Drive, Austin, expressed his concern that the proposed was targeting selective businesses. Jeanne Startzel, 2433 Ridgepoint Drive—B, Austin, Executive Director of the American Cancer Society, expressed her support of the smoking ban. Sue Peterson, from YASA, expressed her support of the smoking ban. Marc McClendon, 16011 Mickey Drive,Austin expressed his support of the ordinance. • Frank Calcagni, 8509 Potosi Cove, of Roadhouse Bar&Grill, expressed his concern of the time and cost that was given to the bar owners to get in compliance with the ordinance. Gary Welling, G Que Billiards, expressed his concern on the cost and time that was placed for businesses to get into compliance with the ordinance. He asked that the effective date be extended to June 1, 2003. Rebecca Merrill expressed her support of the smoking ordinance. 128 NOVEMBER 26, 2002 Matt Lacey, of Castaways, expressed his opinion about the smoking ordinance. Arthur Bryant expressed his support of the smoking 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. *8.A. Consider approval of the City Council meeting minutes for the Regular Session of November 14, 2002. *9.A.1. Consider an ordinance adopting the Forest Creek Golf Course Capital Budget for FY 2002- 2003. (Second Reading) *10.A.1. Consider a resolution authorizing the City Manager to issue a purchase order to ADH Marketing for the purchase of two thermal imaging systems for the Fire Department. *10.B.1. Consider a resolution authorizing the Mayor to execute an Extension of Real Estate Contract with WM Acquisitions, Inc. to study the feasibility of purchasing 12.98-acre tract of land on Greenhill Drive near its intersection with Texas Avenue. • *10.C.2. Consider a resolution supporting the Texas Parks and Wildlife Grant Program for parkland acquisition and the development of parks and recreation facilities. *10.E.1. Consider a resolution supporting Assisting Texas with Housing, Inc. in making application to the Texas Department of Housing and Community Affairs for financial assistance to rehabilitate Chisholm Trail Apartments. MOTION: Councilmember McGraw moved to approve all the items listed in the consent agenda. 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. APPROVAL OF MINUTES: *8.A. Consider approval of the City Council meeting minutes for the Regular Session of November 14, 2002. This item was approved under the consent agenda. 12. 9 NOVEMBER 26,2002 ORDINANCES: *9.A.1. Consider an ordinance adopting the Forest Creek Golf Course Capital Budget for FY 2002-2003. (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 FISCAL YEAR 2002-2003. 9.B.1. Consider an ordinance amending Section 6.503 of the Round Rock Code of Ordinances changing the Inspection Fees for food establishments by the Williamson County& Cities Health District. (First Reading) Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. The permit/inspection fees that are currently being charged by the Williamson County&Cities Health District for food establishments,including restaurants and mobile food units were established in 1993. The penalty fees were adopted in January of 1995. Daycare fees were adjusted in 1999 to reflect the number of children cared for instead of the number of employees. Since 1993 there have been no increases in these fees. Because the cost of conducting inspections has risen due to increases in salaries and benefits, cost of gas and auto maintenance, and general overhead costs these fees no longer cover our cost of conducting food • establishment inspections. Kay Kelly, from the Health District, gave an overview on the restaurant fees that would be increased. The Council asked Ms. Kelly to bring back to the next Council meeting more details on all the fees that the Council was being asked to amend. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 6.503, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS TO CHANGE THE FEES FOR THE INSPECTION OF FOOD ESTABLISHMENTS BY THE WILLIAMSON COUNTY HEALTH DEPARTMENT; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Coe moved to table 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. 9.C.1. Consider an ordinance amending Chapter 6, Section 6.400,Round Rock Code of Ordinances (1995 Edition)to amend the smoking regulations in the City of Round Rock. 130 NOVEMBER 26,2002 (Second Reading) Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. This ordinance is the final version of what was approved at the November 14, 2.002 Council meeting,which is a "Complete Ban."This ordinance would prohibit smoking in all public places including places of employment with the exception of only stand-alone bars that hold a beer and wine license. The stand-alone bars that hold a mixed drink license must have a • filter and ventilation system in the facility. Each public place that is affected by the ordinance will also be required to post a sign outside of their establishment to show that they are a"non- smoking facility". The following points were brought up and briefly discussed. • Size requirement on the sign that needs to be posted • Who would be responsible for checking the filter system • What is the cost in enforcing the ordinance • Cost to the City departments • What will be done if the businesses are affected • Clarification on places of employment and public places. • Clarification on injunction Each Councilmember explained their feelings concerning the proposed smoking ordinance. ORDINANCE NO. • AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING SECTION 6.400 OF CHAPTER 6 OF THE CODE OF ORDINANCES; PROVIDING DEFINITIONS; ESTABLISHING CERTAIN SMOKING RESTRICTIONS IN PUBLIC PLACES; AND PROVIDING FOR A REPEALING CLAUSE,A SEVERABILITY CLAUSE AND A PENALTY CLAUSE. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance with the amendment that the effective date of this ordinance be June 1St for only stand-alone bars that hold a mixed beverage permit due to the cost of compliance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Mayor Maxwell Noes: Councilmember Pitt Councilmember Gallahan Councilmember Coe ACTION: The motion carried with 4 ayes and 3 noes. • Mayor Maxwell asked staff to arrange a meeting with the restaurants to discuss ways on how to promote a smoke free restaurant. RESOLUTIONS: NOVEMBER 26,2002 13 .1 *10.A.1. Consider a resolution authorizingthe he City Manager to issue a purchase order to ADH Marketing for the purchase of two thermal imaging systems 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 two thermal imaging systems for the Fire Department, and WHEREAS,ADH Marketing has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of ADH Marketing, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of ADH Marketing is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to ADH Marketing for the purchase of two thermal imaging systems 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 26th day of November, 2002. *10.B.1. Consider a resolution authorizing the Mayor to execute an Extension of Real Estate Contract with WM Acquisitions, Inc. to study the feasibility of purchasing 12.98-acre tract of land on Greenhill Drive near its intersection with Texas Avenue. This item was approved • under the consent agenda. RESOLUTION NO. WHEREAS, the City has previously entered into a Real Estate Contract ("Contract") with WM Acquisitions, Inc. to study the feasibility of purchasing a 12.98 acre tract of land on Greenhill Drive near its intersection with Texas Avenue, and WHEREAS, said Contract was to be closed on or before December 20, 2002, and WHEREAS, the City wishes to extend the feasibility time and closing date of the Contract to February 20, 2003, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Extension of Real Estate Contract, attached hereto as Exhibit "A", with WM Acquisitions, Inc. 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 public as required by law at all times during which this Resolution and the subject 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 November, 2002. • 10.C.1. Consider a resolution establishing a policy for naming city facilities,parklands, and streets. Sharon Prete,Parks and Recreation Director made the staff presentation. The City wishes to honor citizens,volunteers, financial donors, community leaders and officials who have made significant contribution to the success of the City. Naming City facilities after these contributors is one way to honor these individuals. This,however,needs to be done so in a fair and consistent manner. The proposed policies will establish a fair and consistent policy and process for naming and renaming City facilities,property and public parklands. 132 NOVEMBER 26, 2002 Ms. Prete outlined the following points of the policy. • Purpose • Intent • Objectives • Criteria - General - City Facilities - Public Streets • - Parklands - Renaming of a City Facility or Park Land • Procedures - Submission of Requests - Submission to Committee Submission to the City Council The Council discussed the minimum time that an individual that has been deceased could be considered for a memoriam. RESOLUTION NO. WHEREAS, the City Council wishes to adopt a written policy for naming City Facilities, Park Lands and Streets for the City of Round Rock, and WHEREAS, it is the policy of this Council and the City of Round Rock to establish a systematic, fair and consistent procedure for naming and renaming City Facilities, Park Lands and Streets, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the attached City of Round Rock Policy for Naming City Facilities, Park Lands, and Streets, 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 26th day of November, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to amend paragraph IV. Criteria, Section A.3. of the resolution changing the minimum time to one year instead of three years. 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. MOTION: Councilmember Pitt moved to approve the resolution as amended. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson 133 NOVEMBER 26,2002 Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • 10.C.2. Consider a resolution supporting the Texas Parks and Wildlife Grant Program for parkland acquisition and the development of parks and recreation facilities. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Texas Parks and Wildlife Department ("TPWD") has a separate account in their general revenue fund referred to as the Texas Recreation and Parks Account (''TRPA"), for the purpose of providing matching grants to political subdivisions for parks and recreation related activities, and WHEREAS, the matching grants provided by the TPWD are utilized for the planning, acquisition, or development of a park, recreational area, or open space area to be owned and operated by the political subdivision, and WHEREAS, funds granted to political subdivisions under TRPA guidelines may not be used for the operation and maintenance of parks,recreational areas, and open space areas, and WHEREAS, officials from TPWD hosted public hearings throughout the State of Texas in 1999 for the purpose of gathering testimony from interested citizens on how to develop a fair system for scoring and approving grants to political subdivisions, and WHEREAS, political subdivisions throughout the State of Texas depend on grants from • TPWD to assist in the acquisition and development of parks and recreational areas for the benefit and enjoyment of their citizenry, and WHEREAS, parks and recreational opportunities play an important role in juvenile crime prevention,public health, economic development, education and quality of life,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 1. That members of the 78th Legislature of Texas allow the Texas Parks and Wildlife Department to manage the Texas Recreation and Parks Account in a fair manner to preserve the integrity of the grant program. 2. That members of the 78th Legislature of Texas not approve funding for projects utilizing funds from the Texas Recreation and-Parks Account that have not gone through the grant process established and approved by: the..Texas Parks and Wildlife Department and Commission. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 November, 2002. 10.D.1. Consider a resolution authorizing the MUor to execute an Agreement for • Preliminary Engineering Services with Fisher Hagood, Inc. for the G.O. Bond Project, Corridor Enhancement Program—Phase I. Jim Nuse, Chief of Operations/Assistant City made the staff presentation. The City reviewed statements of intent and qualification from a number of engineering firms and preformed interviews with the qualifying companies. Fisher Hagood, Inc. was selected as the firm to provide engineering services for the McNeil Corridor Enhancement Program. McNeil is different from the other corridors in this G.O. Bond program with the parallel railroad,business industry, and residential along the right-of-way, therefore a program 1. 34 NOVEMBER 26,2002 needs to be developed tailored for this project. The total cost of the project would be $30,460.48. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the G.O. Bond Project, Corridor Enhancement Program-Phase I, and WHEREAS, Fisher Hagood, Inc. has submitted an Agreement for Preliminary • Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Fisher Hagood, 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 Preliminary Engineering Services with Fisher Hagood, Inc., for the G.O. Bond Project, Corridor Enhancement Program - Phase I, 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 26th day of November, 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. 10.D.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with HVJ Associates, Inc. for the Southwestern Trail, Greenlawn Boulevard,Haley's Way, and Juliana's Way Street Investigation Project. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. The streets in question are • undergoing pavement distress. An area of Greenlawn Boulevard was previously repaired and it is exhibiting failure characteristics and in the repaired area. This investigation is aimed at ascertaining the causes of the pavement failures and the appropriate repair measures. The total cost of the project will be $13,396.00. RESOLUTION NO. 135 NOVEMBER 26,2002 WHEREAS, the City of Round Rock desires to retain engineering services for the Southwestern Trail, Greenlawn Boulevard, Haley's Way, and Juliana's Way Street Investigation Project, and WHEREAS, HVJ Associates, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with HVJ Associates, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with HVJ Associates, Inc., for the Southwestern Trail, Greenlawn Boulevard, Haley's Way, and Juliana's Way Street Investigation 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 26th day of November, 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: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 10.D.3. Consider a resolution authorizing the MUor to execute an Agreement for Engineering Services with Coulter Engineering, Inc. for the design of the Deerfoot Drive 8-inch Waterline Improvements. Jim Nuse, Chief of Operations/Assistant City made the staff presentation. The existing water line among the west right-of-way of Deerfoot Drive hasn't aged well and is hard to access, due to the steep terrain and abundant landscaping in the area of the water line. By installing an 8-inch waterline along the east right-of-way of Deerfoot Drive we • will improve future accessibility,water system capacity and reliability in the Dove Creek neighborhood. The total cost of this project would be$7,975.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of the Deerfoot Drive 8-inch Waterline Improvements, and WHEREAS, Coulter Engineering, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Coulter Engineering, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 136 NOVEMBER 26, 2002 That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Coulter Engineering, Inc., for the design of the Deerfoot Drive 8-inch Waterline Improvements, 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 26th day of November, 2002. NYLE MAXWELL, 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 McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 10.D.4. Consider a resolution approving the payment to Dell Computer Corporation for • expenses incurred by Dell for the relocation of irrigation, ghting and signing due to the construction of SH 45. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. The City of Round Rock is responsible for the acquisition of the right-of-way necessary for the road construction on the SH 45 frontage road project. Dell agreed to donate the right-of-way from their Round Rock campus necessary for the construction. The construction of the frontage road required that Dell relocate irrigation systems, signing, and parking lot lighting. This disbursement will pay Dell for the hard costs they have incurred to repair and relocate these items due to the construction of the SH 45 frontage roads. The total cost of this project would be $101,598.02, and the source of funds would be from the Round Rock Transportation System Development Corporation. • RESOLUTION NO. WHEREAS, the City of Round Rock is responsible for the acquisition of the right-of-way necessary for the road construction on the SH-45 frontage road project, and WHEREAS, Dell Computer Corporation ("Dell') has agreed to donate the right-of-way from their Round Rock campus necessary for the construction, and WHEREAS, the construction of the frontage road required Dell to relocate irrigation systems, signing, and parking lot lighting,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 137 NOVEMBER 26,2002 That the City Council hereby approves of a $101,598.02 reimbursement to Dell for the relocation of irrigation systems, signing, and parking lot lighting due to the construction of the SH 45 frontage road 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 26th day of November,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. • *10.E.1. Consider a resolution supporting Assisting Texas with Housing, Inc. in making application to the Texas Department of Housing and Community Affairs for financial assistance to rehabilitate Chisholm Trail Apartments. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, Assisting Texas with Housing, Inc., is the owner of Chisholm Trail Apartments, a low-income assisted housing apartment community located in the City of Round Rock, and WHEREAS, Assisting Texas with Housing, Inc. plans to submit an application to the Texas Department of Housing and Community Affairs for financial assistance to rehabilitate Chishohn Trail Apartments, and WHEREAS, the City of Round Rock is in support of Assisting Texas with Housing, Inc. in making said application,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock supports Assisting Texas with Housing, Inc. in making application to the Texas Department of Housing and Community Affairs for financial assistance to rehabilitate Chisholm Trail Apartments. The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 November,2002. APPOINTMENTS: 1 LA. Consider 4 appointments to the Round Rock Transportation System Development Corporation. This seven-member Board develops a combined Transportation Capital Improvement Program(TCIP)which shall be approved by the City Council. The Board reviews 138 NOVEMBER 26, 2002 and updates the TCIP once a year; makes an annual report to the City Council reviewing the accomplishments of the Board; and be accountable to the City Council for all activities undertaken by the Board. Mayor Maxwell, Councilmember McGraw, Mike Robinson, and Larry Hathorn submitted letters of interest for reappointment. • Mayor Maxwell opened the floor for nominations. MOTION: Councilmember Gallahan moved that Mayor Maxwell, Councilmember McGraw,Mike Robinson, and Larry Hathorn be appointed to the Transportation System Development Corporation 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. COUNCIL COMMENTS: None EXECUTIVE SESSION: • 13.A. Executive Session as authorized by 051.087 Government Code, related to deliberation of an offer of a financial or other incentive to a business prospect that the City Council seeks to have locate in or near the City of Round Rock. Entered Executive Session at 9:28 p.m. and adjourned at 9:35 p.m. ADJOURNMENT: There being no further business, the meeting adjourned at 9:36 p.m. Re pectfully Submitted CII s 6z a "-7 Christine R. Martinez, City Secretary • 139[ DECEMBER 5, 2002 The Round Rock City Council met in Executive Session on Thursday, December 5, 2002, at 4:00 p.m., in the Mayor's office at the Robert G. and Helen Griffith Public Library, 216 E. Main Street. • 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 Consultant Joanne Land. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 051.074 Government Code,to deliberate the appointment of a new City Manager. The Council entered into Executive Session at 4:04 p.m. and adjourned at 5:44 p.m. The Council took no action regarding the Executive Session. ADJOURNMENT: There being no further business,the Executive Session adjourned at 5:44.p.m. • Re ctfully Submitted . Christine R. Martinez, City Secretary • 14-0 DECEMBER 5,2002 The Round Rock City Council met in Regular Session on Thursday, December 5, 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 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: Kenneth Snyder, 4406 North Ridge Road, expressed his personal opinion on how his communication to the Council was being handled regarding Northridge Acres. Carl Weeks, 1500 Greenfield, expressed his concern regarding the enforcement of the sign ordinance on the weekends. Gisele Schaefer, 2003 Woods Cove,presented the Council with a copy of the Interim Report to the President prepared by The President's New Freedom Commission on Mental Health. • PUBLIC HEARINGS: 5.A.1. Consider public testimony concerning the City of Round Rock 2001-2002 Consolidated Annual Performance Evaluation Report(CAPER) as required by HUD. Mona Ryan, Community Development Coordinator made the staff presentation. The CAPER is a performance report on how the City used Community Development Block Grant funds during the year. This report is required by the Department of Housing and Urban Development (HUD) and is due at HUD by the end of the calendar year. This report also provides accountability to the public by describing successes in meeting objectives stipulated in the Five-Year Consolidated Plan. It provides information necessary for HUD's Annual Report to Congress, and provides necessary information for HUD to meet its statutory requirement to assess Round Rock's ability to carry out relevant programs in compliance with all applicable rules and regulations. • Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 5.A.2. Consider public testimony regarding an application filed by Mary Elizabeth Buck Vance, individual, to adopt original zoning of District PUD (Planned Unit Development)No. 58 on 3.29 acres of land,more or less, out of the Samuel Jenkins Survey, Abstract No. 347, in Williamson 141. DECEMBER 5,2002 County, Texas. (Walgreens PUD No. 58) Jim Stendebach, Assistant Planning Director made the staffresentation. The land is located north of Gattis School Road and east of Red Bud ud Lane(C.R. 122). Two separate public hearings were held, September 30, 2002 and November 6, 2002, for the adopting of original zoning of District Planned Unit Development(PUD)No. 58 for 3.29 acres of • land. The proposed land use complies with the adopted General Plan. On November 6, 2002, the Planning and Zoning Commission recommend adoption of original zoning of Planned Unit Development(PUD) of this tract of land. The zoning request complies with the general plan. Special height and use limitations have been included to provide better compatibility with the abutting residential than if the tract became straight C-1 zoning. The PUD also provides a 10 foot widening for Gattis School Road and requires and 8 foot masonry fence in addition to landscaping behind the Walgreens site in exchange for a reduced setback. Mayor Maxwell opened the public hearing. There being no public testimony,the public hearing was closed. 5.A.3. Consider public testimony regarding an application filed by RR Texas Rainbow Company, a Texas Corporation,to adopt original zoning of District C-1 (General Commercial) on • 16.381 acres of land,more or less, out of the Joseph Marshall Survey,Abstract No. 409, in Williamson County, Texas. (Rainbow Park Tract) Jim Stendebach,Assistant Planning Director made the staff presentation. This tract lies immediately north of Highway 79 and west of County Road 122 at Hwy 79. Since this development is part of the Palm Valley Corridor, the recommendation is for original zoning of District C-1 (General Commercial) to include the Palm Valley Zoning Overlay. The proposed land use complies with the adopted General Plan. There were two separate public hearings held by the Planning and Zoning Commission,August 28, 2002 and September 30, 2002. The recommendations were for original zoning of District C-1 (General Commercial)to include the Palm Valley Zoning Overlay. This is the remaining Rainbow Company Development Tract. It is situated at a commercial node which in turn is located in the Palm Valley Overlay study area. The recommendation is for C-1 with the Palm Valley Overlay. Ron Thrower, a • representative of Texas Rainbow Company,was also there to answer any questions. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: 142 DECEMBER 5,2002 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. *7.A.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Stoney Brook Section 4 subdivision. (First Reading) • *7.A.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Behrens Ranch Phase B Section 2 subdivision. (First Reading) *7.A.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Hidden Glen Phase 1 subdivision. (First Reading) *7.A.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest II, Village II, Phase 2 &3 subdivisions. (First Reading) *8.A 1. Consider a resolution authorizing the closing of portions of East Main Street, Lampasas Street and Sheppard Street between North Mays Street and Burnet Street on December 13, 2002 for Christmas Family Night. *8.A.2. Consider a resolution authorizing the closing of portions of Round Rock Avenue, Mays Street,Main Street, and Sheppard Street on January 18, 2003 for the Annual • Martin Luther King, Jr. Commemorative March. *8.13.1. Consider a resolution authorizing the Mayor to execute a License Agreement with MDSR GP, Inc. for the right to install a masonry wall, landscaping and irrigation systems in the public right-of-way located along Mayfield Ranch Boulevard. MOTION: Councilmember McGraw moved to approve all the items listed in the consent agenda. 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: 7.A.1. Consider an ordinance amending Section 6.503 of the Round Rock Code of Ordinances changing the Inspection Fees for food establishments by the Williamson County& Cities Health District. (Second Reading) Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. The permit/inspection fees that are currently charged by the 143 DECEMBER 5, 2002 Williamson County&Cities Health District for food establishments,including restaurants and mobile food units were established in 1993.Penalty fees were adopted in January of 1995, and daycare fees were adjusted in 1999 to reflect the number of children cared for instead of the number of employees. Since 1993 there have been no increases in these fees. Because.the cost of • conducting inspections has risen due to increases in salaries and benefits, cost of gas and auto maintenance, and general overhead costs these fees no longer cover our cost of conducting food establishment inspections. Palo Pinto, Environmental Director of the Williamson County&Cities Health District was also there to answer any questions. He explained why there was a difference in fees for small restaurants as opposed to bigger restaurants. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 6.503, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS TO CHANGE THE FEES FOR THE INSPECTION OF FOOD ESTABLISHMENTS BY THE WILLIAMSON COUNTY HEALTH DEPARTMENT; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Pitt 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. *7.A.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Stoney Brook Section 4 subdivision. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE • INTERSECTIONS OF PIGEON VIEW STREET AND LORSON LOOP, LORSON LOOP AND SANDY BROOK DRIVE, AND BONNIE LANE AND SANDY BROOK DRIVE AS STOP INTERSECTIONS; PROVIDING FOR,A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *7.A.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Behrens Ranch Phase B Section 2 subdivision. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. 144 DECEMBER 5, 2002 AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF STONECREEK DRIVE AND BEHRENS PARKWAY, STONECREEK PLACE AND STONECREEK DRIVE, CEDAR SPRINGS PLACE AND STONECREEK DRIVE, CRESTFIELD PLACE AND STONECREEK DRIVE, ECHO WOOD PLACE AND STONECREEK DRIVE, STONECREEK DRIVE AND WYOMING SPRINGS DRIVE, AND BEHRENS PARKWAY AND WYOMING SPRINGS DRIVE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *7.A.4. Consider an ordinance authorizing the pleacement of stop signs at various . • intersections in the Hidden Glen Phase 1 subdivision. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF NUELTIN COURT AND HIDDEN GLEN DRIVE, BERWICK DRIVE AND HIDDEN GLEN DRIVE, WESTEND PLACE AND HIDDEN GLEN DRIVE, WESTEND PLACE AN DMESA VERDE DRIVE, HENLEY DRIVE AND WESTEND PLACE, BRYCO COVE AND MESA VERDE DRIVE, MESA VERDE DRIVED AND HIDDEN GLEN DRIVE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *7.A.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest II, Village II, Phase 2 & 3 subdivisions. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF CLEAR SPRING COVE AND COLLINGWOOD DRIVE, SHADY BLUFF COVE AND COLLINGWOOD DRIVE, FOREST CANYON COVE AND COLLINGWOOD DRIVE, COLLINGWOOD COVE AND COLLINGWOOD DRIVE, COOL LAKE COVE AND COLLINGWOOD DRIVE, COLLINGWOOD DRIVE AND FOREST CREEK DRIVE, WOODY COVE AND PINE FOREST COVE, AND PINE FOREST COVE AND FOREST CREEK DRIVE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 7.B.1. Consider an ordinance annexing 3.29 acres of land, more or less, out of the Samuel Jenkins Survey, Abstract No. 347, in Williamson County, Texas. (Walgreens Tract) (First Reading) Jim Stendebach, Assistant Planning Director made the staff presentation. The purpose of the annexation is to establish city services for this development. The access from this tract of land to the Albertson's shopping center(on Gattis School Road)was also discussed. • ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 3.29 ACRES OF LAND, MORE OR LESS, OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, 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 14: 5 DECEMBER 5,2002 EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Coe 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 Councilmember Coe Mayor Maxwell Noes: None ACTION: Themotioncarried unanimously. MOTION: Councilmember McGraw moved 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 Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell • Noes: None ACTION: The motion carried unanimously. 7.B.2. Consider an ordinance adopting original zoning of Planned Unit Development(PUD) No. 58 on 3.29 acres of land,more or less, out of the Samuel Jenkins Survey, Abstract No. 347, in Williamson County, Texas. (Walgreens Tract) (First Reading) Jim Stendebach, Assistant Planning Director made the staff presentation. Two separate public hearings were held, September 30, 2002 and November 6, 2002 for adopting of original zoning of District Planned Unit Development(PUD) No. 58 for 3.29 acres of land. The proposed land use complies with the adopted General Plan. On November 6, 2002,the Planning and Zoning Commission recommend adoption of original zoning of Planned Unit Development(PUD) of this tract of land. Jim Nuse, Chief of Operations/Assistant City Manager, also addressed questions on access to the PUD. 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 ADOPT ORIGINAL ZONING ON 3.29 ACRES OF LAND OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT 347, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS AS PLANNED UNIT DEVELOPMENT(PUD)NO. 58. MOTION: Councilmember Gallahan moved to adopt the ordinance. Councilmember McGraw seconded the motion. 146 DECEMBER 5,2002 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: Mayor Pro-tem Nielson 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. Mayor Maxwell dispensed with the order of the agenda and addressed the following item. 8.B.2. Consider a resolution authorizing the Mayor to execute an Annexation and Development Agreement for Roadway Facilities with RR Texas Rainbow Company for 16.381 • acres of land. (Rainbow Tract) (First Reading). Jim Stendebach, Assistant Planning Director made the staff presentation. The owners of two tracts of land,totaling 16.381 acres, 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 increased traffic that would be generated by the proposed development. The owners wish to proceed with their development without delay and are prepared to enter into an Annexation and Development Agreement to provide their proportionate share of the cost for improving these roads in order to avoid delays in the annexation and zoning of their property. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into an Annexation &Development Agreement for Roadway Facilities with RR Texas Rainbow Company for a tract of land containing 1.795 acres and a tractof land containing 14.586 acres, totalling 16.381 acres of land,' more or less of the Joseph Marshall Survey, A-409, 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 RR Texas Rainbow Company for a tract of land containing 1.795 acres and a tract of land containing 14.586 acres, totalling 16.381 acres of land, more or less out of the Joseph Marshall Survey, A-409, 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 . _ 14-7, DECEMBER 5,2002 ! 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 5th day of December, 2002. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: I • CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Pitt seconded the motion. i 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 Maxwell proceeded with the order of the agenda. i 7.13.3. Consider an ordinance annexing a tract of land containing 1.795 acres of land and a tract of land containing 14.586 acres of land totaling 16.381 acres of land, more or less, out of • the Joseph Marshall Surve Abstract o. 40 i ep y N 9, n Williamson County. Texas (General Commercial). (Rainbow Park Tract) (First Reading) Jim Stendebach, Assistant Planning Director made the staff presentation. These tracts lie immediately north of Highway 79 and east and west of County Road 122 at Hwy 79. The purpose of this annexation is to establish city services for this development. Mr. Stendebach also outlined the buffering along the west side of the property, and how the Palm Valley overlay fits into this plan. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 16.381 ACRES OF LAND, MORE!OR LESS, OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE • ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Pitt moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt 148 DECEMBER 5,2002 : 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. 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. 7.B.4. Consider an ordinance adopting original zoning of District C-1 (General Commercial) on a tract of land containing 14.596 acres of land totaling 16.381 acres of land,more or less, out of the Joseph Marshall Survey Abstract No. 409, in Williamson County, Texas (General Commercial). (Rainbow Park Tract) (First Reading) Jim Steridebach, Assistant Planning Director • made the staff presentation. This tract lies immediately north of Highway 79 and east and west of County Road 122 at Hwy 79. Since this development is part of the Palm Valley Corridor, the recommendation is for original zoning of District C-1 (General Commercial)to include the Palm Valley Zoning Overlay. The proposed land use complies with the adopted General Plan. There were two separate public hearings held by the Planning and Zoning Commission on August 28, 2002 and September 30, 2002. The recommendations were for original zoning of District C-1 (General Commercial)to include the Palm Valley Zoning Overlay. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 16.381 ACRES OF LAND, MORE OR LESS, OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. • 409, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1 (GENERAL COMMERCIAL). 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 i 149 DECEMBER 5,2002 Councilmember Coe Mayor Maxwell Noes: None 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 • 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. RESOLUTIONS: *8.A.1. Consider a resolution authorizing the closing of portions of East Main Street, Lampasas Street and Sheppard Street between North Mays Street and Burnet Street on December 13, 2002 for Christmas Family Night. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the Parks and Recreation Department of Round Rock has requested that East Main Street from Mays Street to Sheppard Street, and Lampasas Street from East Main Street to the alley north of East Main Street be closed from 3:00 p.m. to midnight on December 13, 2002, and that East Main Street from Sheppard Street to Burnet Street, and Sheppard Street from East Main Street to Liberty Avenue be closed from 5:30 p.m. to midnight on December 13, 2002 for Christmas Family Night, and WHEREAS,the Council wishes to grant such request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That East 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 suchimeeting was open to the public as required by law at all times during which this Resolution and the subject 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 December,2002. *8.A.2. Consider a resolution authorizing the closing of portions of Round Rock Avenue,Mays Street, Main Street, and Sheppard Street on January 18, 2003 for the Annual Martin Luther King, Jr. Commemorative March. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Tapestry has requested that the streets along the following parade route be closed from 2:00 o'clock p.m. until 2:30 o'clock p.m. on January 18, 2003 for the Annual Martin Luther King, Jr. Commemorative March: beginning at the 500 block of Round Rock Avenue, east on Round Rock Avenue through Mays Street to Main Street, east on Main Street, north on Sheppard Street, and ending at the Robert G. and Helen Griffith Public Library, and WHEREAS, the Council wishes to grant such request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK; TEXAS, 150 DECEMBER 5,2002 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 5th day of December, 2002. *83.1. Consider a resolution authorizing the Mayor to execute a License Agreement • with MDSR GP,Inc. for the right to install a masonry wall, landscaping and irrigationystems in the public right-of-way located along Mayfield Ranch Boulevard. 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 Mayfield Ranch Boulevard, and WHEREAS, MDSR GP, Inc. desire to exercise certain rights and privileges in the public right-of-way located along Mayfield Ranch Boulevard,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 MDSR GP, Inc. for the right to install a masonry wall, landscaping and irrigation systems in, over and upon the public right-of-way located along Mayfield Ranch Boulevard, 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 5th day of December, 2002. 8.B.2. Consider a resolution authorizing the Mayor to execute an Annexation and Development Agreement for Roadway Facilities with RR Texas Rainbow Company for 16.381 acres of land. (Rainbow Tract) (First Reading) This item was addressed after item 7.B.2. 8.C.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with WHM Transportation Consultants, Inc. for the design of traffic signals at the intersection of Creekbend Boulevard and FM 3406. Jim Nuse, Chief of Operations/Assistant City made the staff presentation. Preliminary traffic studies had indicated that Creekbend Boulevard and FM 3406 met traffic signal warrants. Since the original contract,WHM Transportation Engineering Consultants, Inc.,has completed Stage 1 work which involved preparing a traffic signal warrant analysis for the proposed traffic signal installation. After the Texas Department of Transportation reviewed the warrant study, and determined that a signal was not warranted, WHM proceeded to Stage 2. Stage 2 at a cost of$2,200 would include additional work of(1) completing and submitting a signal warrant study to the Texas Department of Transportation; (2) obtaining and reviewing accident data from the Department of Public Safety and the . . _ 151 DECEMBER 5, 2002 Round Rock Police Department; and(3) completing and submitting an additional signal warrant study containing an accident analysis to TxDOT. Staff recommends an approval. The cost of this Agreement would be$2,200, and the source of funds would be from the Round Rock Transportation System Development Corporation. • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract for engineering services ("Contract") with WHM Transportation Engineering Consultants, Inc. for the design of traffic signals at the intersection of Creekbend Boulevard and FM 3406, and WHEREAS, WHM Transportation Engineering Consultants, 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 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 Supplemental Agreement No. 1 to the Contract for Engineering Services with WHM Transportation Engineering Consultants, 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 5th day of December, 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. 8.C.2. Consider a resolution authorizingthe he Mayor to execute an agreement with Oncor • Energy Delivery Company for the A.W. Grimes Boulevard,Phase I Street Lighting Project, Part 2. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. The City of Round Rock has requested that Oncor Electric Delivery Company provide street lighting facilities sufficient to provide underground electric service to 56-250 watt BPS street lights on 40 foot anchor base poles along both sides of A.W. Grimes Boulevard north of Gattis School Road 152 DECEMBER 5, 2002 to the end of the current phase one. The total cost of this agreement will be $112,385.00, and the source of funds will be from the Round Rock Transportation System Development Corporation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain electrical services for the A. W. Grimes Boulevard,Phase I Street Lighting Project,Part 2, and WHEREAS, Oncor Energy Delivery Company has submitted an Agreement for electrical • services to provide said services, and WHEREAS, competitive bids were not necessary for this project because it is for utility related items that are available from only one source, namely Oncor Energy Delivery Company, and WHEREAS, the City Council desires to enter into said agreement with Oncor Energy Delivery Company,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for electrical services with Oncor Energy Delivery Company, for the A. W. Grimes Boulevard, Phase I Street Lighting Project, Part 2, 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 5th day of December, 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: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None, ACTION: The motion carried unanimously. COUNCIL COMMENTS: None EXECUTIVE SESSION: 10.A. Executive Session as authorized by 051.074 Government Code,related to the • purchase of 75.84 acres of land from Sadie M. Wall for parkland and/or road right-of-way_ The Council entered into Executive Session at 7:54 p.m. Councilmember Coe disclosed that he would not be participating in the discussion or vote concerning this Executive Session item due to a conflict of interest. Councilmember Coe left the Executive Session Chamber. The Council proceeded with the Executive Session. The Council adjourned the Executive Session at 8:26 p.m. 153 DECEMBER 5,2002 ACTION RELATIVE TO EXECUTIVE SESSION: 1 LA. Consider discussion and/or action related to the purchase of 75.84 acres of land from Sadie M. Wall for parkland and/or road right-of-way MOTION: Councilmember Pitt moved that staff proceed as discussed in the Executive • Session. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Mayor Maxwell Noes: None Councilmember Coe did not participate in the vote. ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 8:27 p.m. Re p ctfully Submitted, Christine R. Martinez, City Secretary • 154 DECEMBER 17,2002 The Round Rock City Council met in Executive Session on Tuesday, December 17, 2002 at the Robert G. and Helen Griffith Public Library in the Mayor's office, which is located on the second floor at 216 East Main Street. CALL EXECUTIVE SESSION TO ORDER—9:00.A.M. ROLL CALL: Those membersN were resent Mayor le Maxwell Mayor Pro-tem Tom • p Y Y Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 051.074 Government Code, to deliberate the appointment of a new City Manager. The Council entered into Executive Session at 9:05 a.m. with Mr. Don Norrell, applicant for the position of City Manager and recessed at 11:05 a.m. The Council reconvened into Executive Session at 3:05 p.m. with Mr. Jim Nuse, applicant for the position of City Manager and adjourned at 5:05 p.m. ADJOURNMENT • There being no further business, the meeting adjourned at 5:05 p.m. R p ctfiilly Submitted, , Christine R. Martinez, City Secretary • DECEMBER 18,2002 The Round Rock City Council met in Executive Session on Wednesday, December 18, 2002 at the Robert G. and Helen Griffith Public Library in the Mayor's office, which is located on the second floor at 216 East Main Street. CALL EXECUTIVE SESSION TO ORDER—9:00 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. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 051.074 Government Code, to deliberate the appointment of a new City Manager. The Council entered into Executive Session at 9:06 a.m. with Mr. Bruno Rumbelow, applicant for the position of City Manager and recessed at 11:20 a.m. The Council reconvened into Executive Session at 3:10 p.m. with Mr. Steve Lewis, applicant for the position of City Manager and adjourned at 5:10 p.m. • ADJOURNMENT There being no further business,the meeting adjourned at 5:10 p.m. Respectfully Submitted, Christine R. Martinez,,City Secretary • . 56 DECEMBER 19, 2002 The Round Rock City Council met in Executive Session on Thursday, December 19, 2002 at the Robert G. and Helen Griffith Public Library in the Mayor's office, which is located on the second floor at 216 East Main Street. CALL EXECUTIVE SESSION TO ORDER—2:00 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, Councilmember Isabel Gallahan and Councilmember Gary Coe. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 051.074 Government Code, to deliberate the appointment of a new City Manager. The Council entered into Executive Session at 2:06 p.m. and adjourned at 6:45 p.m. ADJOURNMENT There being no further business, the meeting adjourned at 6:46 p.m. Respectfully Submitted, CA� Christine R. Martinez City Secret • • 157 DECEMBER 19,2002 The Round Rock City Council met in Regular Session on Thursday, December 19, 2002, in the City Council Chamber,221 E. Main Street. ALL REGULAR SESSION N 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: 4.A. Recognizing Gattiland Entertainment and MUSCO Lighting for their support of the State TAAF Flag Football Tournaments. Rick Atkins,Assistant PARD Director, and Mike Hemker made the staff presentation. George Cash and Patti Kautz of Gattiland and Todd Spears of MUSCO Lighting were presented jackets and commemorative footballs from the Parks and Recreation Department for all their support during the State TAAF Flag Football Tournaments. Kenneth Snyder, 4406 North Ridge Road, expressed his personal opinion on how his • communication to the Council was being handled regarding the water situation in Northridge Acres. Caleb Bissette, 810 Cactus Drive, expressed his concern on how Mr. Snyder's communication to the Council was being handled regarding Northridge Acres and of the water situation in Northridge Acres. Ladonna Bogdany, 1611 Sam Bass Road asked the Council to waive the water impact fees to her property due to the proposed condemnation of a portion of her property for the LCRA wastewater line easement. PROCLAMATIONS: S.A. Consider a proclamation recognizing Olivia Castillo Lopez. This item was withdrawn from the agenda and will be addressed at the January 9, 2003 Council meeting. • CONSENT AGENDA: G NDA: 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 number 9.A.1. was removed from the consent agenda and addressed in the normal sequence of the agenda. - DECEMBER 19,2002 *7.A. Consider approval of the City Council meeting minutes for the Executive Session September 18, 2002,Regular Session of November 26 2002 and Executive Session of December 5, 2002 and Regular Session of December 5, 2002. *8.A.1. Consider an ordinance amending Section 6.503 of the Round Rock Code of Ordinances changing the Inspection Fees for food establishments by the Williamson County& Cities Health District. ( Second Reading) *8.A.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Stoney Brook Section 4 subdivision. (Second Reading) *8.A.3. Consider an ordinance authorizing the Oacement of stop signs at various intersections in the Behrens Ranch Phase B Section 2 subdivision. (Second Reading) *8.A.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Hidden Glen Phase 1 subdivision. (Second Reading) *8.A.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest II, Village II,Phase 2 &3 subdivisions. (Second Reading) *9.A.1. Consider a resolution waiving water and wastewater impact fees for Consolidated Metal Technologies. This item was removed from the consent agenda and • addressed in the normal sequence of the agenda. *9.C.2. Consider a resolution siipporting the Texas Municipal League in urging the Texas Legislature to ensure adequate funding for the Texas Parks and Recreation Account. *9.D.1. Consider a resolution authorizing the Mayor to execute an Agreement for Enzineering Services with Alliance-Texas Engineering Company, Inc. for the design of traffic signals at McNeil/Oakridge,McNeil/St. Williams, Gattis School Road/High County Boulevard, and Gattis School Road/CR 122. *9.D.4. Consider a resolution authorizing the Mayor to execute Supplemental Ajreement No. 2 to the Contract for Engineering Services with Rodriguez&Huggins, 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. *9.D.5. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 6 to the Contract for Engineering Services with Earth Tech Transportation Services, Inc. for the Dell Way project. *9.D.6. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Contract for Engineering Services with HDR Engineering, Inc. for a 159 DECEMBER 19,2002 preliminary programming report forAhe IH 35 modifications from Chandler Road to Westinghouse Road. *9.D.7. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 to the Contract for Engineering Services with Carter&Burgess, Inc. for improvements to US 79 from FM 1460 to CR 195. • *9.D.8. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Contract for Professional Services with S.D. Kallman, L.P. for the Westinghouse Wastewater Interceptor Project. *9.D.9. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Contract for Engineering eering Services with HDR Engineering,eering, Inc. for the design of the East Water Transmission Line(Phase 11)Improvements. *9.D.11. Consider a resolution authorizing the Mayor to execute a Gas Line Easement to TXU Gas Company for the relocation of a high-pressure gas line at the Municipal Office Complex. MOTION: Councilmember Knight 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 Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7.A. Consider approval of the City Council meeting minutes for the Executive Session September 18, 2002,Regular Session of November 26, 2002 and Executive Session of December 5, 2002 and Regular Session of December 5, 2002. This item was approved under-the consent agenda. ORDINANCES: * 8.A.1. Consider an ordinance amending Section 6.503 of the Round Rock Code of Ordinances changing the Inspection Fees for food establishments by the Williamson County& Cities Health District. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 6.503, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS TO CHANGE THE FEES FOR THE INSPECTION OF FOOD ESTABLISHMENTS BY THE WILLIAMSON COUNTY HEALTH DEPARTMENT; 160 DECEMBER 19,2002 PROVIDING FOR A SAVINGS_CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.A.2. Consider an ordinance authorizing the placement of stop signs at various intersection in the Stoney Brook Section 4 subdivision. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF PIGEON VIEW STREET AND LORSON LOOP, LORSON LOOP AND SANDY BROOK DRIVE, AND BONNIE LANE AND SANDY BROOK DIRVE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.A.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Behrens Ranch Phase B Section 2 subdivision. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE: TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF STONECREEK DRIVE AND BEHRENS PARKWAY, STONECREEK PLACE AND STONECREEEK DRIVE, CEDAR SPRINGS PLACE AND STONECREK DRIVE, CRESTFIELD PLACE AND STONECREEK DRIVE, ECHO WOOD PLACE AND STONECREEK DRIVE, STONECREEK DRIVE AND WYOMING SPRINGS DRIVE, AND BEHRENS PARKWAY AND WYOMING SPRINGS DRIVE AS STOP INTERSECTIONS; • PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.A.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Hidden Glen Phase 1 subdivision. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF NUELTIN COURT AND HIDDEN GLEN DRIVE, BERWICK DRIVE AND HIDDEN GLEN DRIVE, WESTEND PLACE AND HIDDEN GLEN DRIVE, WESTEND PLACE AND MESA VERDE DRIVE, HENLEY DRIVE AND WESTEND PLACE, BRYCO COVE AND MESA VERDE DRIVE, MESA VERDE DRIVE AND HIDDEN GLEN DRIVE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. ' *8.A.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest II, Village IL Phase 2 & 3 subdivisions. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF CLEAR SPRING COVE AND COLLINGWOOD DRIVE, SHADY BLUFF COVE AND COLLINGWOOD DRIVE, FOREST CANYON COVE AND COLLINGWOOD DRIVE, COLLINGWOOD COVE AND COLLINGWOOD DRIVE, COOL LAKE COVE AND COLLINGWOOD DRIVE, COLLINGWOOD DRIVE AND FOREST DECEMBER 19,2002 CREEK DRIVE, WOODY COVE AND PINE FOREST COVE, AND PINE FOREST DCOVE AND FOREST CREEK DRIVE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: *9.A.1. Consider a resolution waiving water and wastewater impact fees for Consolidated Metal Technologies. This is the item that was removed from the consent agenda to be addressed at this time. Nancy Yawn, Business Development/Public Affairs Director made the staff presentation. Consolidated Metal Technologies (CMT)has employed 40 - 100 employees in Round Rock for over fifteen years and currently employ 60 people. They are in the metal finishing business for the tech and automotive industries. CMT is making a sizeable investment in a new cleaning system and a class one-thousand clean room to better serve their tech clients. The improvements also enable CMT to pursue the medical business for metal implants that.have to be processed and packaged. Their water usage will increase from 1.5 LUE's to 5 LUE's. Terry Burgess,President and owner of Consolidated Metal Technologies outlined the purpose of the request. RESOLUTION NO. • WHEREAS, Consolidated Metal Technologies ("CMT") has employed forty to one hundred employees in Round Rock for over fifteen years and currently employs sixty people, and WHEREAS, CMT is investing in a new cleaning system which will add an additional twenty jobs to their payroll, and WHEREAS, this new cleaning system will require an increase in water usage, and consequently CMT will require a larger water meter, and WHEREAS, in accordance with §10.204(7) of the Code of Ordinances, the City Council hereby determines that it is in the best interest of the City to waive water and wastewater impact fees, and WHEREAS, the City Council also determines that such waiver of fees will result in economic benefit to the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the water and wastewater impact fees be waived for the expansion of Consolidated Metal Technologies. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 19th day of December, 2002. • NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight 162 DECEMBER 19, 2002 Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 9.B.1. Consider a resolution approving the budget and authorizingtpenditure of funds for capital repairs work at the Convention Center Complex (Dell Diamond). David Kautz, Chief Financial Officer made the staffp resentation. As stated in the Convention Center • Complex Lease Agreement,the Lessee(Round Rock Baseball)must provide the City a proposed schedule and budget for Capital Repair Work to be performed at the Complex. The City, as owner of the Complex, must pay for applicable capital repairs from Hotel Occupancy Taxes set aside in a Capital Repair Work Account. The proposed expenditures from the Capital Repair Account would be to re-carpet the convention center and stadium at a cost of$50,000'and to repair and raise the netting at a cost of$10,000 with improvements to be completed in 2003. RESOLUTION NO. WHEREAS, in accordance with the Convention Center Complex Lease Agreement between the City of Round Rock ("Lessor") and Ryan Sanders Ryan, Inc., now known as Round Rock Baseball, Inc., ("Lessee"), Lessee is required to provide Lessor with a proposed schedule for and budget of proposed Capital Improvement Work and Capital Repair work to be performed at the Complex, and • WHEREAS, Lessee has provided the City of Round Rock with said schedule and budget, a copy of which is attached hereto as Exhibit"A" and incorporated herein for all purposes, and WHEREAS, the City Council wishes to authorize the expenditure of funds for said capital repair work,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the expenditure of funds for capital repair work at the Convention Center Complex, in accordance with Exhibit"A", 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 19th day of December, 2002. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas 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 Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. DECEMBER 19,2002 9.C.1. Consider a resolution authorizing the MUor to execute an Agreement for Consulting Services with Halff Associates, Inc. for a Comprehensive Master Plan for the City- Wide Trail System. James Hemenes, RLA, ASLA, Park Planner made the staff presentation. Based on the most recent City-Wide Surveys, Trails have been identified as the number one request by citizens for recreation opportunities. From this, the City-Wide Trail System CIP Program was formed. The Parks and Recreation Department. ARD has been tasked with developing hike and bike trails for recreation, as well as connectivity. Through the current CIP Program, PARD has substantially completed construction of two trail projects at Old Settlers Park, and will be beginning the Planning and Design of a third along the Brushy Creek Corridor after the first of the year. This design should be'in place by fall of 2003. This contract will provide for the development of a Comprehensive Master Plan for the City of Round Rock's City- Wide Trail System. This plan will identify key opportunities and constraints of potential trail corridors throughout the City, which will subsequently speed up development of those corridors as funding comes available. The cost of this Master Plan will be a total of$75,389.00. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain consulting services for the development of a Comprehensive Master Plan for the City-Wide Trail System, and WHEREAS, Halff Associates, Inc. has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Halff Associates, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That. the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services with Halff Associates, Inc., for the development of a Comprehensive Master Plan for the City-Wide Trail 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 19th day of December,2002. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas • 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 164 DECEMBER 19, 2002 Mayor Maxwell Noes: None ACTION: The motion carried unanimously. *9.C.2. Consider a resolution supporting the Texas Municipal League in urging the Texas Legislature to ensure adequate funding for the Texas Parks and Recreation Account This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the recreation and park system under the jurisdiction of municipalities, counties,regions and state forms a valuable network of opportunities for Texans, and WHEREAS,providing recreational opportunities to youth has been shown to decrease the rate of juvenile crime, and WHEREAS, providing a system of parks with opportunities for recreation and exercise leads to a Healthier population, and WHEREAS,the quantity and quality of park and recreation facilities provides an incentive for economic development, and WHEREAS, conservation and preservation of cultural and natural resources in a park system provides an educational opportunity for current and future generations of residents and visitors to an area, and WHEREAS, juvenile crime prevention, public health, economic development, and education represent key elements in the quality of life of the community and promotion of strong family values, and WHEREAS, additional funds from the state for the promotion and enhancement of the integrated state park and recreation system are solely needed, and WHEREAS, additional funds for support of community based outdoor outreach programs to integrate youth into constructive activities in the outdoors are sorely needed, and WHEREAS, increasing.population and changing demographics within the population • present a significant development challenges for the providers of parks and recreation facilities to insure adequacy and relevancy of facilities,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock supports the Texas Municipal League in urging the Texas Legislature to ensure adequate funding for the Texas Parks and Recreation Account. The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 19th day of December, 2002. *9.D.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Alliance-Texas Engineering Company, Inc. for the design of traffic signals at McNeil/Oakridge,McNeil/St. Williams, Gattis School Road/High County Boulevard, and Gattis School Road/CR 122. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of traffic signals at McNeil/Oakridge, McNeil/St. Williams; Gattis School Road/High Country Boulevard, and Gattis School Road/CR 122, and WHEREAS, Alliance-Texas Engineering Company, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Alliance-Texas Engineering 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 an Agreement for Engineering Services with Alliance-Texas Engineering Company, Inc., for the 165 DECEMBER 19,2002 design of traffic signals at McNeil/Oakridge, McNeil/St. Williams, Gattis School Road/High Country Boulevard, and Gattis School Road/CR 122, 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 19th day of December, 2002. • 9.D.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Camp Dresser&McKee, Inc. for the development of a stormwater managementprogram. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. The Phase H Storm Water Management Program requires operators of certain small municipal separate storm sewer systems (MS4s)to develop and implement a storm water program. In an effort to further improve water quality in streams an lakes,the EPA developed the storm water program to control polluted runoff from urban areas. Phase I of the program, issued in 1990,required cities with a population greater than 100,000 to develop a storm water management program. Phase II is the second stage of the EPA's storm water management program requirements. It affects many small cities, some counties and other entities that operate MS4s in urbanized and other densely populated areas. Round Rock is affected by the Phase H rule. To comply with the Phase II general permit requirements, each regulated small MS4 is required to submit a Notice of Intent to obtain storm water permit coverage by March 10, 2003. The initial submission for permit coverage must detail the programs, activities, and measurable goals that will be implemented over the five-year permit term. Reports detailing the progress of the storm water management program must be submitted to the TCEQ on an annual basis for the first permit term. The total cost of this Agreement would be$52,700. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the development of a stormwater management program to improve water quality by controlling polluted runoff from urban areas, and WHEREAS, Camp Dresser & McKee, Inc. has submitted an Agreement for,Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Camp Dresser & McKee,Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Camp Dresser & McKee, Inc., for the development of a stormwater management program to improve water quality by conrolling polluted runoff from urban areas, 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 166 DECEMBER 19,2002 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 19th day of December, 2002. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight 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. 9.D.3. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Huggins/Seiler&Associates, L.P. for planning,preliminary design, plan preparations,traffic simulation/modeling and other associated tasks and services. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. In order to respond quickly to capacity and citizen concerns staff desires to create an expedited engineering process and supplement City staff during heavy demand periods. The total cost of this project would be $250,000. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for planning, preliminary design, plan preparations, traffic simulation/modeling and other associated tasks and services, and WHEREAS,. Huggins/Seiler & Associates, L.P. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement 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 an Agreement for Engineering Services with Huggins/Seiler & Associates, L.P., for planning, preliminary design, plan preparations, traffic simulation/modeling and other associated tasks and 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 19th day of December, 2002. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 167 DECEMBER 19, 2002 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. *9.D.4. Consider a resolution authorizingthe e Mavor to execute Supplemental Agreement No. 2 to the Contract for Engineering Services with Rodriguez and Huggins, 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. 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 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. 2 to the Contract for a change in the scope of services and to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 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. 2 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 19th day of December, 2002. *9.D.5. Consider a resolution authorizing the Mavor to execute Supplemental Agreement No. 6 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. 6 to the Contract for Engineering Services to extend the contract date, and 168 DECEMBER 19,2002 WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 6 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. 6 to the Contract for Engineering. Services with Earth Tech Transportation Services, Inc., 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 19th day of December, 2002. *9.D.6. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. I to the Contract for Engineering Services with HDR Engineering, Inc. for a preliminary programming report for the IH 35 modifications from Chandler Road to Westinghouse Road. 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 a preliminary programming report for the IH 35 modifications from Chandler Road to Westinghouse Road, and for the development of a parallel arterial to IH 35, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Agreement No. 1 to the Contract to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 to the Contract with HDR Engineering,Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Contract with HDR Engineering, 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 pon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 19th day of December, 2002. *9.D.7. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 to the Contract for Engineering Services with Carter&Burgess, Inc. for improvements to US 79 from FM 1460 to CR 195. 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 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. 5 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. 5 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. 5 to the Contract with Carter & Burgess, Inc., a copy of said 69. DECEMBER 19,2002 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 19th day of December, 2002. *9.D.8. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Contract for Professional Services with S.D. Kallman, L.P. for the Westinghouse Wastewater Interceptor 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 S.D. Kallman, L.P. for-the design of the Westinghouse Wastewater Interceptor, and WHEREAS, S.D. Kallman, L.P. has submitted Supplemental Agreement No. 2 to the Contract for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with S.D. Kallman, 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. 2 to the Contract with S.D. Kallman, L.P., 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 19th day of December, 2002. *9.D.9. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Contract for Engineering Services with HDR Engineering, Inc. for the design of the East Water Transmission Line(Phase II) 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 design of the East Water Transmission Line(Phase II) Improvements, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Agreement No. 1 to the Contract to extend the contract date, and • WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 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 Supplemental Agreement No.. 1 to„the. Contract with HDR Engineering, Inc., _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 19th day of December,2002. 170 DECEMBER 19, 2002 9.D.10. Consider a resolution authorizing the Mayor to execute a contract with Benitez Construction Company, Inc. for a Water Improvements Project to relocate two 30-inch raw water lines near D.B. Woods Road. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. Williamson County is constructing road improvements on D.B. Woods Road. The construction activities will cross over the City's 30-inch Raw Water Line in one location and the City's parallel 30-inch Raw Water Line in two locations requiring the lowering of approximately 500 linear feet of our Raw Water Lines. The City requested and received four quotes from contractors for this work. These quotes ranged from$211,778.00 to $437,000.00. Due to the aggressive schedule of Williamson County's Road Projects we had to forgo the formal bidding process to ensure the health and safety of our water customers. Benitez Construction Company, Inc. will provide the service for these improvements at a cost of$211,788.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Water Improvements Project to relocate two 30-inch raw water lines near D.B. Woods Road, and WHEREAS, Benitez Construction Company, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Benitez 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 Benitez Construction Company, Inc. .for the Water Improvements Project to relocate two 30-inch raw water lines near D.B. Woods Road. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 19th day of December, 2002. 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. *9.D.11. Consider a resolution authorizing the Mayor to execute a Gas Line Easement to TXU Gas Company for the relocation of a high-pressure gas line at the Municipal Office Complex. This item was approved under the consent agenda. RESOLUTION NO. S 1 71 DECEMBER 19,2002 WHEREAS, a gas line currently exists in a portion of Bagdad Street that must be relocated for the construction of the Senior Activity Center at the Municipal Office Complex, and WHEREAS, until the gas line is relocated, TXU Gas Company requires an easement on the property,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 Gas Line Easement to TXU Gas Company, a copy of said Easement 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 19th day of December, 2002. 9.D.12. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Oncor Electric Delivery Company for the purchase ofproperty for the new downtown Fire Station. Jim Nuse, Chief of Operations/Assistant City Manager made the staff presentation. Oncor has shown a desire to sell this property in the past to the City. The City staff has been told that it is in Oncor's business development plan to sell. The total cost that was requested for this property was $160,000.00. At this point, Councilmember McGraw requested an Executive Session to deliberate the purchase cost of the property from Oncor Electric Delivery Company. • Mayor Maxwell announced that the Council would recess into Executive Session as authorized by§551.072 Government Code, related to the purchase of real property. The Council recessed into Executive Session at 8:02 p.m. and adjourned back into Regular Session at 8:05 p.m. RESOLUTION NO. WHEREAS, the City desires to purchase property situated on Lots 1-5, Block 7, City of Round Rock, Williamson County, Texas, located at 108 Blair Street, for the new downtown Fire Station, and WHEREAS, Oncor Electric Delivery Company, 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 Oncor Electric Delivery Company for the purchase of the above described property for$160,000.00 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 19th day of December, 2002. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 1, 7 2 DECEMBER 19,2002 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. 9.D.13. Consider a resolution determining that "competitive sealed proposals for construction services" is the delivery method, which provides the best value for the City for construction of the PARD Buildings and Yardsite Relocation Project. Jim Nuse, Chief of Operation/Assistant City Manager made the staff presentation. Effective September 1, 2001, Texas Local Government Code §271.113 allows cities to use certain methods other than competitive bidding in entering into contracts for construction of facilities. One such method is "competitive sealed proposals for construction services." 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 governmental entity." 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 the PARD Buildings and Yardsite Relocation Project, and WHEREAS, the statute requires that a project-by-project determination be made as to which method provides the best value for the governmental entity as to a particular project, and WHEREAS, the Council. has determined that this project would be best served by utilizing the"competitive sealed proposals for construction services,"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 •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 "competitive sealed proposals for construction services" is the delivery method which provides the best value for the City for construction of the PARD Buildings and Yardsite Relocation 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. } 1 '73 DECEMBER 19,2002 RESOLVED this 19th day of December, 2002. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas 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. NEW BUSINESS: 10.A. Consider discussion and appointment of anew City Manager. Mayor Maxwell announced that the Council would recess into Executive Session as authorized by§551.074 Government Code, to deliberate the appointment of a new City Manager. The Council recessed to the Conference Room No. 309 on the 3rd Floor of City Hall, 221 • E. Main Street and entered into Executive Session at 8:30 .m. and adjourned back into Regular p J � Session at 10:39 p.m. MOTION: Councilmember McGraw moved to appointment Jim Nuse as City Manager. 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. COUNCIL COMMENTS.,None • ADJOURNMENT: There being no further business, the meeting adjourned at 10:45 p.m. Respectfully Submitted, i Christine R. Martinez, City Secretary 174 JANUARY 9,2003 The Round Rock City Council met in Regular Session on Thursday, January 9, 2003, 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 Nyle Maxwell,Mayor Pro-tem Tom Nielson Councilmember Alan McGraw Councilmember Carrie Pittouncilm m • C e ber Scot Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Charlie Culpepper, 1901 Shadowbrook Circle, invited the Council and citizens to the Mid-Winter Baseball Banquet on February 1, 2003 that would be held at the Dell Diamond. The Sertoma Club is sponsoring this event. Kenneth Snyder, 4406 North Ridge, expressed his concern of the water situation in Northridge Acres which is located outside the city limits of Round Rock. Caleb Bissett, 810 Cactus Drive, thanked the Council and Jim Nuse for trying to help Northridge Acres with their water situation. • Mr. Nuse announced that a presentation would be given at the next Council meeting regarding the history and status of the water situation of Northridge Acres. John Gordon, 1007 Green Meadow, asked the Council to focus on roads that would cross Brushy Creek on the east side of the City. PROCLAMATIONS AND SPECIAL PROCEEDING: . S.A. Consider a proclamation recognizing Olivia Castillo Lopez. Mayor Maxwell read the following proclamation and presented it to Ms. Lopez. Whereas, Olivia Castillo Lopez was born,raised and educated in Round Rock; and Whereas, Olivia the eldest of 14 children set high goals for herself only to reach those goals and to add new goals; and Whereas, one of Olivia's goals was to open a business in 1959 which was almost unheard of in that time for a woman to run a business and even more difficult for them to be successful; • and Whereas, Olivia pursued another goal in her life which is art, design and painting only to excel in the company of the best watercolor artists by winning several awards for her watercolor paintings; and Whereas, Olivia's inspiration, determination and enthusiasm has helped her achieve her goals in life, Now Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby recognize Olivia Castillo Lopez as an exemplary role model for the youth of our community proving that if you set your goals and never loose sight of them they can be reached. Proclaimed this 91h day of January 2003. 175 JANUARY 9,2003 Ms. Lopez thanked the Council and gave a brief overview of the art work that she brought in for the Council to view. S.B. Swear in James R.Nuse as the newly appointed City Manager. Mr.Nuse was sworn into the position of City Manager by Judge Dan McNery. 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. *7.A. Consider approval of the City Council meeting minutes for the Executive Session December 17, 2002, Executive Session of December 18, 2002, Executive Session of December 19, 2002 and Regular Session of December 19, 2002. *8.A.1. Consider an ordinance authorizing an all-way stop at the intersection of Meandering Way and Woodland Lane. (First Reading) *9.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. • *9.B.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the Office-of the Governor, Criminal Justice Division for financial assistance to hire and equip two part-time Victim's Assistance personnel. MOTION: Councilmember Coe moved to approve all the items listed fif the consent agenda. 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. APPROVAL OF MINUTES: • *7.A. Consider approval of the City Council meeting minutes for the Executive Session December 17, 2002, Executive Session of December 18, 2002, Executive Session of December 19, 2002 and Regular Session of December 19, 2002. This item was approved under the consent agenda. ORDINANCES: 176 JANUARY 9, 2003 *8.A.1. Consider an ordinance authorizing an all-way stop at the intersection of Meandering Way and Woodland Lane. (First Reading) This item was approved under the consent agenda, and will need a second reading. ORDINANCE-NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF MEANDERING WAY AND WOODLAND LANE AS AN ALL-WAY • STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: *9.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 9th day of January, 2003. *9.B.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the Office of the Governor, Criminal Justice Division for financial assistance to hire and equip two part-time Victim's Assistance personnel. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Office of the Governor, Criminal Justice Division ("CDJ") has grant funds available to cities for various law enforcement projects, and WHEREAS, grant funds are available for the Victims Assistance Program to partially fund two part-time Victims Assistance personnel, and WHEREAS, the City Council wishes to make application for grant to provide financial • assistance for the above-described positions, and WHEREAS, the grant requires match by the City, and the City Council wishes to approve said match, and WHEREAS, in the event of loss or misuse of CJD grant funds, the City of Round Rock assures that the funds will be returned to the CJD in full,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: 1. The Mayor is hereby authorized and directed to make the necessary application for the above-described grant; 2. The match by the City is approved; and . 177 JANUARY 9,2003 3. In the event of loss or misuse of CJD grant funds, the funds will be returned to the CJD in full. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 January,2003. • 9.C.1. Consider a resolution authorizing the Mayor to execute a contract with Black& Veatch Corporation for the water and wastewater rate study. Bill White,Finance Director made the staff presentation. As Round Rock has grown, so have the capital and operational needs of the water and wastewater utilities. It has been a number of years since the City has performed a formal rate study for the utilities. The City recently sent requests for proposals to a number of reputable rate consulting firms for the purpose of performing such a study. The study will provide the City with a powerful tool for financial planning. After reviewing the proposals, the field was narrowed down to three finalists for interview. Representatives from both the utilities and the Finance Department participated in these interviews. Of the three finalists it was determined that Black&Veatch Corporation were the best-qualified firm to conduct the study. The cost of this study will be up to $75,000.00. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain consulting services for the development of a water and wastewater rate study, and WHEREAS, Black & Veatch Corporation has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Black & Veatch Corporation,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on*behalf of the City an Agreement for Consulting Services with Black & Veatch Corporation, for the development of a water and wastewater rate study, 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 9th day of January, 2003. • 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 178 JANUARY 9, 2003 Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 9.D.1. Consider a resolution authorizing the Mavor to execute a Contract for Construction Services for Senior Citizen Roof with Oliver Roofing Systems for roof rep air at the • Senior Center. Rick Atkins,Assistant Parks and Recreation Director made the staff presentation. The Senior Center roof has been an ongoing issue for several years. The roof has been patched on more than one occasion. Due to continuing deterioration, it is now apparent the roof needs to be replaced. Through the Community Development Block Grant program, the City has been able to secure funding. The repair of this roof will provide a stable environment for the Parks and Recreation Department to house the Senior Center. The total cost for the roof repairs would be$24,870.00. RESOLUTION NO. WHEREAS, the City of Round Rock has a need for roof repair at the Senior Citizen Center, and WHEREAS, pursuant to Section 252.021(a) of the Local Government Code, bids were not • required since the cost will be less than$25,000, and WHEREAS, Oliver Roofing Systems has submitted a Contract for Construction Services for Senior Citizen Center Roof to provide said services, and WHEREAS, the City Council wishes to enter into said contract with Oliver Roofing Systems, 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 Construction Services for Senior Citizen Center Roof with Oliver Roofing Systems, 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 9th day of January, 2003. NYLE MAXWELL, 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: . Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe JANUARY 9, 2003 Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 9.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 with Baker-Aicklen&Associates, Inc. for CR 122 Improvements Proiect, from Forest Creek to Hi way 79. Tom Word,Director of Transportation made the staff presentation. The • Council approved the original contract for this project on May 13, 1999. The project consisted of preparation of right of way documents, construction plans, specifications, and estimates for the interim widening of CR 122 from Forest Creek Drive to Brushy Creek. The preparation of a right of way schematic and a roadway design schematic for the future widening of CR 122 from Forest Creek Drive to US 79 to a 4-lane divided arterial. Supplemental Agreement No. 1 was approved on April 26, 2001,which modified the Scope of Work to include the preparation of a traffic control plan. An additional services agreement was approved on September 13, 2001 for the placement of right of way lathes every 50 feet on additional takings on CR 122. This work was at a cost of$1,400 and brought the contract total to $182,900. Approval of Supplemental Agreement No. 2 allowed for the placement of right of way lathes for six additional properties. • Supplemental Agreement No. 3 would provide for additional drainage investigation and hydraulic design, sidewalk investigation at all drainage structures (Phase I: Design Surveys, Phase II: Forest Creek Drive to Gattis School Road), extension of the design effort from Forest Creek Drive to Gattis School Road and right-of-way surveys from Forest Creek Drive to Gattis School Road. The engineer has agreed,to perform the additional work for$134, 657.31 bringing the contract total to $318, 457.31. 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. 3 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. 3 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. 3 to Contract with Baker-Aicklen & Associates, Inc. for a change in the scope of services, a copy of said Supplemental Agreement No. 3 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 January, 2003. 180 JANUARY 9,2003 NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary " MOTION: Councilmember Coe moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Y Ayes:' Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 9.E.2. Consider a resolution authorizing the Mayor to execute a contract with Camp Dresser&McKee, Inc. for Preliminary Engineering Services for a membrane water treatment facility at the Lake Creek well site. Tom Clark, Director of Utilities made the staff presentation. The quality of water from the City's existing groundwater wells has been steadily declining over the years. Last summer the City experienced high manganese levels from well V. Manganese is not a health risk,but causes water to turn red and/or black color at the customer's tap. Just • recently while attempting to place well#4 back in service after construction activities,we experienced difficulty getting the well to pass bacteriological tests. The groundwater well supply is a valuable source of water to the City, capable of producing from 4 to 8 (million gallons per day)mgd. During the summer of 2001, a membrane pilot plant test was conducted at the well#7 site in order to test and evaluate membrane treatment's ability to remove manganese from the water. These tests were successful in removing manganese. The work under this contract is to prepare preliminary design drawings, specifications and a preliminary engineering report required for the future construction of a Membrane Water Treatment Plant at our existing Lake Creek site. The total cost for engineering services would be$79,000.00. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain engineering services for a membrane water treatment facility at the Lake Creek well site, and WHEREAS, Camp Dresser & McKee, Inc. has submitted a Contract for Engineering Services to provide said services, and 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 a membrane water treatment facility at the Lake Creek well site, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. 18: 1. JANUARY 9, 2003 The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 January, 2003. 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. 9.E.3. Consider a resolution authorizing the Mayor to execute a contract for Professional Services with HDR Engineering, Inc. for the development and delivery of a 2003 Water • Distribution System Master Plan. Tom Clark Director of Utilities made the staff presentation. v HDR Engineering in 1985 prepared the city's existing water distribution master plan. The purpose of this item is to update the plan to reflect current and future growth patterns within the . City. HDR developed our existing water model,which has system demand scenarios for years 2005, 2010, 2020 and 2030. Utilizing these scenarios HDR will develop the 2003 Water Distribution System Master Plan. The Master Plan will identify what improvements are required for each scenario and the timing of required system improvements to meet the system demands associated with each scenario. This 2003 Master Plan will replace the existing master plan providing the City with up-to-date tool for planning future Water Distribution System improvements. The total fee for these professional services is $137,300.00. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the development and delivery of a 2003 Water Distribution System Master Plan, and WHEREAS, HDR Engineering, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with HDR Engineering, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with HDR Engineering, Inc., for the development and 182 JANUARY 9,2003 delivery of a 2003 Water Distribution System Master Plan, 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 9th day of January, 2003. NYLE MAXWELL,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 Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 9.E.4. Consider a resolution authorizing the Mayor to execute a construction contract for the Municipal Office Complex Temporary Parking Lot Project with Champion Site Prep, Inc. • Larry Madsen, Construction Manager made the staff presentation. Page Southerland Page designed a parking lot with 103 parking spaces. 'This parking lot will provide temporary parking for the McConico building until other parking garages are completed within the Municipal Office Complex. Eight bids were received and Champion Site Prep,.Inc. had the lowest bid in the amount of$70,917.14. The design and construction of this parking lot will meet the immediate needs for the McConico building while other parking garages are being planned. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Municipal Office Complex Temporary Parking Lot Project, and WHEREAS, Champion Site Prep, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Champion Site Prep, 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 Champion Site Prep, Inc. for the Municipal Office Complex Temporary Parking Lot Project. The City Council hereby f nds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 January, 2003. 18. 3 JANUARY 9, 2003 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: Ma Ayes: or Pro-tem Nielson Y Y Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None EXECUTIVE SESSION: 11.A. Executive Session as authorized by 051.071 Government Code,related to pending or contemplated litigation, to wit: Cause No. 02-784-C26, Cox Texas Newspaper, L.P., d/b/a/Austin American-Statesman vs. City of Round Rock, Texas. Council entered into • executive session at 7:58 p.m. and adjourned at 8:40 p.m. ADJOURNMENT: There being no further business, the meeting adjourned at 8:41 p.m. Res ectfully Submitted, le' Christine R. Martinez, City Secretary • 184 - JANUARY 23,2003 The Round Rock City Council met in Regular Session on Thursday, January 23, 2003 in the City Council Chamber, 221 East Main Street. 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 Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Kenneth Snyder, 4406 North Ridge, expressed his concern with the water and wastewater situation in Northridge Acres,which is located outside the city limits of Round Rock. Nettie Brown, 3805 Prairie Lane, expressed her concern regarding the health hazards of the water and wastewater situation in Northridge Acres. Frank Teigh, 1108 Creekview Drive, expressed his thanks for the support and approval of the no smoking ordinance. Sue Peterson, of YASA, thanked the Council for approving the no smoking ordinance. John Gordon, 1007 Green Meadow, expressed his concern regarding the North-South mobility across Brushy Creek. He asked the Council to move up the completion date for the remaining section of A.W. Grimes Boulevard,which will extend across Brushy Creek. Councihnember McGraw asked staff to place a presentation on the next Council agenda concerning the progress of the A.W. Grimes project to address Mr. Gordon's concerns and questions. Sara Duffy, 519 Oak Park Drive, invited the Council to the Robotics Mini-Meet on February 15, 2003, at the Round Rock High School Girls Gym. Round Rock High School and Stony Point High School are both competing in this meet. Mayor Maxwell recognized Boy Scout Troop 145 who were in attendance to comply with • the requirements of acquiring their Citizenship in the Community Merit Badge. PROCLAMATIONS: S.A. Consider a proclamation recognizing Bob Bennett upon his retirement as City Manager of the City of Round Rock. Mayor Maxwell read and presented the following proclamation to Mr. Bennett. 185 JANUARY 23,2003 Whereas, Robert L. Bennett, Jr. retired on January 4, 2003, after 25 years of long and demanding service with the City of Round Rock; and Whereas, Bob Bennett was the City's first Professional Planner and twice City Manager; and Whereas, Bob Bennett guided the City of Round Rock through phenomenal growth and incredible change day after countless day; and Whereas, Bob Bennett tirelessly battled and never failed in his courage nor allowed his well of fortitude to run dry; and Whereas, Bob Bennett consistently represented the City of Round Rock in the best and most admirable of ways-personally and professionally; and Whereas, the City Council of the City of Round Rock wishes to express its deep appreciation for the 25 years of service Bob Bennett has given this community and wishes to recognize Bob for his many contributions, Now Therefore, We, the City Council of the City of Round Rock, Texas, do hereby officially and publicly thank Bob Bennett for the years of service he has unselfishly given to our great City and offer our many heart felt wishes in his retirement. Proclaimed this 23rd day of January 2003. Mayor Maxwell also presented Mr. Bennett with a plaque of appreciation for all his years of service with the City. Mayor Maxwell dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following item. APPOINTMENTS: 1 LA. Consider Council confirmation of the appointment of an Assistant City Manager. • MOTION: Councilmember McGraw moved to approve the confirmation of the appointment of David Kautz as Assistant City Manager. 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. 5.1.A.1. Consider a presentation by representatives of the Texas Water Development Board concerning an update on the history and status of the water situation in Northridge Acres. Tom Clark,Utility Director gave a brief overview of Round Rock's involvement in providing a temporary water supply when Northridge Acres wells failed. Mike Heiligenstein, Williamson County Commissioner gave a brief overview of the County's involvement regarding Williamson County's portion of Northridge Acres and what they have done to try to help improve the current utility service and public health issue of Northridge Acres. He also provided to the Council a copy of a petition from the property owners and residents of Northridge Acres Subdivision to the City of Austin requesting disannexation. 186 JANUARY 23,2003 Ignacio Madera of the Texas Water Development Board briefly outlined he history, status and next steps the Water Development Board is taking regarding Northridge Acres. Daren Sonleitner, Travis County Commissioner gave a brief overview of the County's involvement regarding Travis County's portion of Northridge Acres and what they have done to help try to improve the current utility service and public health issue of Northridge Acres. Palo Pinto,Executive Director of the Williamson County and Cities Health District gave • a brief overview of the condition of the septic systems in Northridge Acres,which were built prior to septic tank regulations. He also gave an approximate cost to replace each septic system, which has failed in Northridge Acres. Mr. Madera concluded that the Water Development Board has an application from the State appointed receiver for Northridge Acres in the amount of $390,000 to tie the current water system to the City of Austin. He also outlined the amount that each resident would need to pay and that the loan is a 40-year loan. PUBLIC HEARINGS: 6.A.1. Consider public testimony regarding an application filed by Buford R. and Jeanette A. Jean to adopt original zoning of District SF-1 (Single Family-Large Lot) on 6.00 . acres of land,more or less, out of the Robert McNutt Survey, Abstract No. 422, in Williamson County, Texas. (B.R. Jean Tract). Joe Vining,Planning Director made the staff presentation. This 6.00-acre tract of land is located east of Red Bud Lane and north of the Forest Creek Subdivision is proposed for large-lot single family residential development. The proposed land use complies with the adopted General Plan. On December 18, 2002, a public hearing was held before the Planning and Zoning Commission for the original zoning of District SF-1 on 6.00 acres of land and at that time the Commission recommended adoption of original SF-1 zoning. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 6.A.2. Consider public testimony to adopt original zoning for several tracts of land in • the P.A. Holder Survey for the proposed Ashton Oaks development as follows: a) District C-2 (Local Commercial) on 2.00 acres of land. b) District SF-2 (Single Family-Standard Lot) on 29.14 acres of land. c)District SF-2 (Single Family-Standard Lot) on 1.45 acres of land. d) District SF-2 (Single Family-Standard Lot) on 0.22 acres of land. e) District MF(Multi-Family on 6.68 acres of land. fl District MF(Multi-Family) on 9.59 acres of land. g) District MF (Multi-Family) on 10.19 acres of land. it 187 JANUARY 23,2003 Joe Vining,Planning Director made the staff presentation. The proposed tracts are located south of the Missouri Pacific RR, east and west of A.W. Grimes Boulevard. The applicant had previously requested that the Planning and Zoning Commission table this item on November 6, 2002. The applicant has since requested to proceed with their request of original zoning. These tracts have no previous zoning history, and they lie within Round Rock's extra-territorial jurisdiction. The applicant is requesting annexation of these tracts and original zoning of Distract C-2 (Local Commercial), SF-2 (Single Family-Standard Lot) and MF (Multifamily). The proposed land uses comply with the adopted General Plan. On December 18, 2002, a public hearing was held before the Planning and Zoning Commission for the original zoning of the above noted items, and at that time the Commission recommended adoption of original C-2. SF- 2 and MF zoning for the tracts. Mayor Maxwell opened the public hearing. Karen Adair Murphy, 2302 Silverleaf Cove, expressed her support of the proposed zoning and development for these tracts. There being no further testimony,the public hearing was closed. • 6.A.3. Consider public testimony regarding an application filed by Sycamore Trail, Ltd. to rezone 6.49 acres of land,more or less, out of the P.A. Holder Survey, in Williamson County, Texas from District SF-2 (Single Family-Standard Lot)to District MF (Multi-Family). (Ashton Oaks Tract) Joe Vining made the staff presentation. This tract was originally zoned SF-2 (Single Family-Standard Lot) on the original Zoning Map of November 1969. The applicant proposes to rezone 6.49 acres of land to District MF (Multifamily),being a certain portion of the 32.95 acres proposed multifamily tract. Previously, the applicant requested that the Planning and Zoning Commission table this item on November 6, 2002. The applicant has since requested to proceed with his request of rezoning. The proposed land use complies with the adopted General Plan. On December 18,2002, a public hearing was held before the Planning and Zoning Commission for the rezoning of District MF on 6.49 acres and at that time the Commission recommended • adoption of MF rezoning. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: 10 JANUAAY 23,2003 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. *8.A. Consider approval of the City Council meeting minutes for the Regular Session of January 9, 2003. 9.A.1. Consider an ordinance authorizing an all-way stop at the intersection of Meandering Way and Woodland Lane. (Second Reading) *9.A.2. Consider an ordinance prohibiting the parking of vehicles on the west side of Red Bud Lane from 200' north of CR 123 to 200' south of CR 123. (First Reading) *10.B.1. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the Arc (Association of Retarded Citizens) of the Capital Area. 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 • Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *8.A. Consider approval of the City Council meeting minutes for the Regular Session of January 9, 2003. This item was approved under the consent agenda. ORDINANCES: *9.A.1. Consider an ordinance authorizing an all-way stop at the intersection of Meandering Way and Woodland Lane. (Second Reading)This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF MEANDERING WAY AND WOODLAND LANE AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.A.2. Consider an ordinance prohibiting the parking of vehicles on the west side of Red Bud Lane from 200'north of CR 123 to 200' south of CR 123. (First Reading) This item was approved under the consent agenda,but will need a second reading. 189 JANUARY 23,2003 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON A PORTION OF RED BUD LANE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 9.B.1. Consider an ordinance annexing 6.00 acres of land,more or less, out of the • Robert McNutt Survey, in Williamson County, Texas. (B.R. Jean Tract) (First Reading) Joe Vining, Planning Director made the staff presentation. This tract lies immediately east of Red Bud Lane and north of the Forest Creek Subdivision. 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: 6.00 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. • 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. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and 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. JANUARY 23, 2003 9.B.2. Consider an ordinance adopting original zoning of District SF-1 (Single Family- Large Lot) on 6.00 acres of land,more or less, out of the Robert McNutt Survey, in Williamson County, Texas. (B.R. Jean Tract) (First Reading) A public hearing was held earlier in the meeting for this item. ORDINANCE NO. .. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 6.00 ACRES OF LAND, MORE OR LESS, OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF-1 (SINGLE FAMILY- LARGE LOT). MOTION: Councilmember Pitt 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 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 and 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. 9.B.3. Consider an ordinance annexing 41.55 acres of land,more or less, out of the P.A. Holder Survey, in Williamson County,Texas. (Ashton Oaks Tract) (Sycamore Trail, Ltd.) (First • Reading) Councilmember McGraw disclosed that he has a conflict of interest regarding Sycamore Trail, Ltd. and submitted the proper documentation. (Attachment"A") Councilmember McGraw added that he would not be participating in the discussion or vote for items 9.B.3. through 9.B.14 and 10.E.4. At this point Councilmember McGraw left the dais. ALAN M. W GRAW ROUND ROCK CITY COUNCILMEMBER PLACE 2 2708 Wolkin Cove Round Rock, TX 78681 Tel: 512-388-5889 January 23, 2003 Christine Martinez City Secretary of Round Rock 221 East Main Street Round Rock, TX 78664 Re: Disclosure of Conflict of Interest Regarding Meeting of the City Council on January 23, 2003. Dear Christine: Please insert this letter into the minutes of the City Council Meeting on January 23, 2003. The City Charter provides that"all members of the City Council...shall vote upon every resolution or ordinance, except where there isa conflict of interest, the reason for which shall be stated concisely in the records." I have,,and continue to represent partners in Sycamore Trail, Ltd., and previously represented the partnership. Therefore, I believe it would be a conflict of interest for me to vote on items 9.13.3 through 9.B.14., and 10.E.4. Sincerely, Alan M. McGraw Councilmember Place 2 s t JANUARY 23,2003 Joe Vining,Planning Director made the staff presentation. This tract lies immediately south of Highway 79 (a.k.a. Palm Valley Boulevard), and east and west of A.W. Grimes Boulevard. 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: 41.55 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 adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell • Noes: None Councilmember McGraw was out of the room when the vote was taken. 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 and 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 Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. • 9.B.4. Consider an ordinance annexing 1.45 acres of land,more or less, out of the P.A. Holder Survey, in Williamson County, Texas. (Ashton Oaks Tract) (City of Round Rock) (First Reading) Joe Vining,Planning Director made the staff presentation. This tract lies south of Highway 79 (a.k.a. Palm Valley Boulevard), and south of the Missouri Pacific RR, and east of A.W. Grimes Boulevard. The purpose of this annexation is to establish city services for this development. 192 ` JANUARY 23, 2003 ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 1.45 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: Councilmember Pitt moved to adopt the ordinance. 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 Councilmember McGraw was out of the room when the vote was taken. 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 and adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 9.B.5. Consider an ordinance annexing 6.68 acres of land,more or less, out of the P.A. Holder Survey, in Williamson County, Texas. (Ashton Oaks Tract) (David L. and Mary C. Carlin) (First Reading) Joe Vining,Planning Director made the staff presentation. This tract lies • immediately south of Highway 79 a.k.a. Palm Valley Boulevard; and the southerly Missouri Pacific RR, and west of A.W. Grimes. 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: 6.68 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY; 19 3 JANUARY 23,2003 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 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 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 and adopt the ordinance. Councilmember Coe seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 9.B.6. Consider an ordinance annexing 9.59 acres of land,more or less, out of the P.A. Holder Survey, in Williamson County, Texas. (Ashton Oaks Tract) (Continental Homes of Texas, L.P.) (First Reading) Joe Vining,Planning Director made the staff presentation. This tract lies south of Highway 79 a.k.a. Palm Valley Boulevard and southerly of the Missouri Pacific RR, and west of A.W. Grimes Boulevard. 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: 9.59 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; 194 JANUARY 23,2003 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 Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt • Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Councilmember McGraw was out of the room when the vote was taken. 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 and adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe • Mayor Maxwell Noes: None Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 9.B.7. Consider an ordinance adopting original zoning of District C-2 (Local Commercial) on 2.00 acres of land,more or less, out of the P.A. Holder Survey, in Williamson County, Texas. (Ashton Oaks Tract) (First Reading) Joe Vining,Planning Director made the staff presentation. Previously, the applicant requested that the Planning and Zoning Commission table this item on-November 6, 2002. The applicant has since requested to proceed with his request of original zoning. This tract has no previous zoning history. The applicant is requesting original zoning of District C-2 (Local Commercial). The proposed land use complies with the adopted General Plan. On December 18, 2002, a public hearing was held before the Planning and Zoning • Commission for the original zoning of District C-2 on 2.00 acres of land and at that time the commission recommended adoption of original C-2 zoning. The proposed tract is located south of the Missouri Pacific RR, and west of A. W. Grimes Boulevard. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A 195, JANUARY 23,2003 PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 2.00 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-2 (LOCAL COMMERCIAL). MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember 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 Councilmember McGraw was out of the room when the vote was taken. 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 and adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan • Councilmember Coe Mayor Maxwell Noes: None Councilmember McGraw was out of the room when the vote was taken. ACTION:..The motion carried unanimously. 9.B.8. Consider an ordinance adopting original zoning of District SF-2 (Single Family- Standard Lot) on 29.14 acres of land,more or less, out of the P.A. Holder Survey, in Williamson County, Texas. (Ashton Oaks Tract) (First Reading) Joe Vining,Planning Director made the staff presentation. Previously,the applicant requested that the Planning and Zoning Commission table this item on November 6, 2002. The applicant has since requested to proceed with his request of original zoning. These tracts have no previous zoning history. The applicant is requesting original zoning of District SF-2 (Single Family-Standard Lot). The proposed land use complies • with the adopted General Plan. On December 18, 2002, a public hearing was held before the Planning and Zoning Commission for the original zoning of District SF-2 for the proposed tract and at that time the Commission recommended adoption of original SF-2 zoning. The proposed tract is located south of the Missouri Pacific RR, and east of A. W. Grimes Boulevard. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 :19.6 JANUARY 23,200i EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 29.14 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF-2 (SINGLE FAMILY- STANDARD LOT). MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None 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 and adopt the ordinance. 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 Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 9.B.9. Consider an ordinance adopting original zoning of District SF-2 (Single Family- Standard Lot) on 0.22 acres of land,more or less, out of the P.A. Holder Survey, in Williamson County, Texas. (Ashton Oaks Tract) (First Reading) Joe Vining, Planning Director made the staff presentation. Previously, the applicant requested that the Planning and Zoning Commission table this item on November 6, 2002. The applicant has since requested to proceed with his request of original zoning. The proposed tract has no previous zoning history, lies within Round Rock's ETJ and the applicant is proposing annexation of this tract. The proposed land use • complies with the adopted General Plan. On December 18, 2002, a public hearing was held before the Planning and Zoning Commission for the original zoning of District SF-2 on 0.22 acres and at that time the Commission recommended adoption of original SF-2 zoning. The proposed tract is located south of the Missouri Pacific RR, and east of A. W. Grimes Boulevard. ORDINANCE NO. 197 JANUARY 23,2003 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 0.22 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, 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 • Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None 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 and adopt the ordinance. 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 Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 9.B.10. Consider an ordinance adopting original zoning of District MF (Multi-Family) on 10.19 acres of land, more or less, out of the P.A. Holder Survey, in Williamson County, Texas. (Ashton Oaks Tract) (First Reading) Joe Vining,Planning Director made the staff presentation. Previously,the applicant requested that the Planning and Zoning Commission meeting table this item on November 6, 2002. The applicant has since requested to proceed.with their request of original zoning. The proposed tract has no previous zoning history, lies within Round Rocks ETJ and the applicant is proposing annexation of this tract. The proposed land use complies with the adopted General Plan. On December 18, 2002, a public hearing was held before the Planning and Zoning Commission for the original zoning of District MF on 10.19 acres and at that time the commission recommended adoption of original MF zoning. The proposed tract is located south of the Missouri Pacific RR, and west of A. W. Grimes Boulevard. ORDINANCE NO. 198 JANUARY 23,2003 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 10.19 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS,AS DISTRICT MF (MULTI-FAMILY). MOTION: Councilmember Knight moved to adopt the ordinance. 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 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 and 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 Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 9.B.11. Consider an ordinance adopting original zoning of District SF-2 (Single Family- Standard Lot) on 1.45 acres of land,more or less, out of the P.A. Holder Survey, in Williamson County, Texas. (Ashton Oaks Tract) (First Reading) Joe Vining, Planning Director made the staff presentation. Previously, the applicant requested that the Planning and Zoning Commission table this item on November 6, 2002. The applicant has since requested to proceed with his request of original zoning. The proposed tract has no previous zoning history, lies within Round Rock's • ETJ and the applicant is proposing annexation of this tract. The proposed land use complies with the adopted General Plan. On December 18, 2002, a public hearing was held before the Planning and Zoning Commission for the original zoning of District SF-2 on 1.45 acres and at that time the commission recommended adoption of original SF-2 zoning. The proposed tract is located south of the Missouri Pacific RR, and east of A. W. Grimes Boulevard. ORDINANCE NO. 199 JANUARY 23,2003 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 1.45 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF-2 (SINGLE FAMILY- STANDARD LOT). • MOTION: Councilmember Pitt moved to adopt the ordinance. 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 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 and adopt the ordinance. 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 Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 9.13.12. Consider an ordinance adopting original zoning of District MF(Multi-Family) on 6.68 acres of land, more or less, out of the P.A. Holder Survey, in Williamson County, Texas. (Ashton Oaks Tract) (First Reading) Joe Vining,Planning Director made the staff presentation. Previously, the applicant requested that the Planning and Zoning Commission table this item on November 6, 2002. The applicant,has since requested to proceed with their request of original Mzoning. The proposed tract has no previous zoning history, lies within Round Rock's ETJ and the applicant is proposing annexation of this tract. The proposed land use complies with the adopted General Plan. On December 18, 2002, a public hearing was held before the Planning and Zoning Commission for the original zoning of District MF on 6.68 acres and at that time the commission recommended adoption of original MF zoning. The proposed tract is located south of the Missouri Pacific RR, and west of A. W. Grimes Boulevard. 20 ( JANUARY 23,2003 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 6.68 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT MF (MULTI-FAMILY). MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Pitt • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Councilmember McGraw was out of the room when the vote was taken. 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 and 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 Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 9.B.13. Consider an ordinance adopting original zoning of District MF (Multi-Family) on 9.59 acres of land,more or less, out of the P.A. Holder Survey, in Williamson County, Texas. (Ashton Oaks Tract) (First Reading) Joe Vining, Planning Director made the-staff presentation. Previously, the applicant requested that the Planning and Zoning Commission table this item on November 6, 2002. The applicant has since requested to proceed with their request of original zoning. The proposed tract has no previous zoning history, lies within Round Rock's ETJ and the applicant is proposing annexation of this tract. The proposed land use complies with the adopted General Plan. On December 18, 2002, a public hearing was held before the Planning and Zoning Commission for the original zoning of District MF on 9.59 acres and at that time the Commission recommended adoption of original MF zoning. The proposed tract is located south of the Missouri Pacific RR, and west of A. W. Grimes Boulevard. 201 JANUARY 23,2003 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 9.59 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS,AS DISTRICT MF (MULTI-FAMILY). • MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None 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 and adopt the ordinance. 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 Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 9.B.14. Consider an ordinance rezoning 6.49 acres of land,more or less, out of the P.A. Holder Survey, in Williamson County, Texas from District SF-2 (Single Family-Standard Lot) to District MF (Multi-Family). (Ashton Oaks Tract) (First Reading) Joe Vining,Planning Director made the staff presentation. This tract was originally zoned SF-2 (Single Family-Standard Lot) on the original Zoning Map of November 1969. The applicant proposes to rezone 6.49 acres of • land to District MF (Multifamily),being that certain portion of the 32.95 acres proposed multifamily tract. Previously,the applicant requested that the Planning and Zoning Commission table this item on November 6, 2002. The applicant has since requested to proceed with his request of rezoning. The proposed land use complies with the adopted General Plan. On December 18, 2002, a public hearing was held before the Planning and Zoning Commission for 2 .02 JANUARY 23,2003 the rezoning of District MF on 6.49 acres and at that time the commission recommended adoption of MF rezoning. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 6.49 ACRES OF • LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) TO DISTRICT MF(MULTI-FAMILY). 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 Mayor Maxwell Noes: None Councilmember McGraw was out of the room when the vote was taken. 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 and adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. RESOLUTIONS: 10.A.1. Consider a resolution authorizing the Mayor to execute a professional service' agreement with Jeff Heckler for lobbying services. This item was withdrawn from the agenda at • the request of staff. * 10.B.1. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the Arc (Association of Retarded Citizens) of the Capital Area. This item was approved under the consent agenda. RESOLUTION NO. 203 JANUARY 23,2003 WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed community services, and I WHEREAS, the City of Round Rock has received a request for funds from The Arc (Association of Retarded Citizens) of the Capital Area, a non-profit corporation("Agency"), and WHEREAS, the City Council previously passed Resolution No. R-02-10-24-11F13 which inadvertently listed the name of the Agency as the American Red Cross of the Capital Area, instead of The Arc (Association of Retarded Citizens) of the Capital Area, and WHEREAS, the City Council hereby determines that. the requested funds by The Are (Association of Retarded Citizens) of the Capital Area will be used for a public purpose, namely • to provide basic needs, crisis assistance and support services for people with disabilities, their families, and their caregivers, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency;a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes, and BE IT FURTHER RESOLVED, That Resolution No. R-02-10-24-11F13 is hereby repealed. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 January 2003. 10.C.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Travis County, Texas to identify the government responsible for regulating_plats and • permits in various portions of Round Rock's extraterritorial jurisdiction(ETJ). Joe Vining, Planning Director made the staff presentation. House Bill 1445 (Interlocal Cooperation Act) requires the City and County to enter into a written agreement that identifies the governmental entity authorized to regulate subdivision plats in the ETJ. The proposed agreement would assign sole and exclusive platting authority within the City of Round Rock ETJ to the City. Development permits and on-site sewage permits within the extraterritorial jurisdiction(ETJ) will be the sole and exclusive responsibility of Travis County. The City of Round Rock has submitted an Interlocal Agreement with Williamson County. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and • WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Travis County to identify the government responsible for regulating plats and permits in various portions of Round Rock's ETJ,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 Agreement, 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. 204 JANUARY 23,2003 RESOLVED this 23rd day of January, 2003 NYLE MAXWELL,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 Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 10.D.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering& Surveying Services with Baker-Aicklen&Associates,Inc. for engineering services associated with the Brushy Creek East Trail. Sharon Prete,Parks and Recreation Director made the staff presentation. Based on the most recent City-Wide Surveys, Trails have been identified as the number one request by citizens for recreation opportunities. From this, the • City-Wide Trail System CIP Program was formed. The Parks and Recreation Department (PARD)has been tasked with developing hike and bike trails for recreation, as well as connectivity. Through the current CIP program, PARD has substantially completed construction of two trail projects at Old Settlers Park, and soon will be beginning the Planning and Design of a third along the Brushy Creek Corridor. This project will be the Brushy Creek East Trail,which will consist of approximately 2.5 miles of trail and various other improvements. The finance approval is contingent upon receiving agreed upon funds from Williamson County. This contract will provide for the engineering services associated with the Brushy Creek East Trail. These engineering services will include topographical survey of the trail corridor,trail design, and limited'construction phase services for the project. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering and surveying services associated with the Brushy Creek East Trail, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted an Agreement for Engineering and Surveying Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Baker-Aicklen & Associates,Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering and Surveying Services with Baker-Aicklen & Associates, Inc., for 20; 5 JANUARY 23,2003 engineering and surveying services associated with the Brushy Creek East Trail, 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 January, 2003. • 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 McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 10.D.2. Consider a resolution authorizing the Mayor to execute an Agreement for • Consulting Services with Hall/Bargainer,Inc. for planning services associated with the Brushy Creek East Trail. Sharon Prete, Parks and Recreation Director made the staff presentation. Based on the most recent City-Wide Surveys, Trails have been identified as the number one request by citizens for recreation opportunities. From this,the City-Wide Trail System CIP Program was formed. The Parks and Recreation Department(PARD)has been tasked with developing hike and bike trails for recreation, as well as connectivity. Through the current CIP program,PARD has substantially completed construction of two trail projects at Old Settlers Park, and soon will be beginning the Planning and Design of a third along the Brushy Creek Corridor. This project will be the Brushy Creek East Trail,which will consist of approximately 2.5 miles of trail and various other improvements. The finance approval is contingent upon receiving agreed upon • funds from Williamson County. This contract will provide for the planning services associated with the Brushy Creek East Trail. These planning services will include identification of key opportunities and constraints of the trail corridor, gathering of public input, assistance with the creation of design guidelines for the project, and limited construction phase services. The major benefit of this contract will be the assistance provided to staff during all phases of the development of this project. 206 JANUARY 23, 2003 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain planning services associated with: the Brushy Creek East Trail, and WHEREAS, Hall/Bargainer, Inc. has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Hall/Bargainer, 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 Consulting Services with Hall/Bargainer, Inc., for planning services associated with the Brushy Creek East Trail, 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 January, 2003. NYLE MAXWELL, 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: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 10.D.3. Consider a resolution authorizing the Mayor to execute Change Order No. 3 with Camp Excavation&Contracting, Inc. for the City Wide Trail System, Phase I, Old Settler's Park. Sharon Prete,Parks and Recreation Director made the staff presentation. As part of the final reconciliation needed for the"close-out"of this construction contract, several items that were deleted from the scope of work need to be removed from the contract. This change order will reconcile the contract amount with the actual work completed,which will result in a reduction of the contract price. That reduction in cost is (-$39,119.67). • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Camp Excavation & Contracting, Inc. for the City Wide Trail System Phase I, Old Settler's Park, and WHEREAS, the Council has determined that it.is necessary to make changes to the contract as part of the final reconciliation needed for the"close-out"of said contract, and .WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 3,Now Therefore JANUARY 23,2003 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is ,hereby authorized and directed to execute on behalf of the City Contract Change Order No. 3 to the Contract with Camp Excavation & Contracting, Inc. for the City Wide Trail System Phase.I, Old Settler's Park. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times,during which this Resolution and the subject 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 January, 2003. 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. • 10.E.1. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services, and Supplemental Agreement No. 1 with Moman Architects for the relocation of the Parks and Recreation Department Service Yardsite. Larry Madsen, Construction Manager made the staff presentation. The current location of the yard site is the future location of the surface parking lot for the McConico building. The new yard site will be located at 300 S. Burnet. The project includes the design development and construction administration for the PARD yardsite and buildings. The amount of the contract is $98,500.00 with a reimbursable amount not to exceed $5,000 for a total contract amount of$103,500. The relocation of the yardsite will provide new needed facilities for the PARD personnel and enhance the overall coordination plan for the Municipal Office Complex. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the relocation of the Parks and Recreation Department Yardsite, and WHEREAS, Moman Architects has submitted a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ("Agreement"), and Supplemental Agreement No. 1 to provide said services, and WHEREAS, the City Council desires to enter into said Agreement, and Supplemental Agreement No. 1 with Moman Architects,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, JANUARY 23, 2003 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 ("Agreement"), and Supplemental Agreement No. 1 with Moman Architects for the relocation of the Parks and Recreation Department Yardsite, a copy of said Agreement, and Supplemental Agreement No. 1 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 January, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight 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. 10.E.2. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services, and Supplemental Agreement No. 1 with Page Southerland Page for the design of the Municipal Office Complex Parking Garage and Plaza and the Civil Engineering on the Senior Activity Center. Larry Madsen, Construction Manager made the staff presentation. The Parking Garage and Plaza are key components of the Municipal Office Complex plan. The Senior Activity Center plans are being developed and PSP will provide the civil engineering that will coordinate with the master planning of the project. The parking garage will be a two level parking structure, which will include approximately 200 parking spaces with stairs and elevators to the plaza level. The plaza design will include hardscape paving, colonnade shade structures, activity areas, historical markers and site furnishings. The contract amount includes $47,500 for the civil engineering phase on the Senior Activity Center, $249,400 for the Parking Garage and Plaza, and the reimbursable amount not to exceed$25,000 for a total contract amount of$321,900.00. The Parking Garage and Plaza as well as the Senior Activity Center are the next phases of 2- 0.9 JANUARY 23,2003 construction planned for the MOC. These structures will provide parking and a Senior Activity Center that will be second to none upon completion. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the design of the Municipal Office Complex Parking Garage and Plaza and the Civil Engineering on the Senior Activity Center, and • WHEREAS, Page Southerland Page has submitted a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ("Agreement"), and Supplemental Agreement No. 1 to provide said services, and WHEREAS, the City Council desires to enter into said Agreement, and Supplemental Agreement No. 1 with Page Southerland Page,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 ("Agreement"), and Supplemental Agreement No. 1 with Page Southerland Page for the design of the Municipal Office Complex Parking Garage and Plaza and the Civil Engineering on the Senior Activity Center, a copy of said Agreement, and Supplemental Agreement No. 1 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 matterhereof 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 January, 2003. 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. 10.E.3. Consider a resolution authorizing the Mayor to execute an Agreement for • Engineering Services with Rodriguez Transportation Group, Inc. for preliminary schematic design for the the Chisholm Trail and Parkwav Extension. Tom Word, Transportation Services Director made the staff presentation. The City is developing a project to rebuild and widen Chisholm Trail from Sam Bass Road to FM 3406 and extend Chisholm Parkway 850' North. Rodriguez Transportation Group, Inc.,will prepare design schematic and construction plans for the Chisholm Trail reconstruction and Chisholm Parkway extension projects. The engineer has agreed to perform the work for$296,223.00. 210 JANUARY 239 2003 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services to provide preliminary schematic design for the Chisholm Trail and Parkway Extension, and WHEREAS, Rodriguez Transportation Group, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement 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 an • Agreement for Engineering Services with Rodriguez Transportation Group, Inc., for engineering services to provide preliminary schematic design for the Chisholm Trail and Parkway Extension, 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 January, 2003. NYLE MAXWELL,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: Ma Ayes: or Pro-tem Nielson • Y Y Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 10.E.4. Consider a resolution authorizing the sale of 1.45 acres of land out of the P.A. Holder Survey, Abstract 297, in Williamson County, Texas to Sycamore Trails, Ltd. Tom Word, Transportation Services Director made the staff presentation. This 1.45-acre tract is surplus property acquired as part of the right-of-way for A.W. Grimes Boulevard. This tract is no longer needed. Sycamore Trails, Ltd. is the surrounding property owner. Steve Sheets, City Attorney explained how the City is allowed to sell this property using • the allowable exception. The tract is being sold for the fair market value,which is $37,000. These funds will be returned to the City's Transportation System Development Corporation. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") is the owner of a tract of land containing 1.45 acres, more or less, ("Property") which is more fully described in the Real Estate Contract ("Contract")which is attached hereto as Exhibit"A", and 211 JANUARY 23, 2003 WHEREAS, because of the Property's shape, lack of access to public roads, and small area the Property cannot be used independently, and WHEREAS, Sycamore Trail, Ltd. ("Sycamore") is the owner of the only property abutting the Property and Sycamore desires to purchase the Property from the City, and WHEREAS, § 272.001(b) provides that the notice and bidding requirements to sell municipally owned land do not apply to tracts meeting the aforesaid requirements, and WHEREAS, the City Council desires to sell the Property to Sycamore,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council finds that the Property meets the requirements of§272.001(b) and • (c), and BE IT FURTHER RESOLVED, That the Mayor is hereby authorized and directed to execute on behalf of the City the Contract with Sycamore Trail, Ltd. for the sale of the Property, 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 23rd day of January, 2003. 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: - y Mayor Pro tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Abstain: Councilmember McGraw ACTION: The motion carried with 6 ayes and one abstention. 10.E.5. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with B.J. Williams for the purchase of property for Fire Station No. 6. Larry Madsen, Construction Manager made the staff presentation. Approval for Fire station Number 6 was part of the 2002 GO Bond package. Money is now available for this project in issuance one of the bond money. The contract is in the amount of$408,375,which is $3.75 a square foot. The City is purchasing this lot to • build Fire Station No. 6. The construction of this fire station will provide fire protection for the fast growing eastern area around Old Settlers Park,Highway 79, and Palm Valley. RESOLUTION NO. WHEREAS, the City desires to purchase between 2.0 and 2.5 acres out of a 7.71 acre tract of land known as Lot 1, Block `B", Section Three, Legends Village, Round Rock, Williamson County, for Fire Station Number 6, and WHEREAS, B. J. Williams, 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, 212 JANUARY 23,2003 That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with B. J. Williams, 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 23rd day of January, 2003. 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: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • 10.E.6. Consider a resolution authorizing the Mayor to execute an agreement with the Capital Area Rural Transportation System for a 3-month continuation of public transportation services in Round Rock. Tom Word, Transportation Services Director made the staff presentation. The Capital Area Rural Transportation System (CARTS)has provided public transportation service in Round Rock for many years. CARTS has received funding,for the other rural transportation program from the Federal and State government,which covered the majority of the cost of this service. Because of Round Rock's population, the City is no longer eligible for the Federal and State funding. This agreement will provide a 3-month continuation(from January through March) of public transportation services in Round Rock ata cost of$25,000. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into an agreement with the Capital • Area Rural Transportation System (CARTS) for a 3-month extension of public transportation services in Round Rock,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said agreement, a copy of same being attached hereto 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. 21. 3 JANUARY 23,2003 RESOLVED this 23rd day of January, 2003. NYLE MAXWELL,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: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: 1 LA. Consider Council confirmation of the appointment of an Assistant City Manager. This item was addressed earlier in the meeting. 11.B. Consider 7 appointments to the Charter Review Commission. • Mayor Maxwell opened the floor for nominations. Rufus Honeycutt, Steve Laukhuf, Cary Bovey, Scott Placek, Robert Stluka, Jim Goodwin and Karen Adair Murphy were nominated. MOTION: Councilmember McGraw moved that nominations cease and to appoint Rufus Honeycutt, Steve Laukhuf, Cary Bovey, Scott Placek,Robert Stluka, Jim Goodwin and Karen Adair Murphy by acclamation. 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. COUNCIL COMMENTS: • Staff was directed to contact the individuals who were not appointed to the Charter Review Commission to see if they would be interested in being considered on another Board or Commission whenever a vacancy occurred. ADJOURNMENT: There being no further business,the meeting adjourned at 9:40 p.m. Respectfully Submitted,. Christine R. Martinez, City Secretary 214 FEBRUARY 13,2003 The Round Rock City Council met in Executive Session and Regular Session on Thursday,February 13, 2003, in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE SESSION TO ORDER—6:00 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight arrived during item 8.B. Councilmember Isabel Gallahan and Councilmember Gary Coe. Mayor Pro-tem Tom Nielson • was absent. Also present were City Manager Jim Nuse 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, to wit: Approximately 8.68 acres of land situated in Williamson, County, Texas being more particularly described as Lot 1,Block F, Crystal Park, a subdivision in Round Rock, Williamson County, Texas, from TRK Investments, L.L.C. for the new Police Department site. The Council entered into Executive Session at 6:10 p.m. 3.B. Executive Session as authorized by 051.071 Government Code,related to pending or contemplated litigation,to wit: Cause No. 02-784-C26, Cox Texas Newspaper, • L.P., d/b/a/Austin American-Statesman vs. City of Round Rock, Texas. The Executive Session adjourned at 7:00 p.m. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight arrived during item 8.B., Councilmember Isabel Gallahan and Councilmember Gary Coe. Mayor Pro-tem Tom Nielson was absent. Alsop resent were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Kenneth Snyder, 4406 Northridge, expressed his concern regarding the water and wastewater situation in Northridge Acres,which is located outside the city limits of Round Rock. • Nettie Brown, 3805 Prairie Lane, expressed her concern regarding the water and wastewater situation and the health hazards in Northridge Acres,which is located outside the city limits of Round Rock. John Gordon, 1007 Green Meadow, asked the Council to proceed as quickly as possible with the construction of the north-south road across Brushy Creek. . 215 FEBRUARY 13,1003 Hossain Mehrabian, 3200 Kiphen Road, expressed his concern regarding the proposed improvements to County Road 113/Kiphen Road particularly the median on Kiphen. Jim Nuse responded that he would be glad to meet with Mr. Mehrabian to discuss the improvements. Marvin Felux, 1800 West Creek Loop, of the Round Rock Sertoma Club outlined the Club's activities for National Heritage Week. Other members of the Sertoma Club were also in • attendance. Dutch Holland, 907 Martin Avenue; Posey McClung, 1603 Karen Cove; Jim Porter,PO Box 246;Ruth Koughan, 211 Round Rock Avenue and other members of the Senior Citizens Foundations were present to invite the Council to the annual Daffodil Festival on March 1St at the Senior Center. Mayor Maxwell recognized members of Boy Scout Troop 365 who introduced themselves to the Council. The Boy Scouts are working on their Citizenship in the Community badge. PROCLAMATIONS: 8.A. Consider a proclamation proclaiming March 1, 2003 as the 8th Annual Daffodil Festival Celebration. Mayor Maxwell read the following proclamation and presented to Dutch Holland. Whereas, the goal of the senior citizens is to make Round Rock look like a sea of daffodils; and Whereas, the senior citizens hope that the daffodils will serve as a beacon to the Round Rock community and spread the interest in the advancement of a high quality of life and social adjustment for retirees; and Whereas, the Senior Center will beckon visitors with tempting foods, entertainment, arts and crafts and fun filled activities; and Now Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby officially proclaim March 1, 2003, as the "8th Annual Daffodil Festival Celebration" in the City of Round Rock, Texas and urge all citizens to visit the Senior Center and join the senior citizens in celebrating this joyful occasion. Proclaimed this 13th day of February 2003. 8.B. Consider a proclamation proclaiming the week of February 7-15, 2003 as Insure-A=Kid Week. Mayor Maxwell read the following proclamation and presented it to a • representative of Insure-A-Kid. Whereas, every child has a right to a healthy future, to live in good health, and to receive quality healthcare to insure their future; and Whereas, insure-a-kid works to educate the community and enroll uninsured Round Rock children in quality health insurance programs through TexCare; and Whereas, children need regular check-ups and immunizations to stay on the path to a healthy future; and Whereas, insure-a-kid is working to educate parents and children about the importance of preventive healthcare, and have created the insure-a-kid "Get It. Use It" toolkit to make learning easier, Now Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim the week of February 7 through the 15, 2003 as 216 FEBRU"Y 13,2003 "Insure-A-Kid Week 2003" in the City of Round Rock and call upon all citizens to learn about the importance of preventive health care for children and adults, to call 324-CHIP to get more information about Chip and Children's Medicaid, and to call their child's primary care provider to schedule a well child check-up. Proclaimed this 13th day of February 2003. 8.C. Consider a proclamation proclaiming the week of February 16-22. 2003 as Sertoma Freedom Week. Mayor Maxwell read the following proclamation and presented to • members of the Sertoma Club. Whereas, we believe that man was endowed by his Creator with certain inalienable rights, and Whereas,we believe among those rights is that of Freedom; and Whereas, Sertoma International, a Civic Organization with the Motto "Service to Mankind" has adopted an annual "Freedom Week" during National Heritage Month dedicated to the reaffirmation of the values and responsibilities of man in a free Society; and Whereas, the. Sertoma Club of Round Rock plans to carry out special Bill of Rights activities at many Round Rock Independent School District elementary schools during Freedom Week; and Whereas, it seems proper and fitting to accord official recognition to this patriotic movement, Now, Therefore,We, the Round Rock City Council by virtue of the authority vested upon us as Mayor and Council members of the City of Round Rock, Texas, do hereby proclaim and designate the week of February 16 through February 22, 2003 as "Sertoma Freedom Week" and urge the citizens of this City to support the objective of these days. Proclaimed this 13`h day of February 2003. PRESENTATIONS: • 9. A. Consider an update concerning Envision Central Texas. Joe Vining,Planning Director made the staff presentation. He introduced Beverly Silas of the Envision Central Texas (ETC)project,which is a non-profit organization that is guiding the public development of a regional plan to address the growth of Bastrop, Caldwell,Hays, Travis and Williamson counties. Ms. Silas showed a short video concerning Envision Central Texas and provided the following mid-point overview of the project. December 2001 • Hired Beverly Silas as Executive Director • Capitol Area Metropolitan Planning Organization(CAMPO) awarded funding to Central Texas Regional Visioning Project(CTRVP). January and February 2002 • Began working on funding for project March 2002 • • First Board of Directors meeting on March 22 at the State of Texas Capitol Extension in Senate Finance Committee Room - Overview of the project - Role of board members - Funding strategy - Presentation by Fregonese Calthorpe Associates (FCA) on the tools and methods for project - Vote on initial board member list and executive committee Capital Area Planning Council (CAPCO) agreed to act as fiscal agent and provide office space. FEBRUARY 13,2003 April 2002 • Board of Directors meeting on April 22 at Aquarena Springs in San Marcos - Adoption of by-laws and amendments - Approval of budget and financial policy, election of Brenda Saxon as Assistant Treasurer - Approval of contract with FCA May 2002 • • Davis,Hibbitts &McCaig(DHM) conducted two focus groups on May 18 with citizens from throughout the five-county region to solicit opinions about issues related to future growth in the Central Texas area. • Finalized contract with CAPCO and officially set up office at 2512 S. IH 35. • Hired Diane Miller as Project Coordinator. June 2002 • Board of Directors meeting on June 6 at the Williamson County Annex in Cedar Park. - Reviewed results of focus groups - Approval to file with IRS for 501(C)(3)nonprofit status Jules • Board of Directors meeting on July 9 at LCRA Riverside Conference Center in Bastrop - FCA presented data compiled to date, including jobs, income, land consumption, and population allocation - Calthorpe Associates (CA)provided overview of public workshop process - EnviroMedia provided media outreach plan and name/branding options. • FCA conducted meetings with environmental subject matter experts and planners in • Austin on July 10 • DHM conducted telephone surveys from July 18 to July 27 • FCA conducted meeting with forecasters and demographers on July 30. • Board of Directors meeting on July 30 at the Lockhart City Hall in Lockhart. - DHM presented telephone survey results - CA reviewed workshop process, chip sets and base map. - EnviroMedia reviewed media outreach and web site plan. August 2002 • Media bus tour of five-county region and official roll out of Envision Central Texas September 2002 • Regional workshop conducted at Austin Convention Center on September 13 October 2002 • Board of Directors meeting on October 3 at Southwest Texas State University in San Marcos - FCA provided regional workshop results • - FCA provided explanation of scenario building, Community Texas Site workshops, guiding principles - EnviroMedia provided update on media outreach,web site launch and outreach video and brochures. • Sub regional workshops held on October 14 in Bastrop and Georgetown, on October 15 in Austin and Dripping Springs and on October 17 in Lockhart and Austin. • FCA introduced Lucy Buck as their Project Manager for ECT. November 2002 • Board of Directors meeting on November 6 at One Congress Plaza, 8th Floor Community Room,Austin,Austin, Texas - Approval of additional budget for outreach - Election of board of director's officers 21. E FEBRUARY 13;2003 Added three new board members - Approved FCA issuing RFP for Community Texas Site workshops Discussion of guiding principles. December 2002 • Board of Directors meeting on December 5 at the Sun City Social Building in Georgetown - Approved web site upgrade to level 1 -ADA compliance - Presentation of scenarios developed from public workshops - Discussion of guiding principles • January 2003 • Board of Directors meeting on-January 9 at the First National Bank in Elgin • Transportation Modeling begins February 2003 • Board of Directors meeting on February 6 in Caldwell County • Evaluation benchmarks and system established for transportation Ms. Silas also outlined the following proposed schedule. March 2003 • Board of Directors meeting on March 6 in Travis County • Community outreach • Community Test Site Workshops April 2003 • Board of Directors meeting on April 3 in Hays County • Transportation scenarios analyzed in workshop ME 2003 • • Board of Directors meeting on May 1 in Williamson County • Final workshop for community test sites • Illustrative plans for communities that had test site workshops • Public input(voting) on scenarios Ms. Silas pointed out that the Council would have an opportunity to see the scenarios prior to being released to the public. 9.13. Consider an update on the status of A.W. Grimes Boulevard and various railroad crossings. Tom Word,Director of Transportation Services made the presentation. He outlined the current status and timelines of the project schedule and a railroad-crossing plan for East Round Rock. This segment of roadway,when improved will provide additional North-South roadway capacity across Brushy Creek. Mr. Word also outlined the timelines and status of the Grimes Union Pacific Railroad Underpass Project design and the status of the permit process. Councilmember McGraw asked for a periodic update on this project. • 9.C. Consider a presentation concerning recreational program fee increases. Sharon Prete, Parks and Recreation(PARD)Director made the staff presentation. Due to increased program costs,PARD has recently assessed its fee structure and is recommending increases in the following areas: facility/equipment rentals,pool entry fees, and Clay Madsen Recreation Center membership fees. The General Fund subsidizes PARD programs; staff tries to maintain a 21 9 FEBRUARY 13,2003 75%recreation program recovery rate through the collection of fees, sponsorships and grants. Ms. Prete outlined a graph,which showed the amount of the proposed increase for each fee. 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. Item 12.13.1. was removed from the consent agenda and addressed in the normal sequence of the agenda. *11.A. Consider approval of the City Council meeting minutes for the Regular Session of February 13, 2003. *12.A.1. Consider an ordinance prohibiting the parking of vehicles on the west side of Red Bud Lane from 200' north of CR 123 to 200' south of CR 123. (Second Reading) *12.13.1. Consider an ordinance rescheduling the March 13, 2003 meeting of the Round Rock City Council to March 6, 2003 due to Spring Break. Removed from the consent agenda and addressed in the normal sequence of the regular agenda. *13.A.1. Consider a resolution authorizing the City Manager to issue a purchase order to DuPont Flooring Systems for the replacement of carpet at the Stadium/Convention Center • Complex. *13.C.1. Consider a resolution authorizing the closing of a portion of Main Street from 7:45 o'clock a.m. until 8:45 o'clock a.m. on February 22, 2003 for the annual Opening Day Parade of the Sam Bass of Round Rock Youth Baseball League. *13.D.9. Consider a resolution authorizing the Mayor to execute a Professional Services Agreement with Baker-Aicklen&Associates, Inc. for topographic survey and platting of the Lake Creek Well Site and the future Parks and Recreation Department Yardsite. MOTION: Councilmember Coe moved to approve all the items listed in the consent agenda. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight • Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *1 LA. Consider approval of the City Council meeting minutes for the Regular Session of January 23, 2003. This item was approved under the consent agenda. FEBRUARY 13, 2003 ORDINANCES: 12.A.1. Consider an ordinance prohibiting the parking of vehicles on the west side of Red Bud Lane from 200'north of CR 123 to 200' south of CR 123. (Second Reading) This item was approved under the consent. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES • (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON A PORTION OF RED BUD LANE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.B.1. Consider an ordinance rescheduling the March 13, 2003 meeting of the Round Rock City Council to March 6, 2003 due to SpringBreak.reak• Several members of the Council will be out of town for Spring Break. This ordinance complies with the City Charter and the ordinance that sets the schedule for the Council to meet. This ordinance will only be applicable for this year. ORDINANCE NO. AN ORDINANCE RESCHEDULING THE FIRST REGULAR MARCH MEETING OF THE ROUND ROCK CITY COUNCIL FOR THE MONTH OF MARCH, 2003; 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: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell 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 and to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. jgF50LO7'10 J-1016 '- 11-A.LConsider a resolution authorizing the City Manager to issue a purchase order to DuPont Flooring Systems for the replacement of carpet at the Stadium/Convention Center 221 FEBRUARY 13,2003 Complex. This item was approved under the consent agenda. The total cost to replace the carpet would be$61,000. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the replacement of carpet at the Stadium/Convention Center Complex, and WHEREAS, DuPont Flooring Systems has submitted the lowest responsible bid, and • WHEREAS, the City Council wishes to accept the bid of DuPont Flooring Systems, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of DuPont Flooring Systems is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to DuPont Flooring Systems for the replacement of carpet at the Stadium/Convention Center Complex. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 February 2003. 13.B.1. Consider a resolution authorizingthe Mayor to execute an Interlocal Contract for Orthophotography with the Capital Area Planning Council for aerial photography updates of selected high growth areas in and around the City. Joe Vining,Planning Director made the staff presentation. In 2001 the City and CAPCO entered into an inter-local agreement for an aerial photo of the entire extra-territorial jurisdiction(ETJ). The contract was completed in September 2001. Since that time,rapid growth has taken place through out the ETJ and surrounding areas. The SH45/La Frontera area was updated in early 2002 but continues to grow as more development has taken place. Several other areas around the City have also experienced significant development since 2001 as well. There is also a need for precise photography in the area of the proposed SH130/Chandler Rd. intersection. The opportunity now exists to update selected portions of the aerial imagery and topographic mapping in the Round Rock area, since CAPCO is once again photo mapping the 10 county region.CAPCO on. These much needed � updates will greatly enhance the mapping and GIS products used to support Planning,Public Works,Police, Fire,Parks and Recreation, as well other Departments in the City and the general public. The total cost of this project would be$69,991.92. . 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 Contract for Orthophotography with the Capital Area Planning Council for Aerial Photography Updates of selected high growth areas in and around the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Contract for Orthophotography with the Capital Area Planning Council, a copy of said Contract being attached hereto as Exhibit"A"and incorporated herein for all purposes. 222 FEBRUARY 13, 2003" The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 February 2003. 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: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. *13.C.1. Consider a resolution authorizing the closing of a portion of Main Street from 7:45 o'clock a.m. until 8:45 o'clock a.m. on February 22, 2003 for the annual Opening Day Parade of 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 Main Street, from 118 W. Main Street to 901 E. Main Street at the Sam Bass Baseball Fields, be closed for its annual Opening Day Parade on February 22, 2003, from 7:45 o'clock a.m. to�8:45 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 Main Street be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of-the meeting at which this Resolution was adopted was posted and that such_ meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of February 2003. 13.D.1. Consider a resolution authorizing the Mayor to execute a contract with H. Deck Construction for the Improvements for Chisholm Trail North, Orion Street and Old Settlers Park Parking Lots. Danny Halden, City Engineer made the staff presentation. Chisholm Trail north of Wolle Lane to its intersection with 11135 has experienced a great deal of truck traffic and is in a somewhat dilapidated condition. This service will provide interim improvements to Chisholm Trail until the road is ultimately reconstructed in the future. Orion Street basically between Satellite View and Chandler Road abuts residential properties as well as an elementary school 223 FEBRUARY 13, 2003 and is in need of curb and gutter, pavement and valley gutter repairs. This service will provide needed improvements to Orion Street, which will facilitate drainage and enhance the road's aesthetics. Three parking lots at Old Settlers Park that are currently unpaved are in need of curbing and paving to better serve park users. This service will provide curbing and paving for three parking lots at Old Settlers Park that will allow the lots to be more users friendly and • enhance the park setting. The City received and opened six bids on January 28, 2003. H. Deck Construction submitted the best bid in the amount of$451,183.25. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for Improvements to Chisholm Trail North, Orion Street and Old Settlers Park Parking Lots, and WHEREAS,H. Deck Construction has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of H. Deck Construction, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with H. Deck Construction for Improvements to Chisholm Trail North, Orion Street and Old Settlers Park Parking Lots. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 February 2003. • NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. • 13.D.2. Consider a resolution authorizing the Mayor to execute a contract with HDR Engineering, Inc. to provide preliminary roadway and bridge schematic design, and bridge and railroad crossing coordination services for the segment of Red Bud Lane from US 79 to just south of CR 123. Tom Word, Director of Transportation Services made the staff presentation. The City is developing a project to rebuild and widen Red Bud Lane from CR 123 to Forest Creek Boulevard. The project will develop and coordinate with Union Pacific Railroad a long- term crossing plan to cover all railroad crossings from the future Double Creek Drive to the 224 FEBRUARY 13,2003 Round Rock East city limits. This project will also complete the gap on Red Bud Lane from CR 123 to US 79. This proposal from HDR will complete the development through schematic design. A supplemental agreement for plan preparation and contract documents will be prepared upon completion of this first phase of design. The engineer has agreed to perform the work for $138,764.00. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain engineering services for preliminary schematic design, preliminary hydrological and hydraulic studies, and railroad coordination services for the segment of Red Bud Lane from US 79 to just south of CR 123, and WHEREAS, HDR Engineering, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with HDR Engineering, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with HDR Engineering, Inc.; for preliminary schematic design,preliminary hydrological and hydraulic studies, and railroad coordination services for the segment of Red Bud Lane from US 79 to just south of CR 123, 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 February, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 13.D.3. Consider a resolution authorizing the Mayor to execute a contract with PBS&J • to provide Phase I engineering services for the design and construction of the extension of Creek Bend Road from Creek Bend Circle to Wyoming Springs Drive. Tom Word, Director of Transportation Services made the staff presentation. The City is developing a project to continue the 4-lane divided arterial street, Creek Bend Road,with a proposed bridge over Brushy Creek from Creek Bend Circle to Wyoming Springs Drive. This proposal from PBS&J will involve preliminary engineering work required to develop the project including an environmental FEBRUARY 13, 2003 constraints map,rendering for aesthetic treatment of structures,preliminary drainage and water quality facilities, alternatives analysis, design schematic based on the technically preferred alternative and ultimately a set of bidding documents through completion of construction and opening the roadway to traffic. The engineer has agreed to perform the work for$161,475.00. RESOLUTION NO. . WHEREAS, the City of Round Rock desires to retain engineering services for Phase I � g engineering services for the design and construction of the extension of Creek Bend Road from Creek Bend Circle to Wyoming Springs Drive, and WHEREAS, PBS&J has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with PBS&J, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with PBS&J for Phase I engineering services for the design and construction of the extension of Creek Bend Road from Creek Bend Circle to Wyoming Springs Drive, 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 February, 2003. 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: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 13.D.4. Consider a resolution authorizing the Mayor to execute an Agreement for the • Installation and Reimbursement for the Operation and Maintenance of Traffic Signals within a Municipality with the Texas Turnpike Authoritv Division of the Texas Department of Transportation. Tom Word,Director of Transportation Services made the staff presentation. The State has a policy,which requires a City to install, maintain, and operate all traffic signals located on controlled access highways within the City when the population of the City exceeds 50,000 by the latest Federal Census. This agreement provides for the transfer of the responsibility for controlled access highway traffic signal devices from TxDOT (TTA)to the 2 :2 :5 FEBRUARY 13,.2003 City of Round Rock. The transfer of responsibility should occur on March 1, 2003. These traffic signals are on the SH 45 Frontage Roads. The City will be reimbursed$8,645.40 to defray the cost of the improvements. RESOLUTION NO. WHEREAS, Commission Minute Order 85777 authorizes the Texas Department of Transportation ("TxDOT") to install, operate, and maintain controlled access highway traffic • signals in cities having a population of less than 50,000, and WHEREAS, the City of Round Rock has a population of more than 50,000 according to the latest Federal Census, and WHEREAS, the City of Round Rock wishes to assume the installation, operation, and maintenance responsibility for traffic signals on the SH 45 Frontage Roads, and WHEREAS, the City wishes to enter into an Agreement .for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals within a Municipality with the Texas ' Turnpike Authority Division of the Texas Department of Transportation ("Agreement"),Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of 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 13th day of February, 2003. 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 Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem'Nielson ACTION: The motion carried unanimously. 13.D.5. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Commercial Consolidated for the construction of the East Water Transmission Line (Phase P Improvements. Tom Clark, Director of Utilities made the staff presentation. The first phase of East Side water system improvements is under construction by Commercial Consolidated, Inc. (CCI). Approximately 8,000 feet of 48-inch ductile iron water line is being constructed from the City's Water Treatment Plant to an existing 36-inch water line at the intersection of C.R.116 and Westinghouse Road that will feed the Barton Hill Water Tank. The purpose of this Change Order is to install a 36"Butterfly Valve at CR 116. Also, included in this change order is replacement 227 FEBRUARY 13,2003 of 817 linear feet of standard joint pipe with restrained joint pipe in order to pressure test this portion of the water line prior to acceptance. This change is required to comply with the six- month time limit placed upon the City by the construction easement agreement with Roger Beasley's properties. HDR prepared and reviewed the proposed change order to the CCI, Inc. contract with the City and recommended approval. Staff concurred with HDR and recommended approval of this change order in the amount of$45,856.00. The original contract amount was $2,287,456.50. This Change Order No. 1 will increase the contract amount by$45,856.00 or 2% over the original contract amount. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Commercial Consolidated Inc. for the construction of the East Water Transmission Line (Phase I) Improvements, 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. 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 Commercial Consolidated Inc. for the construction of the East Water Transmission Line (Phase I) Improvements, 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 13th day of February 2003. 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: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe • Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 13.D.6. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Martin K. Eby Construction Company, Inc. for the construction of the Water Treatment Plant Expansion,Phase V. Tom Clark, Director of Utilities made the staff presentation. Martin K. Eby Construction Company is currently under contract with the City to 22 FEBRUARY 13, 2003 construct a 24-MGD Water Treatment Plant, including an additional high service pumping capacity,new chlorine storage and feed facility. During the course of work, the contractor discovered several items related to unforeseen conditions including items that were not shown on existing record drawings,modifications that will improve the project to the City's benefit and provide for more efficient operations of the plant. When the project was bid, Eby proposed several alternate product manufactures for the City's consideration and associated credits to the contract amount. After careful review by City and CDM staff some of the alternate product manufacturers were accepted resulting in a credit to the project of approximately$149,000.00. CDM prepared and reviewed the proposed change order to the contract with Martin K. Eby Construction Company Inc. and recommended approval of the change order. Staff concurred with CDM's recommendation and requested approval of the change order in the amount of(- $70,810.00). This Change Order will decrease the original contract amount of$15,229,552.50 by 0.47%. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Martin K. Eby Construction Co., Inc. for the construction of the Water Treatment Plant Expansion,Phase V, 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. 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 Martin K. Eby Construction Co., Inc. for the construction of the Water Treatment Plant Expansion, Phase V, 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 13th day of February 2003. 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: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson 229 FEBRUARY 13, 2003 ACTION: The motion carried unanimously. 13.D.7. Consider a resolution authorizing the Mayor to execute an Annual Purchasing Agreement for Analytical Services for Water Plant with DHL Laboratory Services. Tom Clark, Director of Utilities made the staff presentation. The City is required to collect water quality data to report to the State. The annual cost of this requirement is $40,000. The various analyses were bid and two bids were received. To ensure the lowest cost, staff selected the lowest bid from each vendor for each bid item resulting in the need for two contracts. The cost of the services is $20,000. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for laboratory services to collect water quality data, and WHEREAS, DHL Analytical, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of DHL Analytical, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Annual Purchasing Agreement for Analytical Services for Water Plant with DHL Analytical, Inc., a copy of said Agreement 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 February 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: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson • ACTION: The motion carried unanimously. 13.D.8. Consider a resolution authorizing the Mayor to execute an Annual Purchasing Agreement for Analytical Services for Water Plant with Lower Colorado River Authority- Environmental Laboratory Services. Tom Clark, Director of Utilities made the staff presentation. The City is required to collect water quality data to report to the State. The annual cost of this requirement is $40,000. The various analyses were bid and two bids were received. 230 FEBRUARY 13, 2003 To ensure the lowest cost, staff selected the lowest bid from each vendor for each bid item resulting in the need for two contracts. The cost of the services is $20,000 RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for laboratory services to collect water quality data, and WHEREAS, Lower Colorado River Authority - Environmental Laboratory Services has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Lower Colorado River Authority-Environmental Laboratory Services,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Annual Purchasing Agreement for Analytical Services for Water Plant with Lower Colorado River Authority- Environmental Laboratory Services, a copy of said Agreement 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 February 2003. 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: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. *13.D.9. Consider a resolution authorizing the Mayor to execute a Professional Services Agreement with Baker-Aicklen&Associates, Inc. for topographic survey and plattingof f the Lake Creek Well Site and the future Parks and Recreation Department Yardsite. This item was approved under the consent agenda. The cost of the services is $10,700.00. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain engineering services for topographic survey and platting of the Lake Creek Well Site and the future PARD Yardsite, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted a Professional Services Agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Baker-Aicklen & Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Professional Services Agreement with Baker-Aicklen &Associates, Inc., for topographic survey and platting of the Lake Creek Well Site and the future PARD Yardsite, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. 231 FEBRUARY 13,2003 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 February 2003. 13.D.10. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement Between Owner and Architect with Standard form of Architect's Services, and Supplement Agreement No. 1 with Spencer Godfrey Architects for the design and construction phase for the Senior Activity Center and Parking Garage, Larry Madsen, Construction Manager made the staff presentation. Spencer Godfrey has completed the schematic design phase of the project. The City will now enter into a contract to complete the design development, construction drawings, and bidding and construction phases of the project. The contract is in the amount of$334,906.00 with an additional fee not to exceed the amount of $19,500 for reimbursable allowances. The size of the existing center does not meet the programming needs of the senior population and is in need of repair. The new center will provide an opportunity for additional programs and an increase in membership and participation The senior community has been actively involved. In addition to the Focus Group and Design Team, • public meetings have been held to discuss issues, concerns and to solicit input. The cost of the services is $354,406.00. Bo Spencer of Spencer Godfrey Architects gave a brief overview of the floor plan, mall area and exterior of the building. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the design and construction phase for the Senior Activity Center and Parking Garage, and WHEREAS, Spencer Godfrey Architects has submitted a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ("Agreement"), and Supplemental Agreement No. 1 to provide said services, and WHEREAS, the City Council desires to enter into said Agreement, and Supplemental Agreement No. 1 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 ("Agreement"), and Supplemental Agreement No. 1 with Spencer Godfrey Architects • for the design and construction phase for the Senior Activity Center and Parking Garage, a copy of said Agreement, and Supplemental Agreement No. 1 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 February 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: 232' FEBRUARY 13, 2003 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 Knight • Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 13.D.11. Consider a resolution authorizing the mayor to execute a Real Estate contract with TRK Investments, L.L.C. for the purchase of an 8.68 acre tract of land for the new Police Department site. Paul Conner, Chief of Police made the staff presentation. Brinkley Sargent assessed several sites. The site assessment provided by Brinkley Sargent, determined that it is in the best interest of the City to purchase site number seven(7) for the future site of the new facility for the Round Rock Police Department. This location has the best exposure, sector access east and west and best site slope for secure parking and will allow accessibility and visibility for the new police facility. The purchase price is $824,259.74. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to purchase a 8.68 acre tract of land at the corner of Greenhill Drive and Old Settlers Boulevard for the new Police Department site, and WHEREAS, TRK Investments, L.L.C., 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 TRK Investments, L.L.C. for the purchase of the above described property, a copy of said Real Estate 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 13th day of February 2003. 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: Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell - - 233 FEBRUARY 13,2003 Noes: Councilmember McGraw Absent: Mayor Pro-tem Nielson ACTION: The motion carried with 5 ayes and 1 no. 13.E.1. Consider a resolution authorizing the Mayor to execute a Professional Services Agreement with Prime Strategies, Inc. for professional services associated with the Round Rock Higher Education Center. Jim Nuse, City Manager made the staff presentation. The location of a • permanent campus for the Round Rock Higher Education Center(RRHEC) has been identified as a priority for the Round Rock community. Prime Strategies will provide professional services which consist of assisting the City and its lobbyists with its support of a legislative funding initiative for the RRHEC; assist the City, in coordination with the Chamber of Commerce and Momentum, in its development of a comprehensive community support/public involvement effort promoting the RRHEC; assist the City in developing and implementing a comprehensive schedule for the approval and construction of the first phase of the RRHEC slated for opening Fall 2005. The cost of these services will not exceed$16,500. RESOLUTION NO. - WHEREAS, the City of Round Rock desires to retain professional services in support of the legislative funding initiative for the Round Rock Higher Education Center, and WHEREAS, Prime Strategies, Inc. has submitted an Agreement for Consulting Services • to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Prime Strategies, 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 Consulting Services with Prime Strategies, Inc., 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 February 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councihnember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. .2 .3 4 FEBRUARY 13, 2003 NEW BUSINESS: 14.A. Consider discussion and possible action regarding the Real Estate Contract with WHM Acquisitions, Inc. to purchase a 12.980-acre tract of land on Greenhill Drive. Steve Sheets, City Attorney made the staff presentation. On September 6, 2002, the Council approved a Real Estate Contract with WM Acquisitions, Inc. for the possible purchase of 12.980 acres for the proposed new Police Department facility. This Contract provided for a ninety-day feasibility • period,which expired December 5, 2002, and a closing date of December 20, 2002. The City deposited$10,000 as earnest money, which was fully refundable, if the City determined that the property was not feasible. On November 26, 2002, the Council approved an Extension of Real Estate Contract that extended the feasibility period to February 5, 2003 and the closing date to February 20; 2003. The consideration for this extension was that$4,000 out of the $10,000 earnest money would not be refundable and the purchase price of the property would increase by $66.76/day from December 20, 2002 until the closing date. On January 31, 2003, the seller agreed to extend the feasibility period from February 5, 2003 until February 14, 2003 at 5:00 p.m. Staff recommended that since the Council determined that it was in the best interests of the City to purchase the 8.68-acre tract that this contract be terminated. The amount of unrefundable • earnest money is $4,000. MOTION: Councilmember Pitt moved that the Council has determined that the purchase of this 12.980-acre tract is not feasible and that this Contract should be terminated. Mayor Maxwell seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. APPOINTMENTS: 15.A. Consider one appointment to the Round Rock Housing Authority to fill an • unexpired term. Terrel LeCesne, Jon Mertz, John Greeley and Linda Martinez submitted letters of interest. Mayor Maxwell opened the floor for nominations. Terrell LeCesne and Linda Martinez were nominated. MOTION: Councilmember Coe moved that nominations cease. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw • 235 FEBRUARY 13,2003 Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. • A poll of the Council resulted in the following. Terrell LeCesne—received 3 votes Linda Martinez—received 3 votes MOTION: Councilmember.Gallahan moved to table the appointment. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 10:10 p.m. Res'pectfully Submittedd,, 01 /L Christine R. Martinez, City Secretary • 236 FEBRUARY 26, 2003 The Round Rock City Council met in Work Session on Wednesday, February 26, 2003 at 8:00 a.m. at the Austin Marriott at Round Rock in the Austin Room, 2600 La Frontera Boulevard. CALL WORK SESSION TO ORDER- 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 Jim Nuse, Assistant City Manager/Chief Financial,Officer David Kautz, City Attorney Steve Sheets, Planning Director Joe Vining, Police Chief Paul Conner, Fire Chief Lynn Bizzell, Library Director Dale Ricklefs, Parks and Recreation Director, Sharon Prete, Human Resources Director Teresa Bledsoe, Communications Director Will Hampton, Public Affairs, Business Development Director Nancy Yawn and Assistant to the City Manager Cindy Demers. WORK SESSION: 3.A. Consider staff briefings and Councilmembers discussion and Questions regarding items on the agenda for the February 27, 2003 City Council meeting. Staff briefed the Council on the agenda for the February 27, 2003 work session. There was no discussion regarding the agenda. 3.B. Consider opening remarks by the City Manager. Jim Nuse informed the Council that this work session was to update the Council on several items that staff has been working on since the work session in August 2002. 3.C. Consider presentation and discussion on the City's economic outlook. 3.C.1. Impact on budget. David Kautz, Assistant City Manager outlined items 3.C. and 3.C.1. at the same time. He informed the Council that the City is in"good shape" as it currently stands. He outlined graphs regarding the City's population growth by year; building permits issued for single family residential construction; taxable assessed valuations: multi-year trend; sales revenue by year. Mr. Kautz also outlined graphs on the General Fund Revenues and expenditures by year, costs associated with the water/wastewater utility system and what impact fees are being used for in water and wastewater projects. 3.C.2. Capital Improvement Program status. Mr. Kautz outlined the G.O. Bond—Building, • Drainage and Sidewalk Projects status report and the Authorized General Obligations Bonds. 3.D. Consider review and discussion of the City's Strategic Plan. Dale Ricklefs gave a brief overview of the goals and objectives of the Strategic Plan. She added that this Plan ties into the Strategic Budget and staff is proposing to revamp the Plan in 2004 and would also like to conduct another survey that year. 23-. 1 FEBRUARY 26,2003 3.E. Consider presentation and discussion of the City's strategic calendar for the coming year. Cindy Demers outlined the purposed of the Strategic Calendar. The calendar will be used as an organized planning tool for staff and Council concerning forthcoming issues that will need to be addressed. 3.F. Consider discussion regarding the Home Investment Partnerships Program(HOME • Program). Joe Vining gave a brief overview of the HOME Program. He noted that this program would require a substantial match in budget funding. The program would need to be managed by two individuals, a building inspector who would need substantial training and a financial person to manage the funds. Mr. Vining recommended that this would not be a good time to take on this program. Also, if a small project comes up that the CDBG funds can be utilized. 3.G. Consider an update of the recent sign enforcement activities and the proposed Sign Plaza Program. Mr. Nuse reported that when staff first picked up signs in the right-of-way, 1,028 to 1,400 builders signs were picked up and 250 to 400 signs advertising miscellaneous businesses or garage sales were picked up. Mr. Vining added that the builders and individuals were contacted through the number that was being advertised and-informed them of the City's regulation regarding signs. The next time that staff went out to pick up signs,the number in the • right-of-way was a lot, less,which showed general compliance. The Council and staff proceeded to discuss the handout concerning the proposed Sign Plaza Program that Mr. Vining outlined. It was noted that this kiosk plan was to be utilized only by builders. And the purpose of the kiosk is mainly as a directional sign and not for advertising. Discussion progressed to the various types of signs that were being placed in the right-of-way. Concerns were expressed regarding open house signs in the right-of--way. - eesi The Council asked staff to contact other cities that have similar regulations and ask if general businesses or real estate business were affected and if so,how. The Council asked that an agreement be drafted for the kiosk plan to be addressed sometime in April so Council can decide whether to amend the sign ordinance by adding the kiosk plan or whether to maintain the current • ordinance and direct that it be enforced. The Council recessed for lunch. 4.H. Consider discussion of legislative issues.— 1:00 P.M. Councilmember Gallahan excused herself for the remainder of the meeting due to a prior commitment. Staff provided information from the Texas Municipal League's Legislative Program for 2003 for discussion. The information outlined legislation that TML will support, endorse, or oppose. 233 FEBRUARY 26, 2003 4.11.1. Round Rock Higher Education Center Ms. Demers outlined the task calendar and Mr. Kautz outlined the bill concerning this item. Randy Cain, lobbyist for the City outlined the legislative aspect concerning the Round Rock Higher Education Center. He gave an overview of the strategy that needs to be taken for this project. He added that the entire delegation is working hard on this and it is being received very well. They are working on establishing the needs and total community support. • 4.H.2. Sales Tax Mr. Kautz gave an overview of the City's sales tax revenue. He explained that a bill has been authored but not introduced that would implement changes concerning among other things, the state tax holiday,participation incentives; destination based sourcing and remote taxation. The City's sales tax revenue is at risk if the sourcing rules change. Mr. Cain noted that currently there are no sponsors for this bill and that this is a bill that the City wants to take seriously and keep an eye on. 4.H.3. Annexation Mr. Vining gave an overview of H.B. 568 that was filed. This bill would significantly erode municipal annexation authority so a letter needs to be drafted that explains the City's feelings regarding this bill. 4.H.4. General update from the City's lobbyist,Randy Cain and Susan Rocha. Randy Cain and Susan Rocha, the City's lobbyist gave a brief overview on legislative bills that were filed. There were 300 bills filed that would affect cities. 4.I. Consider discussion regarding the City's Impact Fees Policy. Mr. Nuse gave an overview regarding impact fees, calculation of LUE's, waiver of impact fees and use of funds and Mr. Kautz provided additional information noting that this is an important revenue source for the utility. 4.J. Consider an update and discussion regarding Economic Development. Nancy Yawn outlined the.Target Industry and Marketing Strategic Plan and gave an update on the status. Mr. Sheets outlined the state statute concerning Economic Development Programs and an Executive Summary of the Chapter 312, Tax Code; property Redevelopment and Tax Abatement Act. • Mr. Vining outlined the history of tax abatements and which companies have a tax abatement agreement with the City. Charlie Dromgoole of the Chamber of Commerce offered additional information regarding economic development. Mayor Maxwell asked Mr. Dromgoole to get the Retail Committee energized so they can help recruit retail businesses. 239 FEBRUARY 26,2003 4.K. Consider discussion on the Hotel Occupancy Tax and a proposal from the Round Rock Express regarding the expansion of the Stadium/Convention Center Complex. Mr. Nuse gave an overview of the proposal concerning the expansion of the Round Rock Stadium and Convention Center complex. Mr. Kautz outlined the revenue and expenditures in the Hotel Occupancy Tax Fund, • specifically the Hotel and Tax Reserve and how this protects the City's commitment. In addition he gave an overview of the Hotel Occupancy Tax Collections,Flow of Funds chart. Sharon Prete provided information regarding the City and Chamber of Commerce long- range plan regarding tourism. 4.L. Consider an update and discussion concerning TxDOT's Central Texas Regional Airport Project. Ms. Demers gave an update on TxDOT's Central Texas Regional Airport Project. TxDOT's Aviation Division recently received Federal Aviation Administration funding to study the feasibility and best location for a new general aviation airport in the Austin area as mandated by the State Legislature. Wilbur Smith Associates was selected to complete the feasibility, site selection,master plan, and environmental assessment studies. It is anticipated that the entire study process will take approximately 18 months.Ms. Demers provided information • that gave an overview of the study process and summary of work completed to date. 4.M. Consider an update on the Capital Area Rural Transportation System(CARTS) service in Round Rock. Tom Word provided information on unduplicated trips that CARTS provides for Round Rock and an analysis of Public Transportation trips. He outlined the options that can be utilized. He noted that staff is looking at every option that will help to continue providing the transportation service needs for residents. 4.N. Consider discussion regardingthe e City's extra-territorial jurisdiction. Mr. Vining gave a brief overview of the area and need to define the City's extra-territorial jurisdiction(ETJ). He added that this would require ETJ exchanges with Hutto, Leander, Georgetown and Austin. The proposal will be brought to the Council at a future date for consideration. • 4.0. Consider discussion regarding the August 2003 Work Session. This item was not addressed. ADJOURNMENT: There being no further business, the meeting adjourned at 5:32 p.m. Respectfully submitted, e Christine R. Martinez, City Secretary 240 FEBRUARY 27, 2003 The Round Rock City Council met in Executive Session and Regular Session on Thursday,February 27, 2003, 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 Jim Nuse and City Attorney Steve Sheets. EXECUTIVE SESSION 3.A. Executive Session as authorized by 051.071 Government Code, related to pending litigation, to.wit: Cause No. 02-784-C26, Cox Texas Newspaper, L.P., d/b/a/Austin American- Statesman vs. City of Round Rock, Texas. The Council entered into Executive Session at 6:47 p.m. and adjourned at 7:04 p.m. CALL REGULAR SESSION TO ORDER—7:00 P.M. The regular session was called to order at 7:05 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 Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: David Leppin, 503 E. Main Street, expressed his appreciation for the dedication and foresight of the Fire and Police Departments during the recent winter storm. Kenneth Snyder, 4406 Northridge, expressed his concern regarding the water and wastewater situation in Northridge Acres,which is located outside the city limits of Round Rock. Nettie Brown, 3805 Prairie Lane, expressed her concern regarding the water and wastewater situation and the health hazards in Northridge Acres, which is located outside the city limits of Round Rock. She informed the Council that Northridge has applied for a grant from the • State to address the water situation but needs Round Rock to be a sponsor of the grant. John Bradshaw, 1542 Weiskopf Loop, expressed his appreciation of Round Rock's preparedness and dedication during the recent bad weather days. In addition, Mr. Bradshaw expressed his concern regarding the reconstruction of County Road 122. He asked the Council to reconsider the plans due to the increase in traffic on County Road 122. 241 FEBRUARY 27,2003 Hossain and Orlena Mehrabian, 3200 Kiphen Road, expressed their concern regarding the improvements on Kiphen Road. They asked that another public hearing regarding this project be held so the residents will have an opportunity to provide their concerns. Bill Camp,2310 Stirrup Drive, expressed his concern regarding the request for funds associated with the proposed expansion of the Round Rock Express ballpark. • Dutch Holland, 907 Martin Avenue, and Jim Porter, 1113 Ledbetter, from the Round Rock Senior Foundation invited everyone to the annual Daffodil Day Festival that will be held on Saturday,March 1, 2003 at the Round Rock Senior Center. Ms. Carlile, member of the Foundation gave highlights of the activities and auction items. Mayor Maxwell recognized Boy Scouts, Troop 365 and Troop 165 who were at the meeting working on their citizenship in the community badges. PRESENTATIONS: 5.A.1. Consider a presentation concerningthe conversion of its disinfection process from chlorine to chloramine. Tom Clark,Director of Utilities made the staff presentation. The City is converting the water disinfection process from chlorine to chloramine in order to comply with new regulations and improve the quality of the City's water. The current process uses chlorine that causes chemical byproducts that are believed to cause cancer in laboratory animals. Although the studies are inconclusive, the City is committed to providing the safest water supply possible. This change is being made in order to comply with.new regulations promulgated by the U.S. Environmental Protection Agency. This change will take effect March 3, 2003. Persons who are on dialysis and customers who own or maintain aquariums should take precautions. Dialysis patients with home dialysis units should consult their personal physician for advice. Customers who own or maintain aquariums should contact their pet store because a different chemical is required to de-chlorinate the water. 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. *7.A. Consider approval of the City Council meeting minutes for the Regular Session of February 27, 2003. *9.B.1. Consider a resolution authorizing the closing of portions of County Road 113, Aten Loop and Harrell Parkway on March 8 2003 for the Three-Legged Willie 13-K race. 242 FEBRUARY 27, 2003 *9.E.1. Consider a resolution authorizing the Mayor to execute an Elections Services Contract with Williamson County for the May 3, 2003 election. *9.E.2. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with Hendrix Consulting Engineers related to the City's Smoking Ordinance provisions for HVAC system filtration. *9.I.1. Consider a resolution authorizing a property tax refund to Wilshire Homes, Ltd. • For 2002 taxes in the amount of$1,740.08. *9.I.2. Consider a resolution authorizing a property tax refund to Sentry Financial Corporation for 2002 taxes in the amount of$1,927.94. *9.I.3. Consider a resolution authorizing a property tax refund to Pulte Homes of Texas, L.P. for 2002 taxes in the amount of$1,101.42. *9.I.4. Consider a resolution authorizing a property tax refund to Healthline Nutrition Superstore for 2002 taxes in the amount of$517.41. *9.I.5. Consider a resolution authorizing a property tax refund to Steven C. and Diane A. Daycock for 2002 taxes in the amount of$805.63. 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 Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7.A. Consider approval of the City Council meeting minutes for the Regular Session of February 27, 2003. This item was approved under the consent agenda. ORDINANCES: 8.A.1. Consider an ordinance amending Chapter 1, Sections 1.1703, 1.1706, and 1.1707 • of the Round Rock Code of Ordinances (1995 Edition), increasing the recreation program fees. (,First Reading) Sharon Prete,Parks and Recreation Director made the staff presentation. Due to increased program cost, the Parks and Recreation Department(PARD) has recently assessed its fee structure and recommended increases in the following areas: facility/equipment rentals,pool entry fees, and Clay Madsen Recreation Center(CMRC)memberships. There has not been a fee change for 3 to 5 years. The General Fund subsidizes PARD programs, and the City tries to 243 FEBRUARY 27, 2003 maintain a 75%recreation program recovery rate through the collection of fees, sponsorships and grants annually. The City's new marketing person has been making solicitations for sponsorship and scholarship funds which will help achieve the goal of a 75% cost recovery of the Recreation Division expenses. ORDINANCES • AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1703, 1.1706, AND 1.1707, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO INCREASE RECREATIONAL PROGRAM FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. MOTION: Councilmember Pitt 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. RESOLUTIONS: • 9.A.1. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with Development Counsellors International for national media relations services. Nancy Yawn,Director Public Affairs, Business Development made the staff presentation. The implementation of Phase I as recommended by Angelou Economics in the Round Rock Target Industry&Marketing Strategic Plan were as follows: a new brand/tagline, developing an economic development website and identify and involving local media. Phase I of the marketing campaign was successful. DCI will take the City to Phase II of the Public Relations recommendations of the Economic Development Plan. Their unique expertise will greatly assist Round Rock in accomplishing its economic development goals. DCI has served over 300 states, cities,regions and countries since 1960. They specialize solely in economic development and tourism marketing and are extremely well networked in the National Media • " realm. In addition DCI maintains a database of 150 plus location advisors who specialize in assisting key corporations in site selection. DCI will orchestrate a national media focus to give Round Rock national recognition. This will take Round Rock to the next level in the implementation of the City's Economic Development Plan. This agreement will be from March 1 through September 30, 2003 at a cost of$60,565. RESOLUTION NO. 244 FEBRUARY 27,2003 WHEREAS, the City of Round Rock desires to retain national media relations services, and WHEREAS, Development Counsellors International has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Development Counsellors International,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 Consulting Services with Development Counsellors International, for national media relations 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 27th day of February 2003. 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. *9.B.1. Consider a resolution authorizing the closing of portions of County Road 113, Aten Loop, and Harrell Parkway on March 8, 2003 for the Three-Legged Willie 13-K race. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Parks and Recreation Department has requested that the following streets be closed on March 8, 2003 for the Three-Legged Willie 13-K Race: County Road 113 between Harrell Parkway and Aten Loop from 8 a.m. to 10 a.m., Aten Loop from 8 a.m. to 10 a.m., and Harrell Parkway from the southernmost entrance to Dell Diamond to County Road 113 from 6:00 a.m. to 11 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 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 27th day of February, 2003. 9.C.1. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with Watson Wyatt & Company o update the City's Employee 245 FEBRUARY 27,2003 Compensation System. Teresa Bledsoe,Human Resources Director made the staff presentation. This would be the third update of this plan. Maintenance of the compensation system requires that the City continue its current practice of addressing market pressures and internal equity on an ongoing basis and that a thorough market study be conducted every two years. The last market study was conducted in 2001. Estimated cost for the project is between$32,800 and • $39,300. This service will help to ensure that the City's Pay and Classification Plan remains competitive in the appropriate market. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services to update the employee compensation system, and WHEREAS, Watson Wyatt & Company has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council .desires to enter into said Agreement for Consulting Services with Watson Wyatt & Company,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services with Watson Wyatt & Company to update the employee compensation 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 27th day of February, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw 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. 9.D.1. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services, and Supplemental Agreement No. 1 with Moman Architects for the renovation of a building at 212 Commerce Cove to house the Transportation and Utility division of Public Works. Larry Madsen, Construction Manager made the staff presentation. In November 2001,the voters approved this project, through the General Obligation Bond issuance, to accommodate the 246 FEBRUARY 27, 2003 growth in personnel staff at Public Works. This building will house offices for current and future employees of the Transportation and Utility Administration within the Public Works Department. The relocation of these departments will help with the accommodations of new personnel. The cost of this service is $9,500.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services • for the renovation of a building at 212 Commerce Cove to house the Transportation and Utility division of Public Works, and WHEREAS, Moman Architects has submitted a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ("Agreement"), and Supplemental Agreement No. 1 to provide said services, and WHEREAS, the City Council desires to enter into said Agreement, and Supplemental Agreement No. 1 with Moman 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 ("Agreement"), and Supplemental Agreement No. 1 with Moman Architects for the renovation of a building at 212 Commerce Cove to house the Transportation and Utility division of Public Works, a copy of said Agreement, and Supplemental Agreement No. 1 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 February, 2003. 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 McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. *9.E.1. Consider a resolution authorizing the Mayor to execute an Election Services' • Contract with Williamson County for the May 3, 2003 election. This item was approved under the consent agenda. Early voting will be conducted at the following locations and times. Robert G. &Helen Griffith Public Library, 216 E. Main Street RRISD Administration Building, 1311 Round Rock Avenue United Heritage Conference Center, 3400 E. Palm Valley Boulevard Clay Madsen Recreation Center, 1600 Gattis School Road Forest North Elementary School, 13414 Broadmeade, Austin Westwood High School, 12400 Mellow Meadow Drive, Austin 247 FEBRUARY 27,2003 April 16 -April 18, 2003 (Weekdays) 8:00 a.m. - 5:00 p.m. April 19, 2003 (Saturday) 8:00 a.m. - 12:00 noon April 21 -April 25, 2003 (Weekdays) 8:00 a.m. - 5:00 p.m. April 26, 2003 (Saturday) 8:00 a.m. - 12:00 noon April 28—April 29, 2003 (Weekdays) 8:00 a.m. - 7:00 p.m. The polls will be open on Election Day,May 3, 2003, from 7:00 a.m. to 7:00 p.m. at: City Pct.No. 1 —Stony Point High School, 1801 Bowman Road City Pct.No. 2 - Gattis Elementary,2920 Round Rock Ranch Boulevard City Pct.No. 3 -First Baptist Church, 306 Round Rock Avenue City Pct. No. 4 -Round Rock High School, 300 Lake Creek Drive City Pct.No. 5 —Bluebonnet Elementary, 1010 Chisholm Valley Drive City Pct.No. 6—Old Town Elementary, 2001 Old Settlers Boulevard City Pct.No. 14—Wells Branch Elementary, 14650 Merriltown Drive,Austin 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 3, 2003 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 3, 2003 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 27th day of February, 2003. *9.E.2. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with Hendrix Consulting Engineers related to the City's Smoking Ordinance provisions for HVAC system filtration. This item was approved under the consent agenda. The cost of this service is $9,000 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services related to the City's Smoking Ordinance provisions for HVAC system filtration, and WHEREAS, Hendrix Consulting Engineers has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said Agreement for Consulting Services with Hendrix Consulting Engineers,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 Consulting Services with Hendrix Consulting Engineers for services related to the City's Smoking Ordinance provisions for HVAC system filtration, 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 27th day of February, 2003. 248 FEBRUARY 27, 2003 9.F.1. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services, and Supplemental Agreement No. 1 with Moman Architects for the Old Settlers Park at Palm Valley Soccer Improvements Project. Sharon Prete, Parks and Recreation Director made the staff presentation. The Old Settlers Park at Palm Valley(OSPV) Soccer Improvements is a project identified through the 2001 Bond Program and other needs assessments. After discussions with the leagues that utilize the soccer facilities at OSPV, it was determined that the greatest need is for a Restroom/Concession/Storage Facility. Another Restroom Facility is also included in this project. Its location will be at the pavilion near the Virgil Rabb Playground. This contract will provide for the planning, design, engineering, and construction management of the OSPV Soccer Improvements Project. The cost of this service is $37,375.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the Old Settlers Park at Palin Valley Soccer Improvements Project, and WHEREAS, Moman Architects has submitted a Standard Form of Agreement Between Owner and, Architect with Standard Form of Architect's Services ("Agreement"), and Supplemental Agreement No. 1 to provide said services, and WHEREAS, the City Council desires to enter into said Agreement, and Supplemental Agreement No. 1 with Moman 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 ("Agreement"), and Supplemental Agreement No. 1 with Moman Architects for the Old Settlers Park at Palm Valley Soccer Improvements Project, a copy of said Agreement, and Supplemental Agreement No. 1 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 February, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember 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. 249 FEBRUARY 27,2003 9.F.2. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement Between Owner and Architect/Consultant with Kimlev-Horn and Associaes, Inc. for the Old Settlers Park at Palm Valley Family Aquatic Center Project. Sharon Prete, Parks and Recreation Director made the staff presentation. The Family Aquatic Center at Old Settlers Park at Palm Valley was a project identified and funded through the 2001 General Obligation Bond • Program. The total amount of the project is $2,800,000.00 and the amount of this contract is $105,900.00. This contract will provide for design services through the schematic design phase of the OSPV Family Aquatic Center. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the Old Settlers Park at Palm Valley Family Aquatic Center Project, and WHEREAS, Kimley-Horn and Associates, Inc. has submitted a Standard Form of Agreement Between Owner and Architect/Consultant to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Kimley-Horn and 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 Standard Form of Agreement Between Owner and Architect/Consultant with Kimley-Horn and Associates, Inc. for the Old Settlers Park at Palm Valley Family Aquatic Center 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 27th day of February, 2003. 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. 0 9.G.1. Consider a resolution authorizing the Mavor to execute an Agreement for Engineering Services with RJN Group, Inc. for the 2002-2003 Sewer Cleaning and Internal Television Inspection-Basins CC34-Z, LC15-Z, and LC16-Z. Tom Clark, Director of Utilities made the staff presentation. This contract is to provide cleaning, inspection analysis, and reports on 128,754 linear feet of the City's wastewater collection system in three basins (CC34-Z, LC15- 250 FEBRUARY 27,2003 Z, and LC16-Z)within the Edwards Aquifer Recharge Zone. The TCEQ requires that all sewage collection systems that are constructed on the Edwards Aquifer Recharge Zone be constructed in accordance with specific criteria to ensure protection of the aquifer. Every five years, existing sewage collection systems must be inspected and tested to identify and locate structural damage and defects that would allow infiltration to occur. Damaged lines or defects must be repaired within one year of discovery. Elimination of defects will reduce the I&1 entering the system, • reducing the City's wastewater treatment cost to the LCRA and the Brazos River Authority (BRA). Most importantly the City is required under TCEQ- Edwards Aquifer Rules to inspect and test all wastewater collection systems,which will help keep the City's wastewater treatment cost down. However, it should be noted that the City would need to dedicate finances annually to comply with current laws. The cost of this service is $368,190. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the 2002- 2003 Sewer Cleaning and Internal Television Inspection, Basins CC34-Z, LC15-Z and LC16-Z Project, and WHEREAS, RJN Group, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with RJN Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with RJN Group, Inc. for the 2002-2003 Sewer Cleaning and Internal Television Inspection, Basins CC34-Z, LC15-Z and LC16-Z 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 27th day of February, 2003. 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 Y Y Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 1 251 FEBRUARY 27,2003 9.G.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with HDR Engineering, Inc. for services to update the City's water and wastewater impact fees. Tom Clark,Director of Utilities made the staff presentation. Impact fees are charged against new development in order to recover the cost of capital improvements or facility expansions necessitated by the development. The existing water and wastewater impact • fees went into effect July 11, 2002. Current impact fees for water and wastewater are $3,969 per living unit equivalent. Because of changing economics and the cost to meet future needs,these fees must be updated on a regular basis to reflect current costs of the City's utility for infrastructure to meet current and future demands. This study will consist of reviewing current capacities and proposed capital improvements to stay compliant with Chapter 395 of the Texas Local Government Code. Staff is coordinating this effort with comments from the Texas Capitol area Homebuilders Association to address concerns voiced by area builders. The cost of the service$45,000. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services to update the City's water and wastewater impact fees, and WHEREAS, HDR Engineering, Inc. has submitted an Agreement for Engineering • Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with HDR Engineering, Inc. to update the-City's water and wastewater impact fees, 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 27th day of February, 2003. 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. 252 FEBRUARY 27, 2003 9.11.1. Consider a resolution authorizing the Mayor to execute a contract with Fillip Construction Company, Inc. for the construction of turn lanes on Gattis School Road from High Country Boulevard to Red Bud Lane. Tom Word, Director of Transportation made the staff presentation. Four bids were received and opened on February 4, 2003 for the construction of turn lanes on Gattis School Road from High Country Boulevard to Red Bud Lane. Fillip Construction Company submitted the lowest and best bid of$189,863.73. The installation of a • turn lane on Gattis School Road from High Country to Red Bud Lane will provide a safer avenue of approach and exit for traffic on side streets. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of turn lanes on Gattis School Road from High Country Boulevard to Red Bud Lane, and WHEREAS, Fillip Construction Company, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Fillip 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 Fillip Construction Company, Inc. for the construction of turn lanes on Gattis School Road from High Country Boulevard to Red Bud Lane. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and • the subject 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 February, 2003. 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. 0 9.H.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Freese and Nichols, Inc. for preliminary schematic design services for improvements to Ledbetter Street. Tom Word, Director of Transportation made the staff presentation. The City is developing a project to rebuild and widen Ledbetter Street. Freese and Nichols, Inc., will prepare design schematic and construction plans for the Ledbetter Street 253 FEBRUARY 27,2003 project. The cost of the service is $95,886.13. This project was will provide for a design that in the future will give much needed improvements to Ledbetter Street. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for preliminary schematic design services for improvements to Ledbetter Street, and WHEREAS, Freese and Nichols, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Freese and Nichols, 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 Engineering Services with Freese and Nichols, Inc. for preliminary schematic design services for improvements to Ledbetter Street, 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 27th day of February, 2003. NYLE MAXWELL, 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 Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. *9.I.1. Consider a resolution authorizing a property tax refund to Wilshire Homes, Ltd. for 2002 taxes in the amount of$1,740.08. This 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, Wilshire Homes, Ltd. has made an overpayment or erroneous payment of 2002 taxes in the amount of$1,740.08; 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$1,740.08. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such 254 FEBRUARY 27, 2003 meeting was open to the public as required by law at all times during which this Resolution and the subject 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 February, 2003. *9.I.2. Consider a resolution authorizing a property tax refund to Sentry Financial Corporation for 2002 taxes in the amount of$1,927.94. This 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, Sentry Financial Corporation has made an overpayment or erroneous payment of 2002 taxes in the amount of$1,927.94; 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$1,927.94. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 February, 2003. *9.I.3. Consider a resolution authorizing a property tax refund to Pulte Homes of Texas, L.P. for 2002 taxes in the amount of$1,101.42. 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, Pulte Homes of Texas, L.P. has made an overpayment or erroneous payment of 2002 taxes in the amount of$1,101.42; 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$1,101.42. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 February, 2003. FEBRUARY 27,2003 255 *9.I.4. Consider a resolution authorizing a property tax refund to Healthline Nutrition Superstore for 2002 taxes in the amount of$517.41. 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, Healthline Nutrition Superstore has made an overpayment or erroneous payment of 2002 taxes in the amount of$517.41; 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$517.41. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 February, 2003. *9.I.5. Consider a resolution authorizing a property tax refund to Steven C. and Diane A. Davcock for 2002 taxes in the amount of$805.63. 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, Steven C. and Diane A. Daycock have made an overpayment or erroneous payment of 2002 taxes in the amount of$805.63; 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$805.63. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as'required by law at all times during which this Resolution and • the subject 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 February, 2003. 10.A.1. Consider retaining outside litigation counsel regarding Cause No. 02-784-C26, Cox Texas Newspaper, L.P., d/b/a/Austin American-Statesman vs. City of Round Rock, Texas. Steve Sheets, City Attorney made the staff presentation. Mr. Sheets outlined the qualifications of Bob Heath from the firm of Bickerstaff, Heath, Smiley, Pollan,Kever&McDaniel, L.L.P. He recommended that Mr. Heath be retained as outside counsel to represent the City on this litigation. 256 FEBRUARY 2/,2003 MOTION: Councilmember McGraw moved to retain Bob Heath as outside litigation counsel for Cause No. 02-784-C26, Cox Texas Newspaper, L.P., d/b/a/Austin American Statesman vs. City of Round Rock, Texas. 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. 11.A. Consider one appointment to the Round Rock Housing Authority to fill an unexpired term. Debbie Nagle Rippstein submitted a letter of resignation for her position on the Round Rock Housing Authority. Her term was due to expire in June 2003. Linda Martinez, Terrel LeCesne, Jon Mertz, John Greeley submitted letters of interest. Mayor Maxwell opened the floor for nominations. Linda Martinez and Terrel LeCesne were 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 Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. The following results are from a poll of the Council. Linda Martinez - 5 votes appointed Terrel LeCesne - 2 votes COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:20 p.m. Respectfully submitted, • Christine R. Martinez, City Secretary 257_ March 6,2003 The Round Rock City Council met in Regular Session on Thursday,March 6, 2003, 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 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 Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: None PROCLAMATIONS: S.A. Consider a proclamation proclaiming March 8, 2003 as Three-Legged Willie Day. Mayor Maxwell read the following proclamation and presented it to Mike Hemker, of the Parks and Recreation Department. Mr. Hemker announced that this will be the first year that the Three-Legged Willie Race will be in Old Settler's Park at Palm Valley Whereas, Williamson County, Texas, was created by the Texas Legislature in 1848, and is the County in which the City of Round Rock, Texas is situated; and Whereas, the Legislature named Williamson County, after Robert McAlpin Williamson, • a colorful character in Texas history; and Whereas, Robert McAlpin Williamson came to be known as "Three-Legged Willie", during his own life time, because he wore a wooden peg with his natural leg pulled back at the knee after he lost use of the leg from a childhood disease; and Whereas, the Round Rock Parks and Recreation Department is hosting the 24th Annual "Three-Legged Willie Distance Classic" in honor of Three-Legged Willie; and Whereas, all participants, after persevering the 8.1 miles, will share in the best reward of all which is to partake of"Willie Chili", which has been made for many years by our renowned staff member Sharon Prete, Parks and Recreation Director and Former Assistant City Manager Joanne Land, Now, Therefore, 1, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim March 8, 2003, as "Three-Legged Willie Day" in the City of Round Rock, Texas and urge all citizens to participate or to show their support of the participants of this annual event. Proclaimed this 6th day of March 2003. S.B. Consider a proclamation proclaiming March 8-14, 2003 as Clergy Appreciation Week. Mayor Maxwell read the following proclamation and presented it to a representative of • the Civitan Club. Whereas, on February 13, 1943, four chaplains aboard the sinking troopship USS Dorchester gave their lives so others might live; and Whereas, Civitan Clubs have taken the initiative to set aside a special time to recognize and honor these and modern day clergy of all faiths; and Whereas,ministers,priests, and rabbis have dedicated their lives to service; and Whereas,many citizens benefit from the presence and work of clergy in the community; Now Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby designate the week of March 8-14, 2003 as "Clergy Appreciation Week" in the City of Round Rock and encourage all citizens to show their appreciation and support for the clergy whose efforts make this community a better place in which to live. 258 March 69 2003 Proclaimed this 6th day of March 2003. PRESENTATIONS: 6.A.1. Consider a presentation concerning the Round Rock Police Department's compliance with the Texas Racial Profiling Law. Paul Conner, Chief of Police made the staff presentation. Since January 1, 2002, the Round Rock Police Department, in accordance with the Texas Racial Profiling Law(S.B.No. 1074), has been collecting police contact data to identify • and respond*(if necessary)to concerns regarding racial profiling practices:State law requires the Police Departments to provide the results of this data collection to their governing body by March 1, 2003. The Council received the report as required. 6.B.1. Consider a presentation by Microenterprise Assistance Center(Connection Station)business owners. Mona Ryan, Community Development Coordinator made the staff presentation. The Connection Station is located at 117 B East Main. It is a Microenterprise Assistance Center funded by Community Development Block Grant funds. A Microenterprise is a business with five or fewer employees, including the owner. Mona introduced three of the companies that are benefiting from the funds. They are The Ground Crew, Giraffematic Digital and Penta Medical. Business owners gave a brief overview of their business. • PUBLIC HEARINGS: 7.A.1. Consider public testimony on community needs for the development of a Community Development Block Grant strategic plan. Mona Ryan, Community Development Coordinator made the staff presentation. The laws and regulations require a public hearing each year to obtain residents' opinion about needs and what priority those needs have. The information collected is analyzed and used to develop programs and activities funded by Community Development Block Grant money. In addition to public hearings, community needs survey is being distributed with utility bills, delivered to apartment projects, and public service agencies. Areas that could be identified for funding include economic and community development, anti-crime programs, infrastructure, public services and facilities, elderly and youth programs, and housing programs. All programs will directly benefit low and moderate • income persons and families. Three more public hearings will be held on the following dates: March 11, 2003,March 13, 2003, and March 25, 2003. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: 8.A.1. Consider an ordinance amending Chapter 1, Sections 1.1703, 1.1706, 259 March 6, 2003 and 1.1707 of the Round Rock Code of Ordinances (1995 Edition), increasing the recreation program fees. (Second Reading) Sharon Prete, Parks and Recreation Director made the staff presentation. Due to increased program cost, the Parks and Recreation Department(PARD)has recently assessed its fee structure and recommended increases in the following areas: facility/equipment rentals,pool entry fees, and Clay Madsen Recreation Center(CMRC) • memberships. There has not.been a fee change for 3 to 5 years. The General Fund subsidizes PARD programs, and the City tries to maintain a 75%recreation program recovery rate through the collection of fees, sponsorships and grants annually. The City's new marketing person has been making solicitations for sponsorship and scholarship funds which will help achieve the goal of a 75% cost recovery of the Recreation Division Expenses. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1703, 1.1706, AND 1.1707, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO INCREASE RECREATIONAL PROGRAM FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. MOTION: Councilmember Pitt 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. RESOLUTIONS: 9.A.1. Consider a resolution calling the May 3, 2003 election. Regular Voting will be conducted from 7:OOa.m. to 7:00 p.m. on May 3, 2003 at the following locations. City Pct. No. 1 - Stony Point High School, 1801 Bowman Road,Round Rock (Williamson County Precincts 149, 423, 436, 484) City Pct. No. 2 - Gattis Elementary School, 2920 Round Rock Ranch Boulevard, Round Rock (Williamson County Precincts 424, 463, 480, 488, T-200) • City Pct. No. 3 - First Baptist Church, 306 Round Rock Avenue, Round Rock (Williamson County Precincts 150, 172, 45 5) City Pct.No. 4 - Round Rock High School, 300 Lake Creek Drive, Round Rock (Williamson County Precincts 122, 137, 160) City Pct. No. 5 - Bluebonnet Elementary School, 1010 Chisholm Valley Drive, Round Rock (Williamson County Precincts 135, 13 8) City Pct. No. 6 - Old Town Elementary School, 2001 Old Settlers Boulevard,Round Rock (Williamson County Precincts 119, 382) 2 .6 .0 March 6,2003 City Pct.No. 14 - Wells Branch Elementary School, 14650 Merrilltown Drive,Austin (Travis County Precinct T-225) (This precinct is only for joint City of Round Rock and Round Rock Independent School District elections.) Early voting will begin on April 16 and end April 29. Early voting will be held at the following times and locations: Robert G. &Helen Griffith Public Library, 216 E. Main Street RRISD Administration Building, 1311 Round Rock Avenue • United Heritage Conference Center, 3400 E. Palm Valley Boulevard Clay Madsen Recreation Center, 1600 Gattis School Road Forest North Elementary School, 13414 Broadmeade, Austin Westwood High School, 12400 Mellow Meadow Drive, Austin The hours for early voting will be as follows: April 16 -April 18, 2003 (Weekdays) 8:00 a.m.-5:00 p.m. April 19, 2003 (Saturday) 8:00 a.m.-12:00 noon April 21 —April 25, 2003 (Weekdays) 8:00 a.m.—5:00 p.m. April 26, 2003 (Saturday) 8:00 a.m.-12:00 noon April 28 - April 29, 2003 (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 3, 2003 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 3, 2003; and WHEREAS, the City Council has determined that May 3, 2003 is the appropriate date for holding the election to elect Councilmember Place 3 and Councilmember Place 5; 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 Administration 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 3, 2003 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 Administration 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 3, 2003 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, 261 March 6, 2003 Texas; Round Rock Independent School District Administration 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 16 through April 29, 2003, the hours being designated for early voting by personal appearance shall be as follows: April 16 -April 18, 2003 (Weekdays) 8:00 a.m. - 5:00 p.m. April 19, 2003 (Saturday) 8:00 a.m. - 12:00 noon • April 21 -April 25, 2003 (Weekdays) 8:00 a.m. - 5:00 p.m. April 26, 2003 (Saturday) 8:00 a.m. - 12:00 noon April 28 -April 29, 2003 (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 6th day of March 2003. 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. 9.B.1. Consider a resolution authorizing the mayor to execute a contract with CB&I Constructors for the Barton Hill Elevated Storage Tank Project. Tom Clark, Director of Utilities made the staff presentation. The East Transmission Line Preliminary Engineering Report by HDR Engineering,Inc.,modeled the City's water system demand scenarios at 31 MGD for Year 2005, 36.5 MGD for Year 2010 and 46.8 MGD for Year 2017 to determine what system improvements are required for each scenario and to determine the timing of needed 262 March 6,2003 improvements. The report identified the need for a 2.7 million-gallon storage tank on Barton Hill with an ultimate storage capacity of 8 MGD. This contract will construct a 2.7 MG Tank on Barton Hill at a cost of$1.02 per gallon, and is estimated to provide adequate elevated water storage for about 15 years. Two bids were received and opened on February 4, 2003 for the construction of a 2,700.000-gallon elevated water storage tank on Barton Hill. CB&I Constructors, Inc submitted the low bid of$2,753,000. • RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Barton Hill Elevated Storage Tank Project, and WHEREAS, CB&I Constructors, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of CB&I Constructors, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City and contract with CB&I Constructors, Inc. for the Barton Hill Elevated Storage Tank 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 6th day of March 2003. 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. 9.B.2. Consider a resolution authorizing the Mayor to execute Pass Through Service Agreement with Meadows at Chandler Creek Municipal Utility District. Steve Sheets, City Attorney made the staff presentation. The most cost effective and efficient means of serving water to the Rhodes Subdivision,which is a 37.52 acre tract proposed to be developed with 112 single family lots, is by passing through the Meadows at Chandler Creek Municipal Utility District(MUD). The water mains that will be connected will serve.only the customers in the Rhodes Subdivision. The City currently maintains a water system within the MUD boundaries March 6,2003 and this agreement will preclude needless parallel water mains and will allow for standard system extensions. RESOLUTION NO. WHEREAS,the City of Round Rock desires to enter into a Pass-Through Agreement with the Meadows at Chandler Creek Municipal Utility District to provide water to the Rhodes Subdivision,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 Pass- Through Agreement with the Meadows at Chandler Creek Municipal Utility District to provide water to the Rhodes Subdivision, 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 6th day of March 2003. 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 McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None. ADJOURNMENT: There being no further business, the meeting adjourned at 7:35 P.M. Re pectfully Submitted, v Christine R. Martinez, City Secretary • 2- 6- 4 March 27,2003 The Round Rock City Council met in Regular Session on Thursday,March 27, 2003, 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 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 Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Kenneth Snyder,4406 North Ridge, expressed his concern regarding the water and wastewater situation in North Ridge Acres,which is located outside the city limits of Round Rock. Jaime Alaniz & Carlos Salinas representatives of El Amistad Club thanked the Council and staff for their support of El Amistad throughout the years. They announced that the annual El Amistad Fiesta would be on May 24-25, 2003. Allen Palmer, 7500 Glenhill Road,Austin, thanked the Council, staff, and sponsors for all • the support regarding the Round Rock Model Boat Club event which was held at Old Settler's Park. Billy Colburn, representative of the Round Rock Association of Professional Firefighters presented Jim Nuse with a bust of a firefighter. The inscription read"Jim Nuse,Welcome As Our New City Manger! Sworn in January 9, 2003. Round Rock Association of Professional Firefighters Local 3082." Mayor Maxwell recognized Boy Scout Troop 145 who attended the meeting as a requirement for their communications merit badge. PROCLAMATIONS: S.A. Consider a proclamation recognizing Sharon Fentress,the Worthy Grand Matron of the State of Texas, Order of the Eastern Star. Mayor Maxwell read the following proclamation and presented it to representatives of the Eastern Star. • Whereas, The Order of the Eastern Star is the largest fraternal organization in the world to which both men and women may belong; and Whereas, Eastern Star strives to take good people and through uplifting and elevating associations of love and service, through precept and example, build an Order which is truly dedicated to Charity, Truth and Loving kindness; and Whereas, Eastern Star is a social Order comprised of persons with deep religious convictions and spiritual-values,but is not a religion; and Whereas, concrete evidence of the charitable nature of the organization as it affects others is the millions of dollars which have been raised within the membership to support Eastern Star Training Awards for Religious Leadership, Cancer Research Project, Arthritis Fund, Heart Fund, 265 March 27, 2003 Knights Templar Eye Foundation, Shriners' Hospital for Crippled Children, orphanages, and many other charities; and Whereas, Round Rock Chapter #316 Order of the Eastern Star will be hosting a District School on Thursday, April 10, 2003; and Whereas, Sharon Fentress, Worthy Grand Matron of the State of Texas, Order of the Eastern Star will be visiting Round Rock on that day, Now, Therefore, I,Nyle Maxwell, Mayor of the City of Round Rock, Texas, on behalf of the Round Rock City Council extend a most cordial welcome to Sharon Fentress, the Worthy Grand Matron of the State of Texas, Order of the Eastern Star and thank you for allowing us to • share our great community with you. Proclaimed this 27th day of March 2003. S.B. Consider a proclamation recognizing El Amistad Club. Paul Conner, Chief of Police recognized and presented certificates to members of El Amistad Club who partnered with the Police Department on a program to increase the number of Spanish-speaking police officers. Mayor Maxwell read the following proclamation and presented it to representatives of El Amistad. Whereas, since El Amistad Club was formed in 1968, it has promoted youth and the Hispanic community, issuing more than$500,000 in scholarships to students in the Round Rock area; and Whereas,when Chief Conner came to Round Rock in January 1999, there were three bilingual Spanish speaking officers out of the 87 officers employed at the City; and Whereas, as part of the Chief's program to become more responsive and representative of the community, the department partnered with El Amistad Club to increase the number of Spanish-speaking officers; and Whereas,the Chief set a goal of having 16 bilingual officers within four years, and El Amistad Club agreed to assist the Chief to meet this goal—first by paying a portion of the tuition cost to send Spanish-speaking individuals to the CAPCO Police Academy in a new Police • Department program and, second,by serving as mentors for officers participating in a Spanish language education program; and Whereas, as a result of the club's involvement in these two programs, the Round Rock Police Department has effectively met the goal that the Chief set almost four years ago, Now, Therefore, I,Nyle Maxwell,Mayor of the City of Round Rock, Texas do hereby recognize El Amistad Club for continuing to exemplify the highest standards of commitment to their community in not only providing educational opportunities for our youth,but for also for helping their Police Department forge a stronger bond with the community it serves. Proclaimed this 27Th day of March 2003. S.C. Consider a proclamation recognizing the American Red Cross. Mayor Maxwell read the following proclamation and presented it to a representative from the American Red Cross. Whereas, The American Red Cross was founded in 1881 by a visionary woman named Clara Barton, and chartered by Congress in 1905 to act in times of need. Now, each year, the American Red Cross of Central Texas responds to many disasters throughout local and international communities, providing services for families robbed of their loved ones, homes, livelihood, or dignity; and Whereas, The American Red Cross is one of the nation's oldest, most recognized humanitarian organizations, and is woven tightly into the fabric of Central Texas, providing • compassionate care when disasters and other crises threaten to overwhelm and destroy families; and Whereas, as our military men and women join the effort to fight terrorism a world away, Red Cross workers in Central Texas are working around the clock to fulfill a historical role; keeping service members and their families in touch and offering other small comforts to ease the strain of being far from home; and Whereas, our community is indeed fortunate to have this organization with hundreds of volunteers dedicated to relieving suffering and saving lives, and restoring hope at home and throughout the world everyday, Now Therefore, I Nyle Maxwell, Mayor of the City of Round Rock, do hereby recognize The American Red Cross for their dedication and loyalty during these trying times, and urge each member of our community to support their noble humanitarian mission with a gift of time or money, so that together we can save lives and make our world a safer and better place. 2 6. 6 March 27, 2003 Proclaimed this 27th day of March 2003. PRESENTATIONS: 6.A.1. Consider a presentation to discuss best practices for mosquito control. Todd Keltgen,Public Works Operations Manager made the staff presentation. He outlined effective and safe mosquito control methods,which can be implemented by citizens that will be helpful as the spring and summer season approaches. Currently there are three methods for reducing • mosquito populations: the first and most effective is removing the source of larvae habitat, the second is treating areas of standing water with EPA approved tablets to kill mosquito larvae, the third is spraying(currently the City of Round Rock does not spray for mosquitoes). The chemical that is used for spraying is EPA approved for eliminating the adult mosquito populations. This chemical is mixed with mineral oil and with the use of Ultra Low Volume equipment is applied into a fog. Examples of the chemicals used are Permanone 30-30 and D- Phenothrin. The US Environmental Protection Agency has done a risk assessment of these products and when used according to label directions, there are no adverse effects on human health or the environment,but people who have respiratory problems or allergies may wish to avoid direct contact with the spray which is one of the reasons the City does not spray for • mosquitoes. 6.A.2. Consider a presentation to discuss the results of the Hester's Crossing &IH-35 Interchange Traffic Modeling Study. Tom Word, Director of Transportation Services made the staff presentation. This study was initiated to identify the impact of the proposed closure of IH 35 ramps to existing and projected traffic flow in the vicinity SH 45 in Round Rock. Of specific concern was closure of the southbound exit ramp to SH 45, located between Hester's Crossing Road and SH 45. This study examined the impact of construction of a southbound collector- distributor road as part of the Hester's Crossing Road/IH 35 interchange, and quantifies the improvements it makes to traffic flow along the southbound IH 35 frontage road near Hester's Crossing Road. The goal of this study was to model and simulate corridor traffic operations to identify the impact of the proposed ramp closures, as well as to evaluate the benefits of • construction of a southbound collector-distributor road. Heidi Ross of WHM outlined the results of the study. Bill Huggins of Huggins Seiler who helped with the study was also present. 6.B.1. Consider a presentation concerning the City's emergency preparedness plan. Paul Conner, Chief of Police and Keith Tanner, Fire Marshal/Emergency Management Coordinator made the staff presentation. They provided an update on the City's emergency preparedness 267 March 27, 2003 plan and homeland security. Fire Marshal Tanner had available the following information that would be helpful to the residents. • Your Family Disaster Supplies Kit • Food and Water in an Emergency • Family Disaster Plan CONSENT AGENDA: • All items listed with an asterisk(*)were considered to be routine by the City Council and were enacted by one motion. There was no separate discussion of these items. Item 8A was removed from the consent agenda and considered in its normal sequence on the regular agenda. *8.A. Consider approval of the City Council minutes for the Work Session of February 26, 2003,Regular Session of February 27, 2003 and Regular Session of March 6, 2003. Removed from the consent agenda and addressed in its normal sequence on the regular agenda. *9.E.1. Consider a resolution authorizing the Mayor to execute a letter of agreement with Frederick&Hornsby, Inc. for right-of-way acquisitions for the Kiphen Road project. *9.E.2. Consider a resolution authorizing the Mayor to execute a letter of agreement with Frederick&Hornsby, Inc. for right-of-way acquisitions for the Gattis School Road project. *9.F.1. Consider a resolution authorizing the Mayor to make the necessary grant • application to the Office of the Governor, Criminal Justice Division for financial assistance to hire and equip two part-time Victim's Assistance personnel. *9.F.2. Consider a resolution authorizing the closing of a portion of East Main Street and Lampasas Street from May 24, 2003 through May 25, 2003 for the annual El Amistad Fiesta. *9.F.3. Consider a resolution authorizing the Mayor to execute an agreement with the Williamson County Humane Society, Inc. for pet licensing, fee collection,boarding, rabies observation, and the reclamation of impounded animals. *9.G.1. Consider a resolution rejecting all bids for the utility investigation and location project for the Southwest Downtown Project. *9.H.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Williamson County Emergency Service District#3 for repair and maintenance services • for Volunteer Fire apparatus. *9.H.2. Consider a resolution authorizing the Mayor to execute a contract with Austin Traffic Signal, Inc. for the construction of traffic signals at the intersection of Hester's Crossing and Rawhide Drive. *9.H.3. Consider a resolution authorizing the Mayor to execute Change Order No. 11 with Austin Filter Systems, Inc. for roadway improvements to Dell Way, Dell Center Boulevard, and Gattis School Road. March 27;2003 *9.I.3. Consider a resolution authorizing the Mayor to execute a Deed Bill of Sale and Assignment to the City of Austin for the Martin Hill Water Line. MOTION: Councilmember McGraw moved to approve all the remaining items listed in the consent agenda. 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. APPROVAL OF MINUTES: *8.A. Consider approval of the City Council minutes for the Work Session of February 262003, Regular Session of February 27, 2003 and Regular Session of March 6, 2003. Councilmember McGraw asked for clarification of the following sentence in the minutes of February 26, 2003 under item 3G, "Staff recommended that open house signs not be regulated." After discussion between staff and Council it was determined that the statement was incorrect and should be deleted. • MOTION: Councilmember McGraw moved to approve the minutes of February 27, 2003 and March 6, 2003 as submitted and to delete the sentence that was discussed from the minutes of February 26, 2003. 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. RESOLUTIONS: 9.A.1. Consider a resolution authorizing the Mayor to execute a Communicator License and Suiyort Agreement with Dialogic Communications for an Automated Telephone • Notification System. Lynn Bizzell,Fire Chief and Keith Tanner, Fire Marshal made the staff presentation. This contract is for the installation and maintenance of an Automated Telephone Notification System. This system combines digital street level maps with the most accurate telephone data for geographic selection of targeted notification areas including homes, businesses, school, special needs locations, etc. The System automatically contacts citizens and/or City staff by phone,pager, fax and email; delivers incident-specific information or 269 March 27,2003 potentially life-saving instruction; confirms message receipt; and prints, faxes and emails comprehensive reports detailing callout results. This acquisition will greatly enhance the City's capabilities to deliver warning or emergency information to its citizens. The total cost is $39,590.00. RESOLUTION NO. WHEREAS, the City has a need for technical services for the purchase, installation, and support of an Automated Telephone Notification System, and WHEREAS, Dialogic Communications Corporation has submitted a Communicator License and Support Agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Dialogic Communications Corporation,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Communicator License and Support Agreement for Application Software Products and Services with Dialogic Communications Corporation for the purchase, installation, and support of an Automated Telephone Notification 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 27th day of March, 2003. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas 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. 9.B.1. Consider a resolution approving the issuance of an amount not to exceed $5,700,000 Combination Unlimited Tax and Revenue Bonds, Series 2003 by the Meadows at • Chandler Creek Municipal Utility District. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. The Meadows at Chandler Creek Municipal Utility District(MUD) is in the extraterritorial jurisdiction of the City of Round Rock and, therefore,the City's approval is required prior to the sale of the bonds. Chandler Creek MUD is nearing full development with 87%build out(1,330 single-family homes are completed, 57 are under construction and 101 vacant, developed lots remain), and has a of 4,862. Including these bonds, the District will have issued$11,510,000 in tax and revenue supported debt. $1,490,000 270 March 27,2003 remains authorized but unissued. It is anticipated that the current issuance will be the last and it is for the purpose of reimbursing the developer for water,wastewater and drainage improvements. These bonds are an obligation of Chandler Creek MUD and no other entity or the City of Round Rock. The Texas Commission on Environmental Quality has received approval for this transaction. RESOLUTION NO. WHEREAS, the Council of the City of Round Rock, Texas, has previously consented to the creation of The Meadows at Chandler Creek Municipal Utility District, and WHEREAS, The Meadows at Chandler Creek Municipal Utility District (the "District") is a conservation and reclamation district, a body corporate and politic and governmental agency of the State of Texas, created under Article XVI, Sec. 59 of the Texas Constitution by order of the Texas Water Commission, now the Texas Natural Resource Conservation Commission ("the TNRCC"), and the District operates under Chapters 49 and 54 of the Texas Water Code, as amended, and WHEREAS, the City of Round Rock previously granted its consent to the creation of the District, and the City, the District and Nash Phillips/Copus, Inc. entered into an "Agreement Concerning Creation and Operation of The Meadows at Chandler Creek Municipal Utility District" (the "Consent Agreement"), which sets forth the terms and conditions for creation and operation of the District, and WHEREAS, the District and the City also entered into that certain "Utility Construction Contract" dated May 10, 1984 setting forth the terms and conditions pursuant to which the City agreed to provide water and sanitary sewer service within the boundaries of the District and pursuant to which the District agreed to purchase, construct and acquire facilities for such purposes, and WHEREAS, by an election held on June 13, 1985, the District was authorized to issue • bonds in the maximum amount of $13,000,000, pursuant to which the District has issued $5,810,000 in bonds, leaving an authorized but unissued amount of$7,190,000, and WHEREAS, the District is authorized by law to purchase, construct, acquire, own, operate, maintain, repair, improve, or extend, inside or outside its boundaries, any and all works, improvements, facilities,plants, equipment, and appliances necessary to accomplish the purposes of its creation, and WHEREAS, the District made application to the TNRCC for approval of the issuance by the District of its unlimited tax and revenue bonds to finance or reimburse the developer for the cost of water, sewer and drainage improvements (the "Improvements") serving lands within the District, and WHEREAS, under the Consent Agreement, the Utility Construction Contract, and that certain "Order Authorizing the Issuance of $5,700,000 The Meadows at Chandler Creek Municipal Utility District Combination Unlimited Tax and Revenue Bonds, Series 2003" proposed to be adopted by the Board of Directors of the District (the "2003 Bond Order"), the District proposes to authorize the issuance of its combination unlimited tax and revenue bonds designated as its 15,700,000 The Meadows at Chandler Creek Municipal Utility District Combination Unlimited Tax and Revenue Bonds, Series 2003" (the "Series 2003 Bonds") to finance or reimburse the developer for the cost of the Improvements, and WHEREAS, the District has submitted to the City for review and approval a substantial draft of the 2003 Bond Order and Preliminary Official Statement and requested approval of the District's Series 2003 Bond,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS • THAT, 1. The issuance by the District of the Series 2003 Bonds in an amount not to exceed $5,700,000 is hereby approved. 2. The City Council approves the substantial draft of the 2003 Bond Order and Preliminary Official Statement for the Series 2003 Bonds, the form and substance of which are attached as Exhibits "A" and`B", respectively, incorporated by reference, and are 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 27th day of March, 2003. -r 271 March 27, 2003 KYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas 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. 9.C.1. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with the United Way of Greater Williamson County for assistance in determining and addressing the health and welfare needs of the citizens of Round Rock. David Kautz,Assistant City Manager/Chief Financial Officer made the staff presentation. This is the third year that the City is partnering with the United Way to identify and fund various social services needs within the community. Assistance from the United Way, as provided in this • agreement,has enabled the City to more clearly identify social service funding needs and agencies to help fill those needs. This also helps eliminate duplication and is a fair and consistent process for the requests for funds that the City receives. An additional service has been added this year requiring the United Way to collect and monitor performance data from the social agencies. The total cost of this service is $26,000. Debbie Hoffinan,Executive Director of the United Way of Greater Williamson County provided information and answered questions from the Council. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain consulting services to determine and address the health and welfare needs for the citizens of Round Rock, and WHEREAS, the Council hereby determines that addressing these needs is a legitimate public purpose under the Constitution and laws of the state of Texas, and • WHEREAS, the United Way of Greater Williamson County has submitted an Agreement for Consulting Services ("Agreement") to provide the aforesaid services, and WHEREAS, the City Council desires to enter into said Agreement with the United Way of Greater 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 an Agreement for Consulting Services with the United Way of Greater Williamson County, 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. 272 March 27, 2003 RESOLVED this 27th day of March, 2003. NYLE MAXWELL, 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 Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 9.D.1. Consider a resolution determining that "Construction Manager at Risk" is the delivery method, which provides the best value and timetable for the City for construction of the Old Settlers Park at Pahn Valley Soccer and Other Restroom/Concession/Storage Facilities. James Hemenes, RLA, ASLA,Park Planner 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 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." This requested construction delivery method will facilitate the achievement of the project goal of completion prior to the Fall Soccer Season. 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 the Old Settlers Park at Palm Valley Soccer and Other Restroom/Concession/Storage Facilities, 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 WHEREAS, the City Council desires to comply with all requirements of the statute, Now Therefore 273 March 27,2003 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 Old Settlers Park at Palm Valley Soccer and Other Restroom/Concession/Storage Facilities. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 March, 2003. NYLE MAXWELL, Mayor ATTEST: - City of Round Rock, Texas 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 McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • *9.E.1. Consider a resolution authorizing the Mayor to execute a letter of agreement with Frederick&Hornsbv, Inc. for right-of-way acquisitions for the Kiphen Road project. 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 27th day of March, 2003. *9.E.2. Consider a resolution authorizing the Mayor to execute a letter of agreement with Frederick &Hornsby, Inc. for right-of-way acguisitions for the Gattis School Road project. This item was approved under the consent agenda. RESOLUTION NO. 274 March 27,2003 WHEREAS, the City of Round Rock desires to retain professional appraisal services regarding right-of-way acquisition for the Gattis School Road Project, 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 right-of-way acquisition for the Gattis School Road Project, 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 27th day of March, 2003. 9.E.3. Consider a resolution authorizing representatives to provide testimony and represent the City with respect to proposed legislation. Steve Sheets, City Attorney made the staff presentation. The City previously retained Randy Cain and Susan Rocha to provide lobbying services to the City. Additionally, from time to time the Mayor and Councilmembers may be called to provide testimony to committees of the Texas Legislature regarding the City's position on proposed legislation. This resolution will provide the Council's authority for the City's lobbyists, Councilmembers and staff to express the City's position on the proposed • legislation. RESOLUTION NO. WHEREAS, the 78th State Legislature is expected to consider issues that pose significant challenges to municipal authority and consequently, much of the focus of the City's legislative effort will be given to the defeat of legislation that would be detrimental to the City's interests, especially legislation that would: 1) adversely impact the City's financial stability, 2) erode its annexation powers, 3) weaken its authority over zoning and permitting, and 4) diminish its ability to use economic incentives to attract and retain new or expanding businesses; and WHEREAS, the City wishes to support proposed legislation that has a beneficial impact on the City including, but not limited to, legislation that would encourage an institution of higher education in the City; and WHEREAS, the City has previously retained Randy Cain and Susan Rocha to provide professional lobbying services to the City; and WHEREAS, from time to time the Mayor, individual Councilmembers, and City staff members may be called upon to provide testimony to legislative committees concerning the detrimental or beneficial impact of proposed legislation on the City; and WHEREAS, the Council wishes to officially authorize its members and its lobbyists to provide testimony and otherwise represent the City's position regarding such legislation, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor, Councilmembers, City staff members, and the City's lobbyists are hereby authorized to provide testimony and to otherwise represent the City's position with respect to proposed legislation that is either detrimental or beneficial to the best interests of the City. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 March, 2003. 275 March 27,2003 NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Pitt seconded the motion. • VOTE: Ma Ayes: or Pro-tem Nielson Y Y Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Coe Mayor Maxwell Noes: Councilmember Gallahan ACTION: The motion carried unanimously. *9.F.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the Office of the Governor, Criminal Justice Division for financial assistance to hire and equip two part-time Victim's Assistance personnel. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Office of the Governor, Criminal Justice Division ("CJD") has grant • funds available to cities for various law enforcement projects, and WHEREAS, grant funds are available for the Victims Assistance Program to partially fund two part-time Victims Assistance personnel, and WHEREAS, the City Council wishes to make application for grant to provide financial assistance for the above-described positions, and WHEREAS, the grant requires match by the.City, and the City Council wishes to approve said match, and WHEREAS, in the event of loss or misuse of CJD grant funds, the City of Round Rock assures that the funds will be returned to the CJD in full,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE.CITY OF ROUND ROCK, TEXAS, THAT: 1. The Mayor is hereby authorized and directed to make the necessary application for the above-described grant; 2. The match by the City is approved; and 3. In the event of loss or misuse of CJD grant funds, the funds will be returned to the CJD in full. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 March, 2003. • *9.F.2. Consider a resolution authorizing the closing of a portion of East Main Street and Lampasas Street from May 24, 2003 through May 25,2003 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, and Lampasas Street from Bagdad Avenue to the alley north of East Main Street be closed from 8:00 o'clock a.m. on May 24, 2003 until midnight on May 25, 2003, for the organization's annual event known as El Amistad Fiesta, and March 27,2003 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 and Lampasas Street be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of March, 2003. *9.F.3. Consider a resolution authorizing the Mayor to execute an agreement with the • Williamson County Humane Society, Inc. for pet licensing, fee collection, boarding,rabies observation, and the reclamation of impounded animals. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain services for pet licensing, fee collection,boarding, rabies observation, and the reclamation of impounded animals, and WHEREAS, the Williamson County Humane Society, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with the Williamson County Humane Society, 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 Between the Williamson County Humane Society, Inc. and City of Round Rock, 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 27th day of March, 2003. *9.G.1. Consider a resolution rejecting all bids for the utility investigation and location project for the Southwest Downtown Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the utility investigation and location project for the Southwest Downtown Project, and WHEREAS, the Council has determined that all bids received should be rejected, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That all bids received for the utility investigation and location project for the Southwest Downtown Project are hereby rejected. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject 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 March, 2003. 9.G.2. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services, and Supplemental Agreement No. 1 with Opus Three Architects for the design and construction phase of Fire Station No. 6. Larry Madsen, Construction Manager made the staff presentation. 277 March 27,2003 Opus 3 Architects has completed the schematic design phase of the project. The City will now enter the design development, construction drawings, and bidding and construction phases of the project. The contract is in the amount of$118,200.00 with a fee not to exceed the amount of $10,000 for reimbursable allowances. This Fire Station will.provide needed fire and EMS coverage for the Highway 79 and Old Settlers area of Round Rock. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the design and construction phase of Fire Station No. 6, and WHEREAS, Opus Three Architects has submitted a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ("Agreement"), and Supplemental Agreement No. 1 to provide said services, and WHEREAS, the City Council desires to enter into said Agreement and Supplemental Agreement No. 1 with Opus Three 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, and Supplemental Agreement No. 1 with Opus Three Architects for the design and construction phase of Fire Station No. 6, 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 March, 2003. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas 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 McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 9.G. 3. Consider a resolution determining that "competitive sealed proposals for • construction services" is the delivery method which provides the best value for the City for construction of the Senior Center, instead of "Construction Manager at Risk" which was previously approved by Council on April 11, 2002. Larry Madsen, Construction Manager 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 "Competitive Sealed Proposals. 27 March 27,1003 Section 271.114 (a)mandates that the"governing body of an 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."The staff had recommended"Construction Manager At Risk"earlier when it was thought that the Seniors would need to move out of existing senior center due to problems at the existing building.Now with the competitive market staff feels that the"competitive sealed • proposal"would provide the best value for building this project. 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 Activity 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 had previously determined that this project would be best served by utilizing the "Construction Manager-At-Risk" method, and so duly passed Resolution No. R-02-04-11-16D1 on April 11, 2002, and WHEREAS, circumstances have changed so that the Council has now determined that the previous Resolution No. R-02-04-11-16D1 should be rescinded and should be of no further force and effect, and the Council has further determined that this project would now be best • served by utilizing the"Competitive Sealed Proposal"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 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, The Council has determined that the previously-selected method of "Construction Manager-At-Risk" is not now the delivery method which provides the best value for the City for construction of the referenced Senior Activity Center. The Council has determined that Resolution No. R-02-04-11-16D1 previously passed on April 11, 2002, should be rescinded and should be of no further force and effect. In accordance with Texas Local Government Code §271.114(a), the Council has now determined that "Competitive Sealed Proposal" is the delivery method, which provides the best value for the City for construction of the referenced Senior Activity 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 27th day of March, 2003. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson 279 March 27,2003 Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Councilmember McGraw was out of the room when the vote was taken ACTION: The motion carried unanimously. • 9.G.4. Consider a resolution determining that "competitive sealed proposals for construction services" is the delivery method, which provides the best value for the City for construction of the Parks and Recreation Department Yardsite. Larry Madsen, Construction Manager 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"Competitive Sealed Proposals". Section 271.114 (a)mandates that the "governing body of an 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." 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 the construction of the Parks and Recreation Department Yardsite, 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"Competitive Sealed Proposal"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 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 "Competitive Sealed Proposal' is the delivery method, which provides the best value for the City for construction of the referenced construction of the Parks and Recreation Department Yardsite. The City Council hereby finds and declares that written notice-of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 March, 2003., NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas 280 March 27,2003 CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan • Councilmember Coe Mayor Maxwell Noes: None Councilmember McGraw was out of the room when the vote ws taken. ACTION: The motion carried unanimously. *9.H.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Williamson County Emergency Service District#3 for repair and maintenance services for Volunteer Fire apparatus. 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 Agreement with the Williamson County Emergency Service District #3 to provide repair and maintenance services for Volunteer Fire apparatus,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 Agreement, 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 March, 2003 *9.H.2. Consider a resolution authorizing the Mayor to execute a contract with Austin Traffic Signal, Inc. for the construction of traffic signals at the intersection of Hester's Crossing and Rawhide Drive. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the installation of traffic signals at Hester's Crossing and Rawhide Drive, and WHEREAS,Austin Traffic Signal, Inc. has submitted the lowest responsible bid, and • WHEREAS, the City Council wishes to accept the bid of Austin Traffic Signal, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Traffic Signal, Inc. for the installation of traffic signals at Hester's Crossing and Rawhide Drive. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 March, 2003. March 27,2003 *9.H.3. Consider a resolution authorizing the Mayor to execute Change Order No. 11 with Austin Filter Systems, Inc. for roadway improvements to Dell Way, Dell Center Boulevard, and Gattis School Road. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Austin Filter Systems, Inc. for the construction of roadway improvements to Dell Way, Dell Center Boulevard, and Gattis School Road, 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 Austin Filter Systems, Inc., 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 27th day of March, 2003. 9.H.4. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Plan • (TCIP). Tom Word,Director of Transportation Services made the staff presentation. The Transportation Capital Improvement Program(TCIP) is a three-year spending plan for improvements to major roads and arterials in the City. Funding for this plan is provided through the 1/2% sales tax established for the purpose of transportation improvements. The TCIP is being amended to supplement funding to existing projects, and to add new projects for roadway improvements on IH-35 at Hester's Crossing and in the Chandler Road/Westinghouse Road area. The total cost of this project would be$107,633,356, and the source of funds would be from %Z% of sales tax. The Transportation System Development Corporation approved this amendment in a meeting held 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 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 282 March 279 2003 the subject 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 March,2003. , NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan 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. 9.I.1. Consider a resolution authorizing the mayor to execute a letter of agreement authorizing the Lower Colorado River Authority to execute a Changer Order for the Southwest Round Rock Wastewater Line Improvements Proiect, Phases B and C. Tom Clark, Director of Utilities made the staff presentation. The LCRA is installing the Southwest Round Rock Wastewater Line which parallels an existing high maintenance wastewater line. Authorizing • LCRA. to make these connections will allow the City to abandon approximately 7,040 linear feet of old deteriorating and high-maintenance wastewater lines and manholes. The City currently has approximately$450,000.00 budgeted over the next few years for inspection and rehabilitation of these wastewater lines and manholes that can be abandoned under this agreement, saving the City approximately$341,000.00. RESOLUTION NO. WHEREAS, the Lower Colorado River Authority wishes to execute a Change Order for the Southwest Round Rock Wastewater Line Improvements Project,Phases B and C, and WHEREAS, the City of Round Rock ("City") desires to execute a Letter of Agreement with the Lower Colorado River Authority authorizing said Change Order,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 the Lower Colorado River Authority authorizing a Change Order for the Southwest Round Rock Wastewater Line Improvements Project, Phases B and C, 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 March, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 281.3- March 27,2003 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 Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 9.I.2. Consider a resolution authorizing the Mayor to execute a Cost Sharing and Reimbursement Agreement with H.E. Butt Grocery Company, FM 1460 Partners, Ltd., 54 Acres Ltd.,Highland Management, Inc.,M&M Equities IV, Inc., EMI Leasing Partners, LP, Church of Christ of Round Rock, and Heritage Title Company of Austin concerning the development of 10 tracts of land totaling 23 6.11 acres. Tom Clark, Director of Utilities made the staff presentation. Cost Sharing and Reimbursements Agreements are authorized under the Local Government Code Section 212.073. Under this agreement,the City will pay to oversize the water and wastewater lines as part of the development. This participation is needed to meet future needs of • the City and will save dollars by not having to replace the pipelines with lager lines at a later date. This item is a cost sharing and reimbursement agreement concerning the development of 10 tracts of land totaling 236.11 acres. The total cost of this project would be $91,073.37. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a Cost Sharing and Reimbursement Agreement with H.E. Butt Grocery Company, FM 1460 Partners, Ltd., 54 Acres Ltd., Highland Management, Inc., M&M Equities IV, Inc., EMI Leasing Partners, LP, Church of Christ of Round Rock, and Heritage Title Company of Austin concerning the development of 10 tracts of land totaling 236:11 acres, and WHEREAS,the City Council wishes to approve said Agreement,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Cost Sharing and Reimbursement Agreement with H.E. Butt Grocery Company, FM 1460 Partners, Ltd., 54 Acres Ltd., Highland Management, Inc., M&M Equities IV, Inc., EMI Leasing Partners, LP, Church of Christ of Round Rock, and Heritage Title Company of Austin concerning the development of 10 tracts of land totaling 236.11 acres, including Ryan's Crossing, a copy of said Agreement being attached hereto as Exhibit"A" and incorporatedherein 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 March, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 284 March 27,2003 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 Knight Councilmember Gallahan Councilmember Coe • Mayor Maxwell Noes: None ACTION: The motion carried unanimously. *913.3 Consider a resolution authorizing the Mayor to execute a Deed, Bill of Sale and Assignment to the City of Austin for the Martin Hill Water Line. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract with the City of Austin for the installation of an emergency connection to Austin's Martin Hill storage facilities, and WHEREAS, said contract requires the City of Round Rock to assign all portions of the pipeline and easements located within the City of Austin's service area to the City of Austin upon completion of the project, and WHEREAS, the City of Round Rock wishes to execute a Deed, Bill of Sale and Assignment to the City of Austin,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 , Deed, Bill of Sale and Assignment to the City of Austin for the Martin Hill Water Line, 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 March, 2003. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 9:41 p.m. Respectfully submitted, lie Christine R. Martinez, City Secretary • 2-8 5 APRIL 10,2003 The Round Rock City Council met in Executive Session and Regular Session on Thursday,April 10, 2003, 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, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot • Knight, Councilmember Isabel Gallahan and Councilmember G�YCoe. Also present were Cit Y Manager Jim Nuse and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 051.071 Government Code,'related to pending or contemplated litigation, to wit: Cause No. 00-498-C277 City of Round Rock, Texas vs. J17 Fortune, L.P., Sunstate Equipment Company and Morrison Excavation for right-of-wE for the SH-45 Frontage Road Project and A.W. Grimes Boulevard. The Council entered into Executive Session at 6:33 p.m. and adjourned at 6:55 p.m. CALL REGULAR SESSION TO ORDER- 7:00 P.M. The Regular Session was called to order at 7:05 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 Jim Nuse and City Attorney Steve Sheets. Mayor Maxwell dispensed with the order of the agenda with unanimous consent of all Councilmembers present and addressed the following item. 12.B.1. Consider a resolution of encouragement and support for Round Rock's men and women of the armed forces and their families. Mayor Maxwell thanked Rosalinda and Alan Babin and Theona and Wolfgang Kotz for attending the meeting. Mr. &Mrs. Babin and Mr. & Mrs.Kotz have sons who are currently serving in the Middle East. The Mayor and Council • expressed their gratitude and support to all the men and women of the armed forces and their families. Mayor Maxwell read the following resolution. RESOLUTION NO. WHEREAS, the current confrontation in the Middle East has affected the lives of many citizens of Round Rock, Texas, and WHEREAS, the City Council, on behalf of the citizens of Round Rock, wishes to express its concern for the welfare of our soldiers in the Middle East,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 286 APRIL. 10, 2003 That the City Council of Round Rock hereby expresses its encouragement and support for Round Rock's men and women of the armed forces and their families. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 10th day of April, 2003. NYLE MAXWELL, Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember.Coe moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilrriember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. Mayor Maxwell proceeded with the order of the agenda. CITIZENS COMMUNICATIONS • Kenneth Snyder, 4406 North Ridge, expressed his concern regarding the water and wastewater situation in North Ridge Acres, which is located outside the city limits of Round Rock. PROCLAMATIONS: 8.A. Consider a proclamation proclaiming April 26, 2003 as Arbor Day. Mayor Maxwell read the following proclamation and presented it to Emsud Horozovic,Urban Forester. 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, 2003 is the 131st Anniversary of Arbor Day and is now observed throughout the nation and the world; and 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 103 trees in Old Settlers Park at Palm Valley on Saturday, April 26, 2003 from 8:00 a.m. to 12:00 noon for Arbor Day. Now, Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock do hereby proclaim April 26, 2003 as "Arbor Dai" 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 10'h day of April 2003. 287 APRIL 10, 2003 8.B. Consider a proclamation proclaiming_April 2003 as Fair Housing Month. Mayor Maxwell read the following proclamation and presented it to Mona Ryan, Community Development Coordinator. Whereas, April, 2003, is the 35th anniversary of the passage of Title VIII of the Civil Rights Act of 1968,better known as the Fair Housing Act,which stated that there shall be no discrimination in the acquisition, ownership,possession or enjoyment of housing; and Whereas, in part,judicial and administrative enforcement of the federal law and the State of Texas Fair Housing Act has reduced barriers to safe, affordable, and accessible housing for those citizens injured by a discriminatory housing practice because of their race, color,religion, national origin, familial status, sex or disability; and Whereas,the voluntary compliance by housing providers, and the assertions of persons aggrieved by discriminatory housing practices have also promoted the community spirit of enforcement of the housing laws, and Whereas, the City of Round Rock acknowledges the efforts of the office of Planning and Community Development,the Round Rock Housing Authority,the Texas.Department of Housing and Community Affairs, and the U.S. Department of Housing and Urban Development to eliminate discrimination in housing in Round Rock and in Texas, Now, Therefore, I,Nyle Maxwell, Mayor of the City of Round Rock, do hereby proclaim the month of April, 2003, as "Fair Housing Month" in Round Rock, and I do hereby urge all citizens to take due note of the observance by continuing our efforts to eliminate housing discrimination in our community. Proclaimed this 10`h day of April 2003. CONSENT AGENDA: • All items listed with an asterisk(*)were considered to be routine by the City Council and were enacted by one motion. There was no separate discussion of these items and no items were removed from the consent agenda. *l O.A. Consider approval of the City Council minutes for March 27, 2003 Regular Session. *11.A.1. Consider an ordinance determining the public necessity for the acquisition of 0.091 acres of land for the proposed CR 122 proiect, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. (First Reading) *11.A.2. Consider an ordinance determining the public necessity for the acquisition of 0.340 acres of land for the proposed SH 45 project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. (First Reading) • *11.D.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest II,Village I subdivision. (First Reading) *11.D.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Via Sonoma, Sections 4 & 5 subdivisions. (First Reading) *11.D.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Ryan's Crossing, Sections 5 &6 subdivisions. (First Reading) 2 8; 8 APRIL 10,2003 *11.D.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Rvan's Crossing, Section 4 subdivision. (First Reading) *11.D.5. Consider an ordinance replacing_yield signs with stop signs at the intersection of Wayne Drive and Greyson Drive. (First Reading) *12.A.1. Consider a resolution authorizing the Mayor to execute a contract with Custom Pools Inc. for the Micki Krebsbach Pool Heater System Replacement Project. *12.C.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to Contract for Engineering Services with Coulter Engineering, Inc. for the design of the Deerfoot Drive 8-inch Waterline Improvements. *12.D.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Raba-Kistner Brytest Consultants, Inc. for construction materials testing for the A.W. Grimes Boulevard Proiect. *12.D.3. Consider a resolution rejecting all bids for the Gattis School Road, Doublecreek Drive, and Louis Henna Boulevard Turn Lanes Project. MOTION: Councilmember McGraw moved to approve all of the items on the consent agenda. 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. *11.A.1. Consider an ordinance determining the public necessity for the acquisition of 0.091 acres of land for the proposed CR 122 proiect, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. (First Reading) MOTION: Mayor Pro-tem Nielson moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and 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 ACTION: The motion carried unanimously. 289 APRIL 10,2003 *11.A.2. Consider an ordinance determining the public necessity for the acquisition of 0.340 acres of land for the proposed SH 45 project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. (First Reading) MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and 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. APPROVAL OF MINUTES: *10.A. Consider approval of the City Council minutes for the March 27, 2003 Regular Session. This item was approved under the consent agenda. ORDINANCES: • *1 LA.1. Consider an ordinance determining the public necessity for the acquisition of 0.091 acres of land for the proposed CR 122 project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF APPROXIMATELY 0.091 ACRES, IN FEE SIMPLE; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN ROADWAY IMPROVEMENTS TO COUNTY ROAD 122, AND ASSOCIATED PUBLIC USE AND 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 *11.A.2. Consider an ordinance determining the public necessity for the acquisition of • 0.340 acres of land for the proposed SH 45 project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY. OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF UNENCUMBERED TITLE TO APPROXIMATELY 0.340 ACRES, IN FEE SEMPLE; 290 APRIL 10,2003 GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN ROADWAY IMPROVEMENTS TO STATE HIGHWAY 45, AND ASSOCIATED PUBLIC USE AND 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. 11.B.1. Consider an ordinance amending Chapter 5 of the Round Rock Code of Ordinances (1995 Edition), adding subsection 5.103, regulating fire lanes. (First Reading) Lynn Bizzell, Fire Chief made the staff presentation. After the City Council adopted the 2000 International Fire Code, it repealed City Ordinance No. G-94-10-27-9A that specified the way the fire lanes are laid out and marked. The International Fire Code in Section 503, Fire Apparatus Access roads, subsection 503.03, Marking, does not specify how to mark or the lay out of the fire lanes. This ordinance will describe how the fire lanes will be marked as it was in the previous ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY ADDING A NEW SECTION 5.103, "FIRE LANES", PROVIDING FOR AMENDMENTS TO THE INERNATIONAL FIRE CODE REGULATING FIRE LANES WITHIN THE CITY LIMITS OF THE CITY OF ROUND ROCK; 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. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. 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. . . 291 APRIL 10,2003 1 LB.2. Consider an ordinance amending Chapter 5 of the Round Rock Code of Ordinances (1995 Edition), adding subsection 5.104,regulating emergency access systems. (First Reading) Lynn Bizzell,Fire Chief made the staff presentation. The 2000 International Fire Code has a section regarding Security gates,which is subsection 503.6. The Code specifies that security gates must be installed and maintained in an approved means,and have an emergency operation in place. Various Fire Departments have examined the emergency response time to gated communities in the State of Texas as well as other states. They have determined that too much valuable time was wasted stopping to unlock or override security gates in all multi-family occupancies (apartments)that don't have a private 3M Opticom priority control system. The loss of time can be a life and death situation. At this time the majority of the gated multi-family communities have the Emergency Access System with the 3M Opticom priority control system in place. This system has been in service since 1998, and has worked well when the Fire Department needed to gain access to the gated community. The apartments affected are Steeplechase, Limestone Ranch and Southgate. In addition, the single family gated communities in the City will also need to comply with these requirements. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5, CODE OF ORDINANCES (1995 EDITION) OF THE CITY OF ROUND ROCK, TEXAS BY ADDING A NEW SECTION 5.104, "EMERGENCY ACCESS SYSTEMS," REQUIRING THE INSTALLATION OF OPTICAL DETECTION DEVICES ON ALL LIMITED ACCESS GATES FOR RESIDENTIAL DEVELOPMENTS; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Pitt 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 Councilmember Coe Mayor Maxwell Noes: None 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 and adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt 292 APRIL 10, 2003 Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. The City Attorney advised the Council that they could not dispense with the second reading of this ordinance and it would need to be brought back'for the second reading. MOTION: Councilmember McGraw moved to withdraw the action taken that dispensed with the second reading of this 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. 11.C.1. Consider an ordinance amending Chapter 6, Section 6.300 of the Round Rock Code of Ordinances (1995 Edition), amending regulations for the protection of public water wells. (First Reading) Tom Clark,Director of Utilities made the staff presentation. State law requires the City to protect its public water wells by owning easements or enacting ordinances to • control activities within a certain distance of the wells. The purpose of the ordinance will be to prevent the building of any structure or business activity that could contaminate the City's well supply. The current ordinance applies to private wells and this amendment will add public water wells and other changes to update the ordinance so that it is consistent with current state law. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.300 CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO INCLUDE THE REGULATION OF PUBLIC WATER WELLS AND COMPLY WITH CURRENT STATE LAWS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. MOTION: Councilmember Pitt 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 Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 290 . APRIL 10,2003 *11.D.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest II, Village I subdivision. (First'Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE • INTERSECTIONS OF COOL RIVER LOOP AND FERNSPRING DRIVE, FERNSPRING DRIVE AND LAKE FOREST DRIVE, AND LAKE FOREST DRIVE AND GATTIS SCHOOL ROAD AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11.D.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Via Sonoma, Sections 4 & 5 subdivisions. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF PARADISE RIDGE DRIVE AND FOREST CREEK DRIVE, FOPPIANO LOOP AND PARADISE RIDGE DRIVE, HOMEWOOD CIRCLE AND HOMEWOOD CIRCLE, AND HOMEWOOD CIRCLE AND VIA SONOMA TRAIL AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11.D.3. Consider an ordinance authorizing the placement of stop signs at various • intersections in the ins' R anCrossing,Ryan's Cog, Sections 5 & 6 subdivisions. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF SANDY KOUFAX LANE AND MICKEY MANTLE PLACE, CAMPANELLA DRIVE AND MICKEY MANTLE PLACE, JACKIE ROBINSON PLACE AND SANDY KOUFAX. LANE, TY COBB PLACE AND SANDY KOUFAX LANE, WRIGLEY LANE AND TY COBB PLACE, JACKIE ROBINSON PLACE AND WRIGLEY LANE, WRIGLEY LANE AND MICKEY MANTLE PLACE, CAMPANELLA COVE AND CAMPANELLA DRIVE, YOGI BERRA WAY AND MICKEY MANTLE PLACE, YOGI BERRA COVE AND YOGI BERRA WAY, YOGI BERRA WAY AND NOLAN RYAN BOULEVARD, NOLAN RYAN BOULEVARD AND ROD CAREW DRIVE, CY YOUNG COURT AND ROD CAREW DRIVE, MICKEY MANTLE PLACE AND ROD CAREW DRIVE, SOSA COVE AND ROD CAREW DRIVE, TY COBB PLACE AND ROD CAREW DRIVE, AND LOU GEHRIG LANE AND ROD CAREW DRIVE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. I LDA. Consider an ordinance authorizing the placement of stop suns at various intersections in the Ryan's Crossing, Section 4 subdivision. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING .THE INTERSECTIONS OF FENWAY PARK COURT AND WILLIE MAYS LANE, TOM SEAVER PLACE AND WILLIE MAYS LANE, REGGIE JACKSON TRAIL AND WILLIE 294 APRIL 10, 2003 MAYS LANE, WHITEY FORD WAY AND WILLIE MAYS LANE, WHITEY FORD WAY AND MICKEY MANTLE PLACE, AND WILLIE MAYS LANE AND MICKEY MANTLE PLACE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11.D.5. Consider an ordinance replacing 'eyi ld signs with stop signs at the intersection of Wayne Drive and Greyson Drive. (First Reading) This item was approved under the consent agenda. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING YIELD SIGNS WITH STOP SIGNS AT THE INTERSECTION OF WAYNE DRIVE AND GREYSON DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: *12.A.1. Consider a resolution authorizing the Mayor to execute a contract with Custom Pools, Inc. for the Micki Krebsbach Pool Heater System Replacement Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Micki Krebsbach Pool Heater System Replacement Project, and WHEREAS, Custom Pools,Inc. has submitted the lowest responsible bid, and • WHEREAS, the City Council wishes to accept, the bid of Custom Pools, 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 Custom Pools, Inc. for the Micki Krebsbach Pool Heater System Replacement Project. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. . RESOLVED this 10th day of April, 2003. 12.B.1. Consider a resolution of encouragement and support for Round Rock's men and women of the armed forces and their families. This item was addressed earlier in the meeting. 12.C.1. Consider a resolution authorizing the Mayor to execute First Amendment to Cost Sharing and Reimbursement Agreement with H.E. Butt Grocery Companv,FM 1460 • Partners, Ltd., 54 Acres Ltd., Highland Management, Inc., M&M Equities IV, Inc., EMI Leasing Partners, LP, Church of Christ of Round Rock, and Heritage Title Companv of Austin concerning the development of 10 tracts of land totaling 236.11 acres. Tom Clark, Director of Utilities made the staff presentation. At the last Council meeting the Council approved a Cost Sharing and Reimbursement Agreement with seven property owners near the intersection of FM1460 and US 79 regarding the construction of utility system improvements. At the time, it 295. APRIL 10, 2003 was anticipated that the Agreement would need to be amended to reflect changed provisions with respect to an easement that was needed from the Palm Valley Lutheran Church and the amount of money the City was going to deposit as its share of the cost. The amendments are needed because it is now doubtful that the easement required from Palm Valley Lutheran Church will be acquired in time for the property owners contractor to complete a water line across the Church property. In that event, the Ci or other participants will complete the construction of a City p p P relatively small portion of the water line at a later time. Therefore the amount of money contributed by the City, as part of the agreement will be reduced from$91,073.27 to $51,073.37. The remaining$40,000 will be utilized by the City to complete the lines in the future, when the easement is acquired. RESOLUTION NO. WHEREAS, by Resolution :No. R-03-03-27-912 the City Council authorized the execution by the Mayor of a Cost Sharing and Reimbursement Agreement ("Agreement") with H.E. Butt Grocery Company, FM 1460 Partners, Ltd., 54 Acres Ltd., Highland Management, Inc., M&M Equities IV, Inc., EMI Leasing Partners, LP, Church of Christ of Round Rock, and Heritage Title Company of Austin, concerning the development of 10 tracts of land totaling 236.11 acres, and WHEREAS, the parties to the Agreement wish to amend the Agreement with respect to the provisions related to an easement across the property of Palm Valley Lutheran Church and • related to the amount of money the City will deposit in the Escrow Account as the City's Contribution, and WHEREAS, the parties desire to enter the First Amendment to Cost Sharing and Reimbursement Agreement("First Amendment"),Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the First Amendment to Cost Sharing and Reimbursement Agreement, Inc. with H.E. Butt Grocery Company, FM 1460 Partners, Ltd., 54 Acres Ltd., Highland Management, Inc., M&M Equities IV, Inc., EMI Leasing Partners, LP, Church of Christ of Round Rock, and Heritage Title Company of Austin, 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 10th day of April, 2003. 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 2916, APRIL 10, 2003 Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 12.C.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Camp Dresser and McKee, Inc. for the development and delivery of a 2003 Wastewater Master Plan. This item was withdrawn from the agenda at the request of staff. • *12.C.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to Contract for Engineering Services with Coulter Engineering, Inc. for the design of the Deerfoot Drive 8-inch Waterline Improvements. 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 Coulter Engineering, Inc. for the design of the Deerfoot Drive 8-inch Waterline Improvements, and WHEREAS, Coulter Engineering, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Coulter 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 Supplemental Agreement No. 1 to the Agreement with Coulter Engineering, Inc., a copy of said • Supplemental Agreement No. 1 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 10th day of April, 2003. 12.C.4. Consider a resolution authorizing the Mayor to execute an Agreement for En ifieering Services with Camp Dresser and McKee, Inc. for the Phase I design of the Avery Farms Wastewater Interceptor. Tom Clark,Director of Utilities made the staff presentation. These Phase I engineering services include preliminary design, alignment, environmental assessments, archeological investigation, geological assessments, right-of-entry documentation, identifying required easements, design and property surveying, estimated construction cost and • Phase II final design costs. The Phase One engineering services will provide the preliminary design of a wastewater interceptor to serve the proposed Round Rock Higher Education Center (IEC), and future development within Williamson County MUD No. 11. The Phase II scope of engineering services will be to complete the design of approximately 11,600 linear feet of 21- inch to 15-inch diameter Avery Farms Wastewater Interceptor, including bidding and construction services. These Phase II services will be conducted under a Supplemental 297 APRIL 10,2003 Agreement to this contract,which will require Council authorization. The total fee for these services is $89,440.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Phase I design of the Avery Farms Wastewater Interceptor Project, and WHEREAS, Camp Dresser and McKee, Inc. has submitted an Agreement for • Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Camp Dresser and McKee, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Camp Dresser and McKee, Inc. for the Phase I design of the Avery Farms Wastewater Interceptor 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 10th day of April, 2003. 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 McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 12.D.1. Consider a resolution authorizing the Mayor to execute a contract with Austin Traffic Signal Construction Company, LP for the Gattis School Road at High Country Boulevard and Red Bud Lane Traffic Signal Installation Project. Tom Word,Director of Transportation Services made the staff presentation. One bid was received and opened on March 11th, 2003 for • the Traffic Signal Installation Project. Austin Traffic Signal, Inc., submitted the lowest and best bid of$188,713.85. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Gattis School Road at High Country Boulevard and Red Bud Lane Traffic Signal Installation Project, and WHEREAS, Austin Traffic Signal Construction Company, LP has submitted the only bid, and 298 APRIL 10, 2003 WHEREAS, the City Council wishes to accept the bid of Austin Traffic Signal Construction Company, LP,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Traffic Signal Construction Company, LP for the Gattis School Road at High Country Boulevard-and Red Bud Lane Traffic Signal Installation 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 10th day of April,2003. NYLE MAXWELL,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: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None • ACTION: The motion carried unanimously. *12.D.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Raba-Kistner Brytest Consultants, Inc. for construction materials testing for the A.W. Grimes Boulevard Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for construction materials testing for the A.W. Grimes Boulevard Project, and WHEREAS, Raba-Kistner-Brytest Consultants, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Raba-Kistner- Brytest Consultants, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Raba-Kistner-Brytest Consultants, Inc. for construction • materials testing for the A.W. Grimes Boulevard 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 10th day of April, 2003. 299 APRIL 10, 2003 *12.D.3. Consider a resolution rejecting all bids for the Gattis School Road Doublecreek Drive, and Louis Henna Boulevard Turn Lanes Project This item was approved under the consent agenda. RESOLUION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Gattis School • Road,Doublecreek Drive, and Louis Henna Boulevard Turn Lanes Project, and WHEREAS, the Council has determined that all bids received should be rejected and the project should be re-bid,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That all bids received for the Gattis School Road, Doublecreek Drive, and Louis Henna Boulevard Turn Lanes Project are hereby rejected and the project should be re-bid. The City Council hereby finds and-declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of April, 2003. 12.E.1. Consider a resolution authorizing the settlement of the condemnation lawsuit styled City of Round Rock, Texas vs. J17 Fortune, L.P. Sunstate Equipment Company, and Morrison Excavation. Steve Sheets, City Attorney made the staff presentation. The Council previously authorized the condemnation of the needed right-of-way for SH 45 and A.W. Grimes • Boulevard. The proposed settlement terms were discussed in Executive Session. The agreed upon settlement amount was $167,200.00. RESOLUTION NO. WHEREAS, the City Council, upon consideration of the matter, has determined that there exists a public necessity for the welfare of the City of Round Rock("City") and the public- at-large to construct and maintain State Highway 45 and County Road 170 (A.W. Grimes Blvd.), and to perform associated public purposes ("Project'), and WHEREAS, the City has a need to acquire approximately 4.27 acres of land in Williamson County, Texas, in fee simple, as well as slope and drainage easements to enable the City to complete the Project, and WHEREAS, a suit to condemn this property is currently pending in the 277`x' District Court in and for Williamson County, Texas under cause number 00-498-C277 and styled the City of Round Rock, Texas v. J17 Fortune, L.P., Sunstate Equipment Company and Morrison Excavation, and WHEREAS, since the institution of this action the Defendants in the case have expressed a willingness to settle the condemnation proceedings for the amount of$ Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposed settlement amount of$ is a fair and equitable amount for the settlement of the condemnation case filed under cause number 00-498-C277 and styled the City of Round Rock, Texas v. J17 Fortune, L.P., Sunstate Equipment Company, and Morrison Excavation, and BE IT FURTHER RESOLVED 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 Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and 300 APRIL 10, 2003 the subject 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 10th day of April, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember pp Knight moved to approve the resolution. Councilmember • g Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson. Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: Councilmember McGraw ACTION: The motion carried with 6 ayes and 1 no. 13.A. Consider appointment of a Lay Representative and Alternate Lay Representative to the Central Texas Library System. Dale Ricklefs, Library Director made the staff presentation. An individual who does not serve as a Library staff member and who must be appointed by the City Council needs to fill this position. The Lay Representative represents the City at 3-4 meetings per year and votes on services provided by the state-funded system. The terms will • expire August 2004 and must be re-appointed by the Council every two years. Bonnie Horowitz and Cindy Hambrick submitted letters of interest for appointment to these positions. Mayor Maxwell opened the floor for nominations. MOTION: Councilmember McGraw moved to appoint Bonnie Horowitz as the Lay Representative and Cindy Hambrick as the Alternate Lay Representative by acclamation. 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. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:00 p.m. Re�sp�ecttfully submitted, Christine R. Martinez, City Secretary