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MINUTE BOOK 46 2001-2002 1 AUGUST 23, 2001 was open to the public as required by law at all times during which this Resolution and the su 'ect matter hereof were discussed; considered and formally acted upon, all as required by the OpeX Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of August 2001. OTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem Nielson sec nded the motion. • VOTE. es: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka N None ACTION: The mo ed unanimously. *14.17.6. Consider a i n authorizing the Ma or to execute a Wastewater Easement and Right-of-Wgy Right-of-Wayto the Lower do River Authority for the construction of wastewater mains. This item was approved un t onsent agenda. The LCRA is constructing a sewer line through property owned by t RESOLUT O • WHEREAS, the City desires to conv easement to the Lower Colorado River Authority across a portion of property owned b ity, and WHEREAS, said easement is to be or the construction of wastewater mains, Now Therefore BE IT RESOLVED BY THE COUNCIL O HE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorizedand di ected to execute on behalf of the City a Wastewater Easement and Right-of-Way to the Lower ra River Authority, a copy of same being attached hereto and incorporated herein for all p S. The City Council hereby finds and declares that tice of the date, hour, place and subject of the meeting at which this Resolution was adopte as posted and that such meeting was open to the public as required by law at all times during hich this Resolution and the subject matter hereof were discussed, considered and formally cted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as ended, and the Act. RESOLVED this 23rd day of August 2001. COUNCIL COMMENTS: Councilmember Palmer encouraged everyone to attend the ribb cutting at Memorial Park on Friday,August 24'h. • ADJOURNMENT: There being no further business,the meeting adjourned at 9:35 p.m. Respectfully Submitted, Joanne Land,Assistant City Manager/ City Secretary AUGUST 23, 2001 The Round Rock City Council met in Regular Session on Thursday, August 23, 2001 at 6:10 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney • Steve Sheets. WORK SESSION: 3.A.1. Consider discussion regarding the social services agency funding_ Councilmember Pitt provided the Council with a packet of information concerning the social services agencies request for funding. The following items were included in the packet. • The agencies that submitted a request and the amount they requested. • The United Way/City Joint Committee funding recommendations. • History of the process on the distribution of funds. • The application that is used to request funding. • A brief description of services that each agency provides. • • The criteria for Social Agency Funding Councilmember Pitt noted that once the funding is determined, the United Way would have a contract with each agency that is funded. The Council discussed whether the agencies would be allowed to come before the Council to request additional funding or to request funding if they did not receive any. Mayor Stluka asked Debbie Hoffman, Executive Director of the United Way to notify all the agencies that submitted a request informing them of the results of the committee's recommendation for funding. He added that the agencies could address the Council about their funding request during the public hearing of the budget on September 13"' or September 27"'. 3.A.2. Consider a presentation concerning the G.O. Bond recommendations. i Cindy Demers, Accounting Manager outlined the G. O. Bond proposal. (Attachment"A") David Kautz outlined the funding of the bonds and a graph on Principal and Interest Payment on the Debt. ATTACHMENT "A" Minutes 8/23/01 Proposed General Obligation Bond Authorization ' Page Estimated Annual Number Department Project Number and Name Project Total Operating Costs Parks&Recreation 28 PARD #21-City Trail System-A 685,000 20,760 29 PARD #22-Community/Neighborhood Park Development-A 835,000 25,970 31 PARD #24-Old Settlers Park at Palm.Valley-A 3,990,000 60,676 27 PARD #20-Senior Citizen Center 4,630,000 416,000 New PARD New-Recreation Center-West Side 7,000,000 800,000 Issuance Costs 175,000 Total Parks&Recreation 17,315,000 Public Safety 24 Fire #17-Engine Replacement Program $ 1,630,000 26 Fire #19-Fire Station#2 Replacement 1,625,000 75 Fire #50-Fire Station#6-Old Settler's Area 2,300,000 753,434 97-98 Police #58-New Police Department"Building 6,570,000 Issuance Costs 120,000 Total Public Safety 12,245,000 Public Service Facilities 1-2 Administration #1-S.W. Downtown Area Infrastructure 6,045,000 12,000 38-39 Administration #30-Municipal Office Campus Ph. 2 11,845,000 12,000 i 6 Public Works #4-Public Works Building Expansion 700,000 2,000 Issuance Costs 185,000 Total Public Service Facilities 18,775,000 Public Works 3 Public Works #2-Citywide Sidewalk Improvement Phase II-A 1,000,000 1,000 4-5 Public Works #3-Downtown Parking&Traffic Circulation-A 4,000,000 10,000 7 Public Works #5-Chisholm Parkway Extension 1,300,000 4,000 8 Public Works #6-Gattis School Road Intersection and Safety 2,910,000 2,000 9-10 Public Works #7-Downtown Streets-A 2,190,000 1,000 11 Public Works #8-Traffic Signals-up to 10 at various locations 1,290,000 6,500 12-13 Public Works #9-Sam Bass(Meadows to IH35),4-6 lanes 3,820,000 4,000 15 Public Works #11-Chisholm Trail Reconstruction-5 Lanes 6,160,000 4,000 42-43 Public Works #32-Creek Bend Drive(end to Wyoming Springs) 5,175,000 4,000 110 Public Works #71-Forest Creek Sidewalks and Safety 250,000 14 Public Works #10-Messick Loop-Hanlac Trail Channel Improv. 640,000 16-17 Public Works #12-Dennis Drive Improvements 1,570,000 2,000 18 Public Works #13-Austin Ave.and Liberty Ave. Improvements 3,895,000 4,000 19 Public Works #14-Corridor Enhancement Program-A 500,000 10,000 5455 Public Works #39-South Creek Channel Improvements 1,780,000 62-63 Public Works #43-Various Round Rock West Streets 1,775,000 50,51 Public Works #37-Bowman Road Drainage 1,500,000 4,000 52 Public Works #38-Ledbetter St. (Clark West to Dead End)Improveme 280,000 4,000 111 Public Works #72 CR 122(Red Bud)Sidewalks(Gattis to CR 123) 1,010,000 Issuance Costs 415,000 0 Total Public Works 41,460,000 Proposed Bond Authorization $ 89,795,000 Council-08/23/2001 *Proposed Projects-For Planning Purposes Only* No Text 3; AUGUST 23, 2001 Will Hampton, Communications Director outlined the calendar regarding presentations to the various civic groups and open houses to explain the bond package. The calendar also contained when the information would be advertised. The work session was recessed and the remaining presentations were addressed under Item 10.A. • CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: Regular Session July 26, 2001 MOTION: Councilmember Palmer moved to approve the minutes as submitted. Councilmember McGraw seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Randy Kubich, 1090 Plantation Cove, thanked the Council for all their efforts in making Plantation Cove safe for the children who use the Cove to get to school. He recommended that the school zone on Plantation Drive be expanded into the Bent Tree Subdivision and to address the Chaparral route to the school in a public forum. • Be Putney, 1912 Plantation Drive thanked the Council for working with the school in Betty Y, g trying to resolve the traffic issues around Old Town Elementary. She said that the proposed school zone for Plantation Drive needs further study. Frank Horton, 1915 Plantation Cove, thanked the Council and staff for helping solve the safety problem around Old Town Elementary. He expressed his concern regarding the proposed school speed zone in the area. AUGUST 23, 2001 Kenneth Snyder, 4406 North Ridge, Austin, expressed his concern regarding the water situation in North Ridge Acres. PROCLAMATIONS: 9.A. Consider aproclamation proclaiming August 29, 2001 as Senior Citizens Day. Mayor Stluka read the appropriate proclamation and presented it to Beth Carlile of the Senior Center. • 9.B. Consider a proclamation proclaiming September as Prostate Cancer Awareness Month. Mayor Stluka read the appropriate proclamation. PRESENTATIONS: 10.A. Continuation of presentations not addressed during the Work Session. 3.B.1. Consider a presentation on a proposed Recreation Center. Sharon Prete, Parks and Recreation Director briefly outlined the history of the Clay Madsen Recreation Center and attendance that the Center has been experiencing. She noted that one of the proposition for the November 6, 2001 Bond Election includes a second Recreation Center. If the proposition is approved a new Recreation Center would cost approximately$7 million and would be 55,000 square feet. The site that is being considered for the Center is off • Deepwood Drive adjacent to the Fire Station. Ms. Prete concluded that a second Recreation Center would: • Enhance the City's quality of life • Improve the City's ability to serve the community • Increase programming diversity • Take some pressure off the Clay Madsen Recreation Center operation and maintenance 3.C.1. Consider a presentation concerning Community Development Block Grant recommended funding of public service activities in fiscal year 2001-2002. Mona Ryan, Community Development Coordinator made the staff presentation. The Community Development Annual Action Plan(CDAP)was adopted by the City Council on August 9, 2001. The Community Development Advisory Commission recommended a total of • $95,850 in CDBG funding to six public service agencies in fiscal year 2001/02. The funding is as follows: YMCA$15,000,Round Rock Housing Authority$8,324, Big Brothers Big Sisters $20,000, Children's Support Coalition$25,000, WBCO $25,000 and Round Rock Area Serving Center$2,526. This funding will help create new programs and continue to support existing . 5- AUGUST 23,2001 programs funded with block grant money. It will also allow low and moderate-income families and persons to have access to increased public services and community programs. 3.D.1. Consider a presentation to discuss and describe the City's new Computer-Aided Dispatch/Records Management System program. Paul Conner, Chief of Police made the staff presentation. He described the new • Computer Aided Dispatch/Records Management System (CAD/RMS)program funded in the current year. The submission period for a Request for Proposals for this program ends on August 23. The CAD systems help Police&Fire services agencies improve dispatch efficiency,provide quick response, and deliver accurate information to personnel in the field. From the initial emergency call, CAD will record all relevant details of the call-for-service and assist in the assignment of police patrol or emergency units. In addition, CAD provides access to state and national systems for tracking criminal warrants and criminal histories. Using CAD systems, public safety officers can gather critical information related to calls-for-service through wireless communications systems coupled with mobile computers installed in their vehicles. The current system was purchased in 1995 and is being replaced because it is outdated and unable to meet the • needs of a growing city with professional public safety agencies. The current software package is incapable of providing essential.and timely crime analysis information and other case-tracking features you would expect of a robust system of this type. Also, the current system does not support mobile data computers, GIS mapping or automatic vehicle location. 3.E.1. Consider a presentation on the status of the road projects. Tom Word, Traffic Engineer gave an update on the following transportation projects. • Hesters Crossing/FM1325 Turnarounds—The improvements to the FM1325 turnarounds are about 45 days away for the opening. • SH-45 Frontage Road—The curbs are in place and the base in down. Paving will begin in about 2-3 weeks. • US79 Phase I—The divided highway has been completed and the clean up is being completed. • Forest Creek Drive—Construction will begin in 1-2 weeks. The bridge is included in these improvements. • • South Mays—Progress is being made. The base and curbing are back on track and the berm is also being worked on. If everything goes on schedule that road can be used this winter. • A. W. Grimes—The contractor is on schedule. The sub grade is being cut for connection to the Red Villas. The contractor will then cross Gattis School Road to continue the improvements. • US79 Phase 2—The plans for the divided highay to 1460 are being worked on. • FM1460—Staff is in contact with the State on the cost of the right-of-way. PUBLIC HEARINGS: 6 AUGUST 23, 2001 l l.A.1. Consider public testimony regarding an application to rezone 0.73 acres of land out of the Asa Thomas Survey, A-609 in Williamson County(Interchange Business Park) from I- 1 (Industrial) to C-1 (General Commercial). Joe Vining, Planning Director made the staff presentation. This tract is surrounded by commercial zoning and by an office/warehouse business park and is identified in the General Plan 2000 as Business Park/Commercial. The purpose of this rezoning is for additional commercial use development consisting of a childcare facility. This tract of land was originally zoned C-1 (General Commercial) in 1984 (University Business Park-Ordinance 1147). In 1988 this tract was rezoned I-1 (General Industrial) as part of Interchange Business Park(Ordinance 1269). On August 1,`2001, the Planning and Zoning Commission held a public hearing concerning this tract of land. Councilmember Pitt expressed her concern regarding the compatibility of this use next to an industrial use. Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered to be routine by the City Council and were enacted • by one motion. There was no separate discussion on any of these items. Items 13B 1 and 13D 1 were removed from the consent agenda and addressed in the normal sequence of the agenda. *13.B.1. Consider an ordinance amending Chapter 1, Section 1.2700, Code of Ordinances, regarding the youth curfew regulations. (Second Reading).This item was removed from the consent agenda and addressed in the normal sequence of the agenda. *13.C.1. Consider an ordinance determining the public necessity for the acquisition of 0.387 acres, 0.012 acres, 0.544 acres, 0.253 acres, 0.565 acres, and 1.536 acres of land for the proposed Double Creek Drive project, and if necessY• authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. (Second Reading) *13.D.1. Consider an ordinance desi ng ating the intersection of St. Williams Drive and • Lime Rock Drive as an all-way stop intersection. (First Reading) *13.D.3. Consider an ordinance establishing a speed zone on Hester's Crossing from the IH-35 Southbound Frontage Road to CR 172. (First Reading) *14.C.1. Consider a resolution authorizing the closing of a portion of East Main Street and a portion of Lampasas Street for the Annual Frontier Days event. AUGUST 23, 2001 *14.C.2. Consider a resolution authorizing the closing of streets for the Frontier Days Parade. *14.D.1. Consider a resolution authorizing the purchase of a Public Utility Easement from Camco Land, Ltd. for the CR 113 Waterline Project. *14.D.3. Consider a resolution authorizing the Mayor to execute an engagement letter • with Fredrick&Hornsby, Inc. for professional appraisal services for right-of-way acquisitions on the Double Creek Drive Project. *14.E.1. Consider a resolution authorizing the City Manager to issue a purchase order to Tennant Sales and Service for the purchase of a litter vacuum vehicle. *14.E.2. Consider a resolution authorizingty Manager to issue a purchase order to Texas Guardrail for the purchase of a fence at Woods Park. *14.E.3. Consider a resolution authorizing the City Manager to issue a purchase order to Ted's Trees,Inc. for the purchase of an irrigation system at Memorial Park. *14.F.6. Consider a resolution authorizingthe to execute a Wastewater Easement and Right-of-Way to the Lower Colorado River Authority for the construction of • wastewater mains. MOTION: Councilmember Palmer moved to approve the items that remained on the consent agenda. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. ORDINANCES: 3.A.1. Consider an ordinance rezoning 0.73 acres of land out of the Asa Thomas Survey, • A-609 in Williamson County(Interchange Business Park) from 1-1 (Industrial) to C-1 (General Commercial). (First Reading) A public hearing was held earlier in the meeting on this item. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 0.73 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN ROUND ROCK, 8? AUGUST 23, 2001 WILLIAMSON COUNTY, TEXAS, FROM DISTRICT I-1 (GENERAL INDUSTRIAL) TO DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Councilmember Palmer moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt • Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka • Noes: None ACTION: The motion carried unanimously. *13.B.1. Consider an ordinance amending Chapter 1, Section 1.2700, Code of Ordinances, regarding the youth curfew regulations. (Second Reading)The first reading of the ordinance was approved on August 9, 2001. This ordinance will provide the Police Department with another tool with which it may address the problems of youths not being in school during school hours. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.2700, CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, TEXAS TO ADD TO A DAYTIME CURFEW PERIOD FOR THE TIME PERIOD MINORS SHOULD BE IN SCHOOL AND PROVIDE A DEFENSE THERETO; TO EXPAND THE OFFENSE TO INCLUDE WALKING, RUNNING, STANDING, DRIVING OR RIDING ABOUT OR UPON ANY PUBLIC PLACE; TO CONTINUE THE REMIANDER PROVIDISONS OF THE PREVIOUS ORDINANCE IN • CONFORMITY WITH SECTION 370.002 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt AUGUST 23,2001 Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *13.C.1. Consider an ordinance determining the public necessity for the acquisition of • 0.387 acres, 0.012 acres, 0.544 acres, 0.253 acres, 0.565 acres, and 1.536 acres of land for the proposed Double Creek Drive project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. (Second Reading) This item was approved under the consent agenda. The cost for.;these properties is $315,000. 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 0.387 ACRES, IN FEE SIMPLE; 0.012 ACRES, IN FEE SIMPLE; 0.544 ACRES, IN FEE SIMPLE; 0.253 ACRES, IN FEE SIMPLE; 0.565 ACRES, IN FEE SIMPLE; 1.536, IN FEE SIMPLE AND; GIVING NOTICE OF OFFICAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN ROADWAY IMPROVEMENTS TO DOUBLE CREEK DRIVE, AND ASSOCIATED PUBLIC PRUPOSES; 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. *13.D.1. Consider an ordinance designating the intersection of St. Williams Drive and Lime Rock Drive as an all-way stop intersection. (First Reading) At the requests of residents and after an engineering evaluation of the intersection, it was determined that it is posing a sight distance hazard and requires an all-way stop at this intersection. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF ST. WILLIAMS DRIVE AND LIME ROCK DRIVE AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember Coe seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 1_ AUGUST 23,2001 13.D.2. Consider an ordinance designating a portion of Plantation Drive as a school speed zone. (First Reading) This ordinance will establish a 20-MPH school speed zone between the hours of 7:15 A.M. to 8:15 A.M. and between 2:30 P.M. to 3:30 P.M. on school days. This location has been used to drop-off and pick-up children from Old Town Elementary. This 20- MPH school speed will help increase the safety for the children who walk or ride their bicycles to school. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS DESIGNATING A PORTION OF PLANTATION DRIVE AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. The section will be amended as follows: That Chapter 9, Section 9.503, of the Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended by creating subparagraph (11) designating a portion of Plantation Drive from Creek Bend Boulevard to FM 3406, as a school zone from 7:15 a.m. to 8:15 a.m. and from 2:30 p.m. to 3:30 p.m. controlled by signs erected giving notice thereof, which shall read as follows: (11) When a sign is posted with the hours of operation, giving notice thereof, the maximum speed limit shall be twenty (20) miles per hour between the hours of 7:15 a.m. and 8:15 a.m.; and between the hours of 2:30 p.m. and 3:30 p.m. on school days only, upon those streets or portions of streets as follows: ON FROM TO Plantation Drive Creek Bend Boulevard FM 3406 • MOTION: Councilmember Palmer moved to adopt the ordinance with a sunset clause. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *13.D.3. Consider an ordinance establishing a speed zone on Hester's Crossing from the IH-35 Southbound Frontage Road to CR 172. (First Reading)This item was approved under the consent agenda. This ordinance will establish a 35-MPH speed zone from the IH-35 southbound frontage road to 200 feet west of Kouri Avenue and a 45-MPH speed zone from 200 feet west of • Kouri Avenue to County Road 172. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS ESTABLISHING A SPEED ZONE ON HESTERS CROSSING FROM THE IH-35 SOUTHBOUND FRONTAGE ROAD TO COUNTY ROAD 172; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. AUGUST 23,2001 RESOLUTIONS: 14.A.1. Consider a resolution scheduling a public hearing on the proposed 2001 property tax rate. David Kautz, Finance Director made the staff presentation. Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their • tax rates. When a proposed rate exceeds the lower of the roll-back rate or 103 percent of the effective rate, the taxing unit's governing body must vote to place a proposal to adopt the rate on the agenda of a future meeting as an action item. The proposed property tax rate of$0.32207 is required to balance the FY2001-02 Operating Budget. This rate is below last year's rate of $0.33031 but,because of changes in existing property values, represents a 6.86% increase for properties, which were on the tax roll last year. Public hearings will be held concerning the tax rate prior to its adoption. RESOLUTION NO. WHEREAS, Chapter 26 of the Property Tax Code [Vernon's Texas Codes Annotated, Tax Code, Sections 26.01 et. seq.] requires taxing units to comply with truth-in-taxation laws in adopting their tax rates, and WHEREAS,the City of Round Rock's 2001 proposed tax rate exceeds the lower of the • rollback rate or 103% of the effective rate, and WHEREAS, it is mandatory in such case for the governing body of the City of Round Rock to vote to place the proposal to adopt the rate on the agenda of a future meeting as an action item on which a record vote will be taken, and WHEREAS, it is necessary for the City Council to set a date, time, and place for the holding of a public hearing on the proposed property tax rate, and WHEREAS,the proposed property tax rate is 32.207 cents per$100 valuation compared to 33.031 cents for the prior year,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposal to adopt the 2001 proposed property tax rate be placed on the agenda of the September 13, 2001 meeting of the Round Rock City Council as an action item on which a record vote will be taken and recorded. That a public hearing on the 2001 proposed property tax rate be held on the 13th day of the month of September, 2001, at 7:00 o'clock p.m. at 221 E. Main Street, Round Rock, Williamson County, Texas. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of August 2001. • MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka AUGUST 23, 2001 Noes: None ACTION: The motion carried unanimously. 14.B.1. Consider a resolution authorizing the Mayor to execute an agreement with the Round Rock Leader for publication of official City notices. Will Hampton, Communication Director made the staff presentation. By Charter, the City is required to enter into a yearly agreement with a publication of general circulation to publish all officially required notices. • In recent years, the City has solicited quotes from the Round Rock Leader and Austin American-Statesman for this Charter-required contract. Historically, the Council has selected the Leader; on two occasions, the Austin American-Statesman was awarded the contract. Both the Leader and the American-Statesman are offering a rate of$7 per column inch for required notices. The City has spent$71,669 on all newspaper advertising, which includes legal notices, City Beat and job listing classifieds, through June of the current fiscal year. Of that total, we have spent$27,271 with the Leader and $44,398 with the American-Statesman. The required legal notices help inform citizens of City activities such as public hearings and are an important component of the City's overall communication effort. RESOLUTION NO. • WHEREAS, Section 13.02 of the Home Rule Charter for the City of Round Rock, Texas, provides that the Council shall designate a public newspaper of general circulation in the City as official publication for legal notices, and WHEREAS, the Round Rock Leader is a public newspaper of general circulation in the City, and WHEREAS, the Council is desirous of designating the Round Rock Leader as the official publication of the City,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Round Rock Leader is designated as the official publication of the City and all ordinances,notices and any other matter required to be published shall be published therein, and BE IT FURTHER RESOLVED that the Council hereby authorizes the Mayor to execute a one-year agreement with the Round Rock Leader to provide the required services at its normal and usual rates,.a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of August 2001. • MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe 13 AUGUST 23, 2001 Mayor Stluka Noes: None ACTION: The motion carried unanimously. *14.C.1. Consider a resolution authorizing the closin ogf a portion of East Main Street and a portion of Lampasas Street for the Annual Frontier Days event. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the Round Rock Chamber of Commerce, in celebration of the Annual Frontier Days event, has requested that East Main Street from North Mays Street to Burnet Street, and Lampasas Street from Bagdad Avenue to Liberty Avenue be closed on September 14, 2001 from 2:00 p.m. to 12:00 midnight, and on September 15, 2001 from 9:00 a.m. until 1:00 a.m. on September 16, 2001. 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 listed above be closed on the dates and times as set out above for the Annual Frontier Days event. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of August 2001. *14.C.2. Consider a resolution authorizing the closing of streets for the Frontier Days Parade. This item was approved under the consent agenda. The streets that will be closed are 300 West Anderson Avenue to Lee Street, Lee Street to Round Rock Avenue, Round Rock Avenue eastbound to the intersection of North Mays and East Main Street, and East Main Street to Georgetown Street. RESOLUTION NO. WHEREAS, the Frontier Days Corporation, in celebration of the Annual Frontier Days event,has requested that the following intersections along the parade route be closed from 10:00 o'clock a.m. until 11:30 o'clock a.m. on September 15, 2001 for the Frontier Days Parade: Round Rock Avenue and Lee Street,Round Rock Avenue and San Saba Street, Round Rock Avenue and Brown Street,Round Rock Avenue and Blair Street, East Main Street and North Mays Street, East Main Street and Lampasas Street, East Main Street and Shepard Street, East Main Street and Burnet Street, East Main Street and Lewis Street, East Main Street and Stone Street, East Main Street and Black Street, East Main Street and Georgetown Street, and WHEREAS, the Council wishes to grant such request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK; TEXAS • That the intersections along the parade route be closed as set forth above from 10:00 o'clock a.m. until 11:30 o'clock a.m. on September 15, 2001 for the Frontier Days Parade. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of August, 2001. 14.C.3. Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding Relating to the ITS Integration Program with the Texas Department of AUGUST 23, 2001 Transportation and Williamson County. This item was withdrawn from the agenda at the request of staff. *14.D.1. Consider a resolution authorizing the purchase of a Public Utility Easement from Camco Land, Ltd. for the CR 113 Waterline Project. This item was approved under the consent agenda. The cost for the easement is $15,000. RESOLUTION NO. WHEREAS, the City desires to purchase a public utility easement in and to a 0.246 acre tract of land for right-of-way for the CR 113 waterline project, and WHEREAS, Camco Land, Ltd.,the owner of the property, has agreed to sell said public utility easement to the City for$15,000.00,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby authorizes the purchase of a Public Utility Easement from Camco Land, Ltd., for$15,000.00, a copy of said Public Utility Easement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of August 2001. 14.D.2. Consider a resolution authorizing the Board of Directors of Round Rock Golf, Inc. to file the Articles of Dissolution for Round Rock Golf, Inc. Steve Sheets, City Attorney • made the staff presentation. Round Rock Golf, Inc. was incorporated in 1989 as a non-profit corporation for the limited purposes of promoting and developing new and expanded business enterprises through acquisition, ownership, operation, mortgaging or leasing of property for a municipal golf course. All of these purposes have been achieved, and therefore, the corporation may be dissolved. The Round Rock Golf, Inc. Board of Directors met prior to the Council meeting and approved the dissolution of the Corporation. RESOLUTION NO. WHEREAS, on August 23, 2001, a majority of the Board of Directors of Round Rock Golf, Inc. adopted a resolution to approve the Articles of Dissolution of Round Rock Golf, Inc., a non-profit corporation; and WHEREAS, the Board of Directors have filed with the City Council a request that the City Council authorize and approve the dissolution of Round Rock Golf, Inc. (the "Corporation"); and • WHEREAS, the Corporation was organized as a Texas non-profit corporation for limited purposes,namely to promote and to develop new and expanded business enterprises through acquisition, ownership, operation, mortgaging or leasing of property for a municipal golf course; and WHEREAS, these limited purposes have all been fulfilled; and WHEREAS, the City Council has reviewed the Articles of Dissolution of the non-profit Corporation;Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Board of Directors of the Corporation is hereby authorized to file the Articles of Dissolution for the Corporation, which are hereby approved for use and adoption. AUGUST 23, 2001 The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED, this 23rd day of August 2001. MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember • Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councihnember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *14.D.3. Consider a resolution authorizingthe e Mayor to execute an engagement letter with Fredrick&Hornsby, Inc. for professional appraisal services for right-of-way acquisitions on the Double Creek Drive Project. This item was approved under the consent agenda. The cost of the services is $13,500. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional appraisal services for right-of-way acquisitions on the Double Creek Drive Project, and WHEREAS,Frederick&Hornsby, Inc. has submitted an engagement letter to provide said services, and WHEREAS, the City Council wishes 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 an engagement letter with Frederick&Hornsby, Inc. for appraisal services for right-of-way acquisitions on the Double Creek Drive Project, a copy of same being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of August, 2001. *14.E.1. Consider a resolution authorizing the City Manager to issue a purchase order to • Tennant Sales and Service for the purchase of a litter vacuum vehicle. This item was approved under the consent agenda. The cost of the litter vacuum is $24,398.51. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of a litter vacuum vehicle, and WHEREAS, Tennant Sales and Service has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Tennant Sales and Service, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 1 AUGUST 23, 2001 That the bid of Tennant Sales and Service is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Tennant Sales and Service for the purchase of a litter vacuum vehicle. The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject 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 ct:RESOLVED this 23rd day of August 2001. 14.E.2. Consider a resolution authorizingtity Manager to issue a purchase order to Texas Guardrail for the purchase of a fence at Woods Park. This item was approved under the consent agenda. The cost of the fence is $8,687.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of an eight-foot fence at Woods Park, and WHEREAS, Texas Guardrail has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Texas Guardrail,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Texas Guardrail is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Texas Guardrail for the purchase of an eight-foot fence at Woods 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, and the Act. RESOLVED this 23rd day of August 2001. *14.E.3. Consider a resolution authorizingthe e City Manager to issue a purchase order to Ted's Trees, Inc. for the purchase of an irrigation system at Memorial Park. This item was approved under the consent agenda. The cost of the irrigation system is $13,575.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of an irrigation system at Memorial Park, and WHEREAS, Ted's Trees, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Ted's Trees, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Ted's Trees, Inc. is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Ted's Trees, Inc. for the purchase of an irrigation system at Memorial 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, and the Act. RESOLVED this 23rd day of August 2001. 14.E.4. Consider a resolution authorizing the Mayor to execute a contract with Camp Excavation and Contracting, Inc. for the construction of a paved trail in Old Settlers Park at Palm 17 AUGUST 23, 2001 Valley. Sharon Prete, Parks and Recreation Director made the staff presentation. The Parks, Recreation, and Open Space Master Plan identified trail development as the number one priority. Construction of this trail is also in keeping with the Old Settlers Park at Palm Valley Master Plan. This contract is with Camp Excavation and Contracting Inc. for the construction of approximately 3 miles of trail in Old Settlers Park at Palm Valley at a cost of$496,633.00. The • trail will loop around Chandler Creek and connect to existing trail. A bridge will be erected to cross the creek on the east side and the Harrell Parkway low water crossing will be modified to accommodate pedestrian traffic to the west. The trail will provide outdoor recreation for numerous activities including walking,running,bicycling and roller-skating. The entire trail system has been designed to meet the current Texas Accessibility Standards for persons with disabilities. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of a paved trail in Old Settlers Park at Palm Valley, and WHEREAS, Camp Excavation and Contracting, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Camp Excavation and • Contracting, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Camp Excavation and Contracting, Inc. for the construction of a paved trail in Old Settlers Park at Palm Valley, a copy of said contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of August 2001. MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmeinber Palmer • Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.F.1. Consider a resolution authorizing the Mayor to execute Change Order No. 3 with Austin Filter Systems, Inc. for the construction of roadway iMprovements to Dell Way, Dell Center Boulevard, and Gattis School Road. Jim Nuse, Director Public Works Director made the AUGUST 23, 2001 staff presentation. These improvements are to relocate the utilities and enable the Dell Way road construction to continue effectively. The amount of this change order is $38,575.00. 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 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. 3, and WHEREAS, the Council has determined that this Change Order No. 3 will not result in an increase of the original contract price by more than 25 percent, Now Therefore BE IT RESOLVED BY 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 Austin Filter Systems, Inc. for the construction of roadway improvements to Dell Way,Dell Center Boulevard, and Gattis School 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, and the Act. RESOLVED this 23rd day of August 2001. MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.F.2. Consider a resolution authorizing the Mayor to execute Change Order No. 7 with Maverick Excavation, Inc. for the Lee and Summit Street Reconstruction Project. Tom Word made the staff presentation. This project involved the reconstruction of the neighborhood streets and the parking lot of Memorial Park. Also, the replacement and adjustment of waterlines, storm sewer lines, and manholes and sidewalks. The amount of the change order is $28,600.54 and includes final i • quantity adjustments. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract("Contract") with Maverick Excavation, Inc. for the Lee and Summit Street Reconstruction 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. 7, and AUGUST 23, 2001 WHEREAS,the Council has determined that this Change Order No. 7 will not result in an increase of the original contract price by more than 25 percent,Now Therefore BE IT RESOLVED BY 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. 7 to the Contract with Maverick Excavation, Inc. for the Lee and Summit Street Reconstruction Project. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the • subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of August 2001. MOTION: Councilmember Pitt moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. :. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.F.3. Consider a resolution authorizing the Mavor to execute Amendment No. 2 to the • Contract for Engineering Services with HDR Engineering, Inc. for the Lake Creek Pump Station Improvements project. Mayor Stluka disclosed that he has had a business relationship with HDR and will refrain from discussion and vote. Mayor Pro-tem Nielson chaired this item. The current contract with HDR for the Lake Creek Pump Station Improvements was approved on October 14, 1999 for$167,280.00. These improvements were needed to replace and upgrade the existing vertical turbine pumps to deliver water to the 924 pressure plain. Also, Contract Amendment No. 1 was approved on the 22nd day of February 2001, in the amount of $54,000.00, to consolidate the multiple electric feeds into the site into a single feed. Additionally, these improvements were to include upgrading the electrical building, the fluoridation system, and chemical feed system,which simplify operations and maintenance. The general scope of work under this amendment is to enclose the existing chlorine and ammonia feed facilities, along • with designsurvey and general site work to develop new site access drive off Burnet Street and Y g p fencing of the new site. Also, included in this amendment are the design of the High Country PRV and a 30-inch water line bypass at the existing IV 6 and IV 7 valves. With this Amendment No. 2 the total contract amount will be$271,280.00. The total fee for this amendment is $50,000.00. RESOLUTION NO. AUGUST 23, 2001 WHEREAS, the City of Round Rock has previously entered into a contract for engineering services ("Contract") with HDR Engineering, Inc. for the Lake Creek Pump Station Improvements Project, and WHEREAS, HDR Engineering, Inc. has submitted Amendment No. 2 to the Contract to provide access to the pump station from Burnet Street and to provide for cleaner and safer operations and maintenance of the pump station, as described in the attached Amendment No. 2, and WHEREAS, the City Council desires to enter into said Amendment No. 2 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 Amendment No. 2 to the Contract with HDR Engineering, Inc., a copy of said amendment being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted, and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of August 2001. MOTION: Councilmember Coe moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe • Mayor Pro-tem Nielson Noes: None Mayor Stluka refrained from voting. ACTION: The motion carried unanimously. 14.F.4. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Raba-Kistner-BWest Consultants, Inc. for construction materials testing on the A.W. Grimes Boulevard Construction Project. Tom Word made the staff presentation. Raba-Kistner-Brytest Consultants performed the Geotechnical Study for A. W. Grimes Boulevard and has excellent construction materials testing facilities. It is necessary to insure that an experienced engineering and/or technical services are provided for the testing of construction materials during the construction phase of A. W. Grimes Boulevard. The cost of the service is $200,000. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain engineering services for construction materials testing on the A.W. Grimes Boulevard Construction Project, and WHEREAS, Raba-Kistner-Brytest Consultants, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with 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 a Contract for Engineering Services with Raba-Kistner-Brytest Consultants, Inc., for construction 2. 1- AUGUST 23, 2001 materials testing on the A.W. Grimes Boulevard Construction Project, a copy of said contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of August, 2001. • MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.F.5. Consider a resolution authorizing the Mayor to execute an Architect's Contract for the Municipal Office Complex - Parking Garage with Austin Architecture Plus, Inc. for the design of the parking_garage. Tom Word made the staff presentation. The Council approved the • original contract with Architecture Plus in Resolution No. R-00-05-25-1105 to include the Campus Master Plan, PARD/ Planning/Courts Building, and Infrastructure Improvements. A surface parking lot is also included in this original contract and in the event that the surface parking lot is never bid or built, a credit of$6,180 would be applied against the remaining fees for the PARD/Planning/Courts Building. The parking garage will be designed to accommodate the future addition of 3 levels for an ultimate facility of 400 cars on all five levels. The total amount for this contract is $149,300, and is assigned as follows: Schematic Design $22,020; Design Documents $36,700; Construction Documents $51,380; Bid Negotiation $7,340; Construction Administration$29,360; Reimbursable Expense Allowance $2,500. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services • for the design of a two-level parking garage at the Municipal Office Complex, and WHEREAS, Austin Architecture Plus, Inc. has submitted Supplementary Agreement No. 2 ("Agreement")to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Austin Architecture Plus, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplementary Agreement No. 2 with Austin Architecture Plus, Inc. for architectural services for the design of a two-level parking garage at the Municipal Office Complex, a copy of said Agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting 2 Zi; AUGUST 23, 2001 was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of August 2001. MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *14.F.6. Consider a resolution authorizingthe e Mayor to execute a Wastewater Easement and Right-of-Way to the Lower Colorado River Authority for the construction of wastewater mains. This item was approved under the consent agenda. The LCRA is constructing a sewer line through property owned by the City. RESOLUTION NO. WHEREAS, the City desires to convey an easement to the Lower Colorado River • Authority across a portion of property owned by the City, and WHEREAS, said easement is to be utilized for the construction of wastewater mains, Now Therefore BE IT RESOLVED BY 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 Wastewater Easement and Right-of-Way to the Lower Colorado River Authority, a copy of same being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of August 2001. COUNCIL COMMENTS: Councilmember Palmer encouraged everyone to attend the ribbon cutting at Memorial Park on Friday, August 24`h. ADJOURNMENT:' • There being no further business, the meeting adjourned at 9:35 p.m. R pectfully Submitted, �Q1mal fAN� J nne Land, Assistant City Manager/ City Secretary SEPTEMBER 13, 2001 The Round Rock City Council met on Thursday, September 13, 2001 in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE SESSION TO ORDER—5:00 P.M. ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl • Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. Mayor Stluka dispensed with the order of the agenda with the unanimous consent of all the Council members present and addressed the items as follows: EXECUTIVE SESSION: 3.C. Executive Session as authorized by §551.074 Government Code,related to procedures for hiring a new City Manager. The Council entered into Executive Session and addressed this item at 5:10 p.m. and adjourned at 5:40 p.m. • 3.A. Executive Session as authorized by 051.072 Government Code, related to the purchase of real property,to wit: , 1) 0.061 acre tract of land from QRS 1129 (Tx), Inc. for SH45 right-of-way 2) 0.71 acre tract of land from RS Shopping Center, Ltd. for the Gattis School Road extension The Council addressed this item at 5:41 p.m. and adjourned at 5:54 p.m. 3.B. Executive Session as authorized by §551.071 Government Code, related to pending litigation, to wit: Cause 99616C26, 26th Judicial District, Williamson County Texas-, City of Round Rock vs. Milford Anderson, Jr., Wilbur Wilson and David W. Leppin.. The Council addressed this item at 5:55 p.m. and adjourned the Executive Session at 6:00 • p.m. TOWN HALL MEETING—6:00 P.M. A televised presentation was made concerning the proposed 20012002 Operating Budget and 2001 Property Tax`kate'for'the City of Round Rock. Call-in questions regarding the budget and tax rate from residents were answered live. CALL REGULAR SESSION TO ORDER- 7:00 P.M. 2:..4!. SEPTEMBER 13, 2001 The Council and members of the audience joined together to sing"God Bless America" in honor of those who lost their lives on September 11fl' at the New York World Trade Center. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl • Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: Special Called Work Session August 2-3 2001 Regular Session August 9, 2001 This item was withdrawn at the request of staff. CITIZENS COMMUNICATIONS: Ruth Koughan, 211 Round Rock Avenue, introduced this year's Grand Marshall for this ears Frontier Days Parade Pose Y Y � Y McClung. g Taylor Pfaff, 8202 Miller Falls Drive, asked the Council for approval of this year's Round Rock High School Homecoming Parade which will be October 4th. She also invited the Council to the Homecoming Carnival,which is September 29`h. Mayor Stluka asked Ms. Pfaff to • contact Chief Conner so he can arrange that her request be placed on the next agenda. Preacher Joe, 301 W. Parker,Plano, Texas, noted that he was with the In God We Trust Foundation and was on a mission to get prayer back in the schools. Kenneth Snyder, 4406 North Ridge, Austin, Texas, spoke on the Northridge Acres water situation. PROCLAMATIONS: 10.A. Consider a proclamation recognizing The Rage, the National Champion Pony Pinto Softball Team. Mayor Stluka read the appropriate proclamation and presented it to team members. The members of the team introduced themselves to the Council. 10.B. Consider a proclamation proclaiming Alcohol and Drug Addiction Recovery • Month. Mayor Stluka read the appropriate proclamation. PRESENTATIONS: 11.A.1. Consider a presentation on the Economic Development Program Agreement with Display Products Technology Limited(DPT). Bob Bennett, City Manager made the staff presentation. The proposed agreement provides that the City grant training funds for new SEPTEMBER 13, 2001 employees over a base number. Staff has been working with Display Products Technology Limited(DPT) since July 2001 regarding the locating of a new facility in Round Rock. DPT, based in Scotland also has operations inCalifornia, p Ca iforniaTexas, Taiwan and Ireland and is the world's leading service provider in the Flat Panel Display market, in terms of both revenue and volume. This company fits well with the City's business recruitment and in helping diversify the employment base. The location of this company to Round Rock will help to diversify the City's employment base,property tax base and sales tax base. Initially, this facility will employ approximately 190 employees who are trained with specialized skills. This industry is positioned for growth and will add new basic jobs,property tax, and sales tax to the community as well as non-basic jobs. David Kautz,Finance Director outlined the details of the agreement and outlined the benefits that the City will received from this industry locating in Round Rock. Representatives from DPT made a brief presentation regarding their company and product. 1 LA.2. Consider a presentation by the Chamber of Commerce Tourism Committee who • will recommend Hotel/Motel event funding for FY 20012002. Gisele Schaefer, Chair of the Round Rock Chamber of Commerce Tourism Committee outlined the Committee's recommendations for funding. She noted that the Committee received 13 requests for funding,which total $86,400.00. She added that these events would help promote Round Rock In addition,the Committee wishes to conduct additional advertising if there are any funds left over. Councilmember Pitt encouraged the Chamber of Commerce to think in a broader range regarding Tourism in that they go out and recruit events for Round Rock. PUBLIC HEARINGS: 12.A1. Consider public testimony concerning the adoption of the proposed 2001-02 • Operating Budget for the City of Round Rock. David Kautz, Finance Director 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 32.207cent property tax rate and no change to the water,wastewater or garbage rates. This budget maintains levels of service for a growing population at competitive rates while adhering to prudent financial policies. 2: 6_ SEPTEMBER 13,2001 Mr. Kautz gave an overview of the proposed Operating Budget. A through presentation was given during the Town Hall Meeting portion of this agenda. Mayor Stluka opened the public hearing. Theresa Bullard, 4118H Williams Drive, spoke on the request for funding from the Williamson County Crisis Center. She asked for the Council's support of the Crisis Center's • request. Gary Davidson, 3009 Hill Street, spoke on the request for funding for a Sonakali Gardens and Zoological Preserve. He noted that the request was for$113,000 and 100+acres of land but he is now asking the Council to disregard the request for the funding and is only requesting the use of City land. There being no further testimony, the public hearing was closed. 12.A.2. Consider public testimony concerning the adoption of the proposed 2001 property tax rate for the City of Round Rock. David Kautz, Finance Director made the staff presentation. The proposed Operating Budget for fiscal year 200102 is balanced at a tax rate of 32.207 cents per$100 of appraised taxable value. While this rate is less than last year's tax rate of 33.031 cents, it is 6.9%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 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. Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. 12.B.1. Consider public testimony concerning designating 14.316 acres of land, being all of the DPI Subdivision in Round Rock, Texas as Reinvestment Zone No. 19A. Joe Vining, Planning Director made the staff presentation. The reinvestment zone for DuPont that was created on April 25, 1996 and after a period of five years it expired on April 25, 2001. As • required by state law a new zone must be designated to allow DuPont to participate in an additional tax abatement agreement. This public hearing is required in the process to re-designate the reinvestment zone for DuPont so they can participate in an additional tax abatement agreement. SEPTEMBER 13, 2001 Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. 12.C.1. Consider public testimony concerning the proposed uses of Federal Local Law Enforcement Block Grant funds. Paul Conner, Chief of Police made the staff presentation. This hearing is being conducted to gather public input for the proposed use of$24,983 the City • received through the Local Law Enforcement Block Grant program. The Advisory Board representing law enforcement,prosecution, the courts, education, and the community reviewed and approved the proposed purchases,which the City will match. During the past two years,these grant funds have been used for computer and protective equipment. This year, the proposed purchase plan includes traffic counters and radar equipment for the Department's traffic enforcement efforts, as well as an internal messaging system to improve internal communications.. Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. Mayor Stluka dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following item. • 15.E.3. Consider a resolution calling the November 6, 2001 G.O. Bond Election. Carol Polumbo of McCall,Parkhurst&Horton, the City's Bond Counsel, made the staff presentation. This resolution calls a General Obligations Bond Election for November 6, 2001 and outlines all the provisions for conducting the election. The City will have four propositions on the ballot as follows: Proposition No. 1 - The issuance of$41,500,000 tax bonds for City streets, drainage and sidewalks. Proposition No. 2 -The issuance of$17,300,000 tax bonds for City parks and related projects including Recreation Center and Senior Citizen Center. Proposition No. 3 -The issuance of$12,200,000 tax bonds for police and fire facilities. • Proposition No. 4- The issuance of$18,800,000 tax bonds for Municipal Office Campus Phase II, southwest downtown area infrastructure and Public Works building expansion. RESOLUTION NO. RESOLUTION CALLING A BOND ELECTION FOR NOVEMBER 6, 2001; MAKING PROVISION FOR CONDUCTING THE ELECTION; AND RESOLVING OTHER MATTERS RELATED TO SUCH ELECTION THE STATE OF TEXAS ' COUNTIES OF TRAVIS AND WILLIAMSON ' CITY OF ROUND ROCK 281, SEPTEMBER 13, 2001 WHEREAS, pursuant to the provisions of Chapter 1251, Texas Government Code, as amended, the Texas Election Code, as amended, and other related statutes the City Council of the City of Round Rock, Texas (the "City") is authorized to call an election in order to submit to the voters of the City various propositions regarding the issuance of general obligation bonds; and WHEREAS, the City Council deems it advisable to call a bond election for the propositions hereinafter stated; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution is being adopted was open to the public, and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Government Code, as amended. • THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT: Section 1. ELECTION DATE, POLLING PLACES AND ELECTION JUDGES An election shall be held in the City as prescribed by applicable law between the hours of 7:00 A.M. and 7:00 P.M. on November 6, 2001. The City election precincts and polling places within the City designated for holding the election are identified in Exhibit "A" to this Resolution and this exhibit is incorporated by reference for all purposes. The Williamson County Voter Registrar is conducting a joint election for the City pursuant to the terms of a Joint Election Agreement. The City shall appoint election judges and clerks in accordance with the Texas Election Code. Section 2. ELECTION CLERKS. The Presiding Judge shall appoint not less than two nor more than five resident qualified electors to act as clerks to properly conduct the election. However, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointment of such clerks must include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge. Section 3. EARLY VOTING. Early voting shall be conducted at the main early voting polling place, located at the Williamson County Courthouse, 710 Main Street, Georgetown, Texas 78626. Early voting shall also be conducted at the branch and part-time early voting polling places identified in Exhibit "B" to this Resolution, and this exhibit is incorporated by • reference for all purposes. These offices or places shall remain open on the dates and at the times set forth in Exhibit "B" hereto. John Willingham is hereby appointed as the Early Voting Clerk. Early voting shall commence on the 17th day before the election and continue through the 4th day preceding the date of the election all as provided by the provisions of the Texas Election Code and Exhibit "B" attached hereto. The Early Voting Clerk's mailing address to which ballot applications and ballots to be voted by mail may be sent is P. O. Box 209, Georgetown, Texas 78627. Section 4. EARLY VOTING BALLOT BOARD. An early voting ballot board is hereby created to process early voting results, and Susie Stublar is hereby appointed the Presiding Judge of the board. The Presiding Judge shall appoint not less than two resident nor more than eighteen qualified electors to serve as members of the Early Voting Ballot Board. Section 5. VOTERS. All resident, qualified electors of the City shall be entitled to vote at the election. Section 6. NOTICE. A substantial copy of this Resolution shall serve as a proper notice of the election. This notice, including a Spanish translation thereof, shall be posted at three (3) public places within the City and the City Hall not less than twenty-one (21) days prior to the date the election is to be held, and be published on the same day in each of two (2) successive weeks in the Round Rock Leader, a newspaper of general circulation in the City, the first of these publications to appear in such newspaper not more than thirty (30) days, and not less than fourteen(14) full days prior to the day of the election. Section 7. VOTING DEVICES. Electronic optical scan voting devices may be used in • conducting the election. The Williamson County Voter Registrar may also utilize a central counting station as provided by Section 127.000 et seq., as amended, Texas Election Code. Section 8. PROPOSITIONS. At the election, the following PROPOSITIONS shall be submitted in accordance with law: PROPOSITION NO. 1 Shall the City Council of the City of Round Rock, Texas, be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of$41,500,000 with the bonds of each such series or issues,respectively, to mature serially within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, in accordance with law at the time of issuance, for the purpose of constructing, improving, extending, expanding, upgrading and/or 2 J,, SEPTEMBER 13, 2001 developing city streets, bridges and intersections including, utility relocation, sidewalks, traffic safety and operational improvements,the purchase of any necessary right-of-way, drainage improvements and other related costs; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay the bonds at maturity? PROPOSITION NO. 2 Shall the City Council of the City of Round Rock, Texas, be authorized to issue the bonds of the • City, in one or more series or issues, in the aggregate principal amount of$17,300,000 with the bonds of each such series or issues,respectively, to mature serially within not to exceed forty years from their date, and to be sold at such pricesand bear interest at such rates, as shall be determined within the discretion of the City Council, in accordance with law at the time of issuance, for the purpose of constructing, acquiring, improving, renovating, equipping, and/or developing land and buildings for City park and recreational purposes including parkland, scenic easement, trail acquisition,pedestrian and bike trail improvements, a recreation center and a senior citizen center; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay the bonds at maturity? PROPOSITION NO. 3 Shall the City Council of the City of Round Rock, Texas,be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of$12,200,000 with the bonds of each such series or issues,respectively, to mature serially within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, in accordance with law at the time of issuance, for the purpose of constructing, improving, renovating and equipping City police and fire department facilities including the acquisition of necessary sites; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said bonds and • provide a sinking fund to pay the bonds at maturity? PROPOSITION NO. 4 Shall the City Council of the City of Round Rock, Texas, be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of$18,800,000 with the bonds of each such series or issues, respectively, to mature serially within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, in accordance with law at the time of issuance, for the purpose of constructing, improving, renovating, expanding and equipping Municipal Office Campus Phase II and Public Works Building expansion including acquisition of necessary sites and related water, wastewater, drainage, streets, sidewalks and parking infrastructure; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay the bonds at maturity? Section 9. OFFICIAL BALLOTS. The official ballots for the election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "YES" or "NO" on the PROPOSITIONS with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITIONS to be expressed substantially as follows: PROPOSITION NO. 1 THE ISSUANCE OF $41,500,000 TAX BONDS FOR CITY STREETS,DRAINAGE AND SIDEWALKS. • YES ( ) SHALL THE ABOVE DESCRIBED BOND ISSUE BE ADOPTED? NO ( ) PROPOSITION NO. 2 THE ISSUANCE OF $17,300,000 TAX BONDS FOR CITY PARKS AND RELATED PROJECTS INCLUDING RECREATION CENTER AND SENIOR CITIZEN CENTER. YES ( ) SHALL THE ABOVE DESCRIBED BOND ISSUE BE ADOPTED? NO ( ) 3 SEPTEMBER 13, 2001 PROPOSITION NO. 3 THE ISSUANCE OF $12,200,000 TAX BONDS FOR POLICE AND FIRE FACILITIES. YES ( ) SHALL THE ABOVE DESCRIBED BOND ISSUE BE ADOPTED? NO ( ) PROPOSITION NO. 4 THE ISSUANCE OF $18,800,000 TAX BONDS FOR MUNICIPAL • OFFICE CAMPUS PHASE II, SOUTHWEST DOWNTOWN AREA INFRASTRUCTURE AND PUBLIC WORKS BUILDING EXPANSION. YES ( ) SHALL THE ABOVE DESCRIBED BOND ISSUE BE ADOPTED? NO ( ) Section 10. TEXAS ELECTION CODE. In all respects the election shall be conducted in accordance with the Texas Election Code. Section 11. RESULTS. The Williamson County Voter Registrar shall conduct an unofficial tabulation of results after the closing of the polls on November 6, 2001. The official canvass and tabulation of the results of the Special Election shall be conducted by the City Council at a Special Council Meeting in accordance with the Election Code. Section 12. PROVISIONS. The provisions of this Resolution are severable; and in case any one or more of the provisions of this Resolution or the application thereof to any person or circumstance should be held to be invalid, unconstitutional, or ineffective as to any person or circumstance, the remainder of this Resolution nevertheless shall be valid, and the application of any such invalid provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. Exhibit "A" • WILLIAMSON COUNTY ELECTION PRECINCTS POLLING LOCATIONS IN CITY OF ROUND ROCK PRECINCT LOCATION ADDRESS Williamson County Election Precinct 119 Old Town Elementary 2200 Chaparral Dr.,RR For the portion of Williamson County Election Precinct 122 located within the City Round Rock High School 300 Lake Creek Dr.N.,RR For the portion of Williamson County Election Precinct 135 and Temporary Election Precinct 225 located within the City Bluebonnet Elementary 1010 Chisholm Valley Dr.,RR Williamson County Election Precinct 137 St.William's Parish Hall 1000 McNeil Rd,RR For the portion of Williamson County Election Precinct 138 located within the City Chisholm Trail Middle School 500 Oakridge Dr.,RR For the portion of Williamson County Election Precinct 149 located within the City Williamson County Annex 211 Commerce Cove,RR Williamson County Election Precincts 150 and 172 First Baptist Church 306 Round Rock Ave.,RR For the portion of Williamson County Election Precinct 382 located within the City Round Rock Presbyterian Church 4010 Sam Bass Rd,RR Williamson County Election Precinct 423 Church of Christ 1200 Georgetown St.N.,RR For the portion of Williamson County • Election Precinct 424 located within the City Round Rock Fire Dept.#4 3300 Gattis School Rd,RR For the portion of Williamson County Election Precinct 436 located within the City Robertson Elementary 1415 Bayland Street,RR Williamson County Election Precinct 455 Voigt Elementary 1201 Cushing Drive,RR For the portion of Williamson County Election Precinct 463 located within the City Fellowship Forest Creek Church 3379 Gattis School Rd,RR For the portion of Williamson County Election Precinct 480 and Temporary Election Precinct 202 located within the City Gattis Elementary 2920 Round Rock Ranch Blvd.,RR For the portion of Williamson County Election Precinct 484 located within the City Caldwell Heights Elementary 4010 Eagles Nest,RR EXHIBIT B SEPTEMBER 13, 2001 EARLY VOTING LOCATIONS AND TIMES EARLY VOTING SCHEDULE EARLY VOTING FULL-TIME POLLING LOCATIONS At All Full-Time Locations Main Courthouse ) M-F Oct 22-2 Main Location) 6 Sam-Spm 710 Main Sat Oct 27 7 am-7 pm Georgetown,TX Sun Oct 28 Noon-5 pm (Comm Pct 3) M-F Oct 29 -Nov 2 7 am-7 pm • Branch Locations: Round Rock Public Library System Clay Madsen Recreation Center Robert G. and Helen Griffith Building 1600 Gattis School Road 216 East Main Street Round Rock,TX 78664 Round Rock,TX 78664 (Comm Pct 4) (Comm Pct 1) Round Rock ISD Admn Building Taylor Annex (Red River Room) 412 Vance 1311 Round Rock Ave Taylor,TX 78574 Round Rock,TX 78681 (Comm Pct 4) (Comm Pct 1) Cedar Park City Hall Lakeline Mall 600 N.Bell Blvd. Mervyn's Court Cedar Park,TX 78613 11200 Lakeline Mall Drive (Comm Pct 2) Cedar Park,TX 78613 Comm Pct 2) Brushy Creek MUD Office Brookshire Brothers 901 Great Oaks 3010 Williams Drive • Round Rock,TX 78681 Georgetown,TX 78628 (Comm Pct 3) (Comm Pct 3) SCHEDULE FOR EARLY VOTING PART-TIME LOCATIONS PART-TIME EARLY VOTING LOCATIONS Sun City Social Center Sat Oct 27 7 am- 7 pm 2 Texas Drive Sun Oct 28 Noon- 5 pm Georgetown,TX 78628 W-Fri Oct 31 -Nov 2 7 am- 7 pm (Comm Pct 3) Florence City Hall Fri Oct 26 11 am- 6 pm 304 E.Main Florence,TX (Comm Pct 3) Leander City Hall Mon Oct 29 l l am-6 pm 200 Willis Street W Leander,TX (Comm Pct 2) Granger City Hall Tues Oct 30 11 am- 6 pm 214 East Davilla • Granger,TX . (Comm Pct 4) County Annex Building at Liberty Hill Wed Oct 31 11 am- 6 pm 3407 RR 1869 (1869 W and Loop 332) Liberty Hill,TX (Comm Pct 2) Thrall City Hall Thurs Nov 1 11 am- 6 pm 102 S Main Street Thrall,TX (Comm Pct 4) 3: 2: SEPTEMBER 13, 2001 Jarrell Fire Hall Fri Nov 2 11 am- 6 pm 212 N 5th Street Jarrell,TX (Comm Pct 3) MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. CONSENT AGENDA: The following items were considered to be routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items. Item 15.17.4. was pulled from the consent agenda and addressed in the normal sequence of the agenda. *14.A.1. Consider an ordinance designating the dates for the regular Council meetings in December as the first and third Thursdays. (First Reading) *14.F.1. Consider an ordinance designating the intersection of St. Williams Drive and Lime Rock Drive as an all way stop intersection. (Second Reading) *14.F.2. Consider an ordinance designating a portion of Plantation Drive as a school speed zone. (Second Reading) *14.F.3. Consider an ordinance establishing a speed zone on Hester's Crossing from the IH35 Southbound Frontage Road to CR 172. (Second Reading) *15.D.3. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Exxon Mobil Corporation for right of way for the SH 45 roadwayproject. *15.E.4. Consider a resolution authorizingthe he Mayor to execute an Election Services Agreement with Williamson County for the November 6, 2001 Election. • *15.F.3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Alliance Texas Engineering Company, Inc for traffic signal warrant studies and traffic signal designs at the intersections of Mays Street and Old Settlers Boulevard and Mays Street and Texas Avenue. 3_;3 SEPTEMBER 13,2001 *15.F.4. Consider a resolution authorizing the Mayor to execute an Additional Services Authorization with Baker-Aicklen&Associates, Inc. for the design of roadwU iMprovements on CR 122 from Forest Creek Drive to Brushy Creek. This item was withdrawn from the consent agenda. *15.F.5. Consider a resolution authorizingthe to execute an Additional Services • Authorization with Baker-Aicklen&Associates, Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane. *15.F.8. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Carter&Burgess, Inc. for redesign construction plans for US 79 from CR 195 to CR 122. *15.F.9. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Contract for Engineering Services with Carter&Burgess, Inc. for the preparation of plans, specifications, and estimates for 1.5 miles of additional illumination of US 79 from CR 195 to FM 1460. *15.F.13. Consider a resolution authorizing the Mayor to execute a Contract with • Benitez Construction, Inc. for the Distribution System Pressure Improvements, High Country P.R.V. Station and IV6 and IV7 Bypass. *15.F.14. Consider a resolution authorizingthe e Mayor to execute an inspection proposal with HOT Inspection Services, Inc. for inspection services for the South 81 Elevated Storage Tank project. MOTION: Councilmember Palmer moved to approve all the remaining items on the consent agenda. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe • Mayor Stluka Noes: None ACTION: The motion carried unanimously. *14.A.1. Consider an ordinance designating the dates for the regular Council meetings in December as the first and third Thursdays. (First Reading] SEPTEMBER 13, 2001 MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance (Item 14.A.1.)with the unanimous consent of all the Councilmembers. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer • Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. ORDINANCES: *14.A.1. Consider an ordinance designating the dates for the regular Council meetings in December as the first and third Thursdays. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1001, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, SETTING THE DAYS FOR THE REGULAR MONTHLY MEETINGS OF THE ROUND ROCK CITY COUNCIL FOR THE MONTH OF DECEMBER; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING • CONFLICTING ORDINANCES OR RESOLUTIONS. 14.B.1. Consider an ordinance determining the public necessity for the acquisition of 0.246 acres, 0.295 acres, 0.155 acres, 0.126 acres, and 0.248 acres, 0.099 acres, and 0.091 acres of land for the County Road 122 project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. (First Reading,). Steve Sheets, City Attorney made the staff presentation. This process is necessary for the widening of County Road 122 which will accommodate increased traffic on County Road 122 and will improve safety. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION IN FEE SIMPLE OF APPROXIMATELY 0.246 ACRES, 0.295 ACRES, 0.155 ACRES, 0.126 ACRES, • 0.248 ACRES, 0.099 ACRES, AND 0.091 ACRES, AND, GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO WIDEN, ENLARGE AND MAINTAIN COUNTY ROAD 122, AND PERFORM ASSOCIATED PUBLIC PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY,ATTORNEY TO FILE PROCEEDINGS IN EMINET DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Palmer seconded the motion. SEPTEMBER 13,2001 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • MOTION: Councilmember Palmer moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.C.1. Consider an ordinance approving and adopting the proposed 200102 Operating Budget for the City of Round Rock. (First Reading) David Kautz, Finance Director 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 32.207 cents property tax rate. This rate is below last year's rate of 33.031 cents but is above the effective rate of 30.103 cents. The effective rate would generate the same amount of tax from properties on the tax roll this year that was also on the roll last year. No changes are planned for the garbage rate or the water/wastewater rates. The Operating Budget provides improved levels of service for a growing community at,competitive tax and utility rates while adhering to the City's financial polices. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING • SEPTEMBER 30, 2002, 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 Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan SEPTEMBER 13,2001 Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.C.2. Consider an ordinance adopting the proposed 2001 property tax rate for the City of Round Rock. (First Reading) David Kautz,Finance Director made the staff presentation. The proposed Operating Budget for fiscal year 2001-02 is balanced at a tax rate of 32.207 cents per • $100 of appraised taxable value. While this rate is less than last year's tax rate of 33.031 cents, it is 6.9%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 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. 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 2001. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember McGraw • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Coe Mayor Stluka Noes: Councilmember Gallahan ACTION: The motion carried with 6 ayes and 1 no. 14.D.1. Consider an ordinance concerning desianating 14.316 acres of land,beingall ll of the DPI Subdivision in Round Rock, Texas as Reinvestment Zone No. 19A. (DuPont Photomasks, Inc.) (First Reading) A public hearing was held for this item earlier in the meeting. Reinvestment zone for DuPont was created on April 25, 1996, and expired on April 25, 2001. A new zone must be designated to allow DuPont to participate in an additional tax abatement • agreement. ORDINANCE NO. AN ORDINANCE DESIGNATING A 14.316 ACRE TRACT OF LAND, BEING ALL OF THE DPI SUBDIVISION, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS REINVESTMENT ZONE NO. 19A FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT, CITY OF ROUND ROCK, TEXAS, ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO. 3 7 SEPTEMBER 13, 2001 MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan • Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Palmer moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • 14.E.1. Consider an ordinance establishing a NoParking, towaway zone on a portion of Lamar Drive. (First Reading) Paul Conner, Chief of Police made the staff presentation. This ordinance will ensure safe egress to the roadway for Fire Department vehicles responding to emergency calls. Lamar Drive is a primary point of egress for the Round Rock Fire Department and EMS as they respond from the Central Station to emergency service calls in the northeast part of the City. The safety of this route has been hampered seriously by vehicles that frequently are parked on both sides of Lamar Drive, effectively narrowing the roadway enough to block the travel of emergency vehicles. The proposed ordinance would make it unlawful to park and designate a vehicle tow away zone on the east side of Lamar Drive between Old Settlers and Commerce Boulevards. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, TEXAS BY ADDING A NEW SECTION TO MAKE IT UNLAWFUL FOR PERSONS TO PARK A VEHICLE ON THE EAST SIDE OF LAMAR DRIVE BETWEEN OLD SETTLERS BOULEVARD AND COMMERCE BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember McGraw seconded the motion. SEPTEMBER 13,2001 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.E.2. Consider an ordinance amending Section 9.2100 of the Round Rock Code of Ordinances regarding Abandoned and Junked Vehicles. (First Reading) Paul Conner, Chief of Police made the staff presentation. This amendment updates the ordinance to bring it in line with changes in Texas law. The current ordinance regulating abandoned and junked vehicles has become outdated as a result of changes in Texas Law since the original ordinance was adopted. Generally, the proposed changes expand the existing ordinance to: (1) cover watercraft and outboard motors; (2)provide authority to take abandoned vehicles into custody; (3) change the legal definition of abandoned, "junked,"motor, and antique vehicles; and (4) adding provisions allowing for the personal delivery of notice in junked vehicle cases. These changes should insure that our ordinance complies with the state laws going into effect on September 1st. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.2100, CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, TEXAS TO CONFORM SUBSECTION 9.2101, 9.2103 (1), 9.2103(3), 9.2103 (4) AND 9.2103(6), REGULATING ABANDONED MOTER VEHICLES AND JUNKED VEHICLES, TO THE LAWS OF THE STATE OF TEXAS GOVERNING ABANDONED MOTER VEHICLES, WATERCARFT AND OUTBOARD MOTORS AND JUNKED VEHICLES;- PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES FOR RESOLUTIONS. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka • Noes: None ACTION: The motion carried unanimously. *14.F.1. Consider an ordinance designating the intersection of St. Williams Drive and Lime Rock Drive as an all-way stop intersection. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. 3 9, SEPTEMBER 13, 2001 AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF ST. WILLIAMS DRIVE AND LIME ROCK DRIVE AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *14.F.2. Consider an ordinance designating a portion of Plantation Drive as a school speed zone. (Second Reading) This item was approved under the consent agenda. It establishes a • 20MPH school speed zone between the hours of 7:15 A.M. to 8:15 A.M. and between 2:30 P.M. to 3:30 P.M. on school days. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9,;,SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS DESIGNATING A PORTION OF PLANTATION DRIVE AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *14.F.3. Consider an ordinance establishing a speed zone on Hester's Crossing from the IH35 Southbound Frontage Road to CR 172. (Second Reading)This item was approved under the consent agenda. It establishes a 35MPH speed zone from the IH35 southbound frontage road to 200 feet west of Kouri Avenue and a 45MPH speed zone from 200 feet west of Kouri Avenue to County Road 172. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS ESTABLISHING A SPEED ZONE ON HESTERS CROSSING FROM THE IH-35 SOUTHBOUND FRONTAGE ROAD TO COUNTY ROAD 172; PROVIDING FOR A SAVINGS CLUASE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 14.F.4. Consider an ordinance amendingthe he Impact Fees Ordinance to comply with the provisions of Senate Bill 243. (First Reading) Jim Nuse,Director of Public Works made the staff presentation. Beginning on September 1, 2001 the Cit shall assess and collect on all new g g p Y development and/or new connections to be served by the City's water system a Water Impact Fee of$1,741 for each LUE and Wastewater Impact Fee of$1,187. This is in compliance with the new terms of Senate Bill 243,which allows the City to charge up to 50% of the maximum fee • determined by the study. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.204, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING THE AMOUNT OF THE WATER AND WASTEWATER IMPACT FEES AND THE TIME IMPACT FEES ARE ASSESSED AND DUE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 4 0, SEPTEMBER 13, 2001 MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe • Mayor Stluka Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 15.A.1. Consider a resolution establishing the position of Deputy Fire Chief. Teresa S. Bledsoe,Human Resources Director made the staff presentation. This new position will serve as second in command and will provide professional and technical staff assistance to the Fire Chief and other department staff. It is a hands-on position that will develop, implement and administer programs and projects to ensure the continued quality of municipal fire services and facilities through the effective use of resources. RESOLUTION NO. i WHEREAS, there is a need to create a position within the Fire Department immediately below the position of Fire Chief; and WHEREAS,there is a need to describe the general duties attendant to such position, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That a new position within the Fire Department of the City of Round Rock, Texas, is hereby created, and the title of such position shall be Deputy Fire Chief. That such position shall serve as second in command to the Fire Chief, and shall provide professional and technical staff assistance to the Fire Chief and other department staff. That the holder of such position will develop, implement and administer programs and projects to ensure the continued quality of municipal fire services and facilities through the effective use of resources. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September, 2001. ROBERT A. STLUKA, JR., Mayor • ATTEST: City of Round Rock, Texas JOANNE LAND, 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 -T 1 SEPTEMBER 13, 2001 Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 15.B.1. Consider a resolution authorizing the Mayor to execute a Memorandum of • Understanding Relating to the ITS Integration Program with the Texas Department of Transportation and Williamson County. Paul Conner, Chief of Police made the staff presentation. The TxDOT Austin District has deployed freeway corridor, traffic management systems as part of a strategic Intelligent Transportation System (ITS) early deployment plan along the IH 35 and US 183 corridors. ITS employs computer controlled video cameras, illuminated signs, and lane closure signals to respond rapidly to changing highway conditions such as major accidents or hazardous materials spills. Dispatchers would be able view scenes within the cameras' view,which would increase dispatch-efficiency, and TXDOT would receive quicker notification of incidents to which it would need to respond. The County and the City each use modern computer aided dispatch(CAD) systems to respond to reported incidents. • Although undeniably linked by common transportation corridors, integration between these systems is limited to telephone technology. However, each jurisdiction has a need to be aware of roadway incidents inside the boundary of the other in a more efficient manner to plan a timely and appropriate response. This project proposes to integrate existing Williamson County's CAD and a new Round Rock CAD systems with an existing TxDOT advanced traffic management system(ATMS). Integration with ATMS will provide each area with the information needed to provide a timely and appropriate roadway incident response, especially at jurisdictional boundaries. TxDOT will act as lead agency coordinating the integration of Williamson County and Round Rock emergency management systems. TxDOT will provide the required local match with funds and services from Williamson County and the City of Round Rock as they become available. Tasks to integrate Round Rock CAD can begin once a contract is awarded to a CAD • vendor expected in November 2001. Integration tasks last 18 months. There is no bottom p �' may line cost to the City, though there will be some upfront costs for which the City will be reimbursed by TxDOT which is $80,000. 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 4 2 SEPTEMBER 13, 2001 WHEREAS, the City of Round Rock wishes to enter into a Memorandum of Understanding Relating to the ITS Integration Program ("Memorandum") with the State of Texas, acting through the Texas Department of Transportation (TxDOT), to integrate the City's Computer-Aided Dispatch System with TxDOT's Intelligent Transportation System Program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Memorandum, a copy of same being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting • was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: , JOANNE LAND, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 15.C.1. Consider a resolution authorizingthe to enter into a Friendly Rock Program Agreement with the Round Rock Serving Center to administer the funds generated by the Friendly Rock Program. David Kautz,Finance Director made the staff presentation. The City developed the Friendly Rock program in 1994 wherein the City's utility customers may contribute funds to customers having difficulty in making municipal utility payments. The Round Rock Community Services Council has formerly administered the donated funds for the City but is no longer able to function in this capacity. Currently, 83 customers are donating funds on a periodic basis in this program with annual contributions approximating $1,000. 120 people were assisted with their municipal utility bills in the most recent 12month period. The United • Way has helped identify the agency suited for administering this program Provides financial assistance for payment of municipal utility bills to those customers in need of such assistance. RESOLUTION NO. WHEREAS, the City of Round Rock recognizes the need for providing charitable assistance to citizens in financial distress and physical distress including the poor, the disabled, 41 SEPTEMBER 13, 2001 the sick, and the disadvantaged to meet municipal utility related costs essential to health and welfare; and WHEREAS, to provide for such assistance, the City of Round Rock has developed a program known as the Friendly Rock Program to supplement community aid programs for municipal utility related goods or services; and WHEREAS, the City of Round Rock wishes to enter into an agreement with the Round Rock Serving Center to administer the funds generated by the Friendly Rock 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 of Round Rock an Agreement with Round Rock Serving Center to administer the funds generated by the Friendly Rock Program to provide charitable assistance for municipal utility related costs, a copy of said Agreement being attached hereto as Exhibit"A." The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at:all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED, this 13th day of September, 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 15.C.2. Consider a resolution authorizing the Mayor to execute an Agreement for Six (6) Month Extension of Depository and Banking Services Contract with Chase Manhattan Bank. David Kautz,Finance Director made the staff presentation. The City's Depository Bank handles all of the City's banking transactions in accordance with a multiyear Depository Contract Depository Services cost approximately$36,000 per year A six-month extension of the • Depository Contract will allow the City to bid for banking services during a time of year when fewer local governments are bidding for banking services, thus improving responses to the City's bid invitation. This is beneficial to both the banks and the City,potentially improving depository services costs. Chase Manhattan has agreed to maintain the current fees and rates throughout this extension period. RESOLUTION NO. SEPTEMBER 13, 2001 WHEREAS, the City, on September 12, 1997 entered into a Depository and Banking Services Contract with Texas Commerce Bank N.A., said Contract having a term beginning on October 1, 1997 and terminating on September 30, 2000; and WHEREAS, Chase Bank of Texas, N.A. (formerly known as Texas Commerce Bank N.A.) merged with and into The Chase Manhattan Bank during the term of said Depository and Banking Services Contract; and WHEREAS, by virtue of said merger, The Chase Manhattan Bank assumed all of the rights and obligations of Texas Commerce Bank N.A. provided for in said Depository and Banking Services Contract; and WHEREAS, paragraph III of said Contract authorizes the parties to extend the existing • Depository and Banking Services Contract, by mutual agreement, for a period not to exceed the period allowed by the City's Comprehensive Investment Policy, said allowed period being five (5) years; and WHEREAS, the City, on September 28, 2000 did so enter into an Agreement for One (1) Year Extension of Depository and Banking Services Contract, so that the term of said Contract would expire on September 30, 2001; and WHEREAS, the City and Chase Manhattan Bank now desire to extend the previously- extended Depository and Banking Services Contract for a period of an additional six (6) months, so that the term of said Contract shall expire on March 31, 2002; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Six (6) Month Extension of Depository and Banking Services Contract with The Chase Manhattan Bank, a copy of same attached hereto as Exhibit"A". The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 2001. • ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 15.C.3. Consider a resolution authorizingthe e Mayor to execute a Financing Program • Agreement with Wells Fargo Brokerage Services LLC to lease/purchase various equipment David Kautz, 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 fiscal year totals $1,000,000, financed at an effective interest 4. 5�, SEPTEMBER 13,2001 rate of 3.69%, has a three-year amortization and is included in the operating budget. This lower borrowing cost frees up operating cash for other operating and capital equipment needs. 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, Wells Fargo Brokerage Services, L.L.C. 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 Wells Fargo Brokerage Services, 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, subject to the City Manager's and City Attorney's approval of the final language and terms, a financing program agreement with Wells Fargo Brokerage Services, L.L.C., 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 13th day of September, 2001. ROBERT A. STLUKA, JR., Mayor ATTEST: City of Round Rock, Texas JOANNE LAND, City Secretary • MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 15.D.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with QRS 1129 (Tx.), Inc. for right-of-way for the SH 45 roadway project. Steve Sheets, City Attorney made the staff presentation. This contract with QRS 1129 is for the acquisition of right- of-way for the SH45 project. On October 26, 2000, the Council approved an ordinance is determiningthe need and necessity for this acquisition. The cost is 40 000 and the Appraised t q $ pp Value is $30,555. This acquisition will increase the mobility in the south quadrant of the City. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.061 acre tract of land for additional right-of- way for the SH 45 Roadway Project, and WHEREAS, QRS 11-29 (Tx.), Inc., the owner of the property, has agreed to sell said property to the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, SEPTEMBER 13, 2001 That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with QRS 11-29 (Tx.), Inc., 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 13th day of September, 2001. • ROBERT A. STLUKA, JR., Mayor ATTEST: City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 15.D.2. Consider a resolution authorizing the MUor to execute a Real Estate Contract • with RS Shopping Center, Ltd. for right-of-way for the S. MUs extension project. Steve Sheets, City Attorney made the staff presentation. This contract with RS Shopping Center is for the acquisition of right-of-way for the South Mays extension project. The cost is $400,000 and the appraised value is $330,665. This acquisition will increase the mobility in the south quadrant of the City. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.71 acre tract of land for additional right-of- way for the S. Mays Extension Project, and WHEREAS, RS Shopping Center, Ltd., the owner of the property, has agreed to sell said property to the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with RS Shopping Center, Ltd., for the purchase of the above described • property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 2001. ROBERT A. STLUKA, JR., Mayor ATTEST: City of Round Rock, Texas 4, 7: SEPTEMBER 13,2001 JOANNE LAND, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *15.D.3. Consider a resolution authorizingthe e Mayor to execute a Real Estate Contract with Exxon Mobil Corporation for right-of-way for the SH 45 roadway_project. This item was approved under the consent agenda. This contract is for$4,205.38. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.013 acre tract of land for additional right-of- way for the SH 45 Roadway Project, and WHEREAS, Exxon Mobil Corporation, 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 Exxon Mobil Corporation, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit AAe and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September, 2001. 15.E.1. Consider a resolution establishing an Economic Development Program with DPT (US), Inc. Bob Bennett, City Manager made the staff presentation. The establishment of this Program is the first step in approving the agreement with DPT,whereby it will locate its Flat Panel Display service facility in the City. Staff has been working with Display Products Technology Limited(DPT) since July 2001 regarding the locating of a new facility in Round • Rock. DPT based in Scotland also has operations in California Texas Taiwan and Ireland and p , is the world's leading service provider in the Flat Panel Display market, in terms of both revenue and volume. This company fits well with the City's business recruitment and in helping diversify the employment base,property tax base and sales tax base. Initially,this facility will employ approximately 190 employees who are trained with specialized skills. This company and this industry are positioned for growth and will add new basic jobs, property tax, and sales tax to the SEPTEMBER 13, 2001 community as well as non-basic jobs. The terms of the §380.001 Program Agreement to be offered to DPT in exchange for DPT locating its needed expansion facilities to the City of Round Rock are as generally outlined below. 1. DPT agrees to locate a service facility in the City from which DPT will provide additional tax base for the City as well as employment opportunities for area residents. 2. In consideration of the foregoing, the City agrees to assist DPT in providing job • training to employees by making a Program Payment of $600.00 for each new employee over and above the base number of employees. 3. The base number of employees will be no less than 200. 4. The term of the Program Agreement will be for five (5) years. 5. DPT agrees to submit to the City data in sufficient detail to determine the number of employees employed by DPT for which it'is entitled to a Program Payment. 6. In the event that DPT shall relocate or expand its business to another location outside of the City so that the direct or indirect result is that Employees' jobs are eliminated, then DPT agrees to refund the City a sum equal to $600.00 for each job eliminated. RESOLUTION NO. WHEREAS, DPT (US), Inc., ("DPT") is the world's leading service provider in the Flat Panel Display market, and WHEREAS, DPT is in need of expanding its facilities to accommodate expected growth in its business, and • WHEREAS,DPT has expressed to the City of Round Rock ("City") its desire to maintain its strong competitive position in its business by entering into a mutually beneficial economic development program with the City, and WHEREAS, §380.001 Local Government Code provides that a municipality may establish an economic development program ("Program") to promote local economic development and to stimulate business and commercial activity in the municipality, and WHEREAS, the City Council has determined that the Program described in Exhibit "A" will meet the goals set forth in said §380.001 and will be of mutual benefit to both parties, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT The City Council hereby offers to establish a §380.001 Program as generally outlined in Exhibit"A"in exchange for DPT locating its needed expansion facilities in 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 13th day of September, 2001. ROBERT A. STLUKA, JR., Mayor • ATTEST: City of Round Rock, Texas JOANNE LAND, 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 SEPTEMBER 13, 2001 Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 15.E.2. Consider a resolution authorizingthe e Mayor to enter into an Economic • Development Program with DPT(US), Inc. Bob Bennett, City Manager made the staff presentation. The proposed agreement provides that the City grant training funds for new employees over a base number. Staff has been working with Display Products Technology Limited(DPT) since July 2001 regarding the locating of a new facility in Round Rock. DPT is the world's leading service provider in the Flat Panel Display market, in terms of both revenue and volume. This company fits well with the City's business recruitment and in helping diversify the employment base. RESOLUTION NO. WHEREAS, the City of Round Rock has established an Economic Development Program, and WHEREAS, DPT (US), Inc., ("DPT") desires to participate in the Economic Development Program by entering 'into an Economic Development Program Agreement • ("Agreement"), and WHEREAS, the City Council desires to enter into said agreement with DPT, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, an Economic Development Program Agreement with DPT, 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 September, 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary • MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None 5 04z SEPTEMBER 13, 2001 ACTION: The motion carried unanimously. 15.E.3. Consider a resolution calling the November 6, 2001 G.O. Bond Election This item was addressed earlier in the meeting. *15.E.4. Consider a resolution authorizing the Mayor to execute an Election Services Agreement with Williamson County for the November 6, 2001 Election. This item was is approved under the consent agenda. This agreement outlines the responsibilities of the Election Administrator and the City for the November 6, 2001 Bond Election. The cost is approximately $14,873.10. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a contract with the Williamson County Elections Administrator to conduct the November 6, 2001 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 to conduct the November 6, 2001 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 13th day of September, 2001. 15.F.1. Consider a resolution authorizingthe e Mayor to execute Supplemental Agreement No. 1 to the Contract for Engineering Services with HDR Engineering,_ Inc. for the design and permitting of railroad crossings for Arterial A. Mayor Stluka disclosed that he has had business dealings with HDR which were unrelated to City business and that he would be refraining from discussion or vote on this item. Mayor Stluka submitted the appropriate affidavit. Mayor Pro-tem Nielson chaired this item. Jim Nuse, Director of Public Works made the staff presentation. On February 24, 2000 the Council approved Resolution No. 00-02-24-11F8 which allowed HDR Engineering, Inc., to provide coordination with the Union Pacific Railroad for approval of the Arterial A Underpass. HDR is developing complete plans for the proposed bridge and shoofly of the Union Pacific Railroad Underpass at Arterial"A"under this resolution. This additional agreement will cover the development of the proposed survey, schematic and associated storm water design which are needed prior to beginning design services for Arterial A under the railroad structures. This additional work will be provided in the amount of$92,285 which includes a$39,400 sub- 5 , SEPTEMBER 13,2001 consultant fee for surveying and$52,885 lump sum for preliminary schematic preparation and preliminary storm water hydraulics bringing the total cost of the project to $311,415. Arterial A will provide improved mobility for Round Rock residents when complete. 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 and permitting of railroad crossings for Arterial A, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Agreement No. 1 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. 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. for a change in the scope of services, and to extend the contract date, a copy of said supplemental agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 2001. ROBERT A. STLUKA, JR., Mayor • City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Mayor Stluka did not vote on this item. ACTION: The motion carried unanimously. • 15.F.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with HDR Engineering, Inc. for the preparation of plans and specifications for the replacement of two spans of the Union Pacific Railroad Underpass at A.W. Grimes Boulevard. Mayor Stluka disclosed that he has had business dealings with HDR which were unrelated to City business and that he would be refraining from discussion or vote on this item. Mayor Stluka has submitted the appropriate affidavit. . 52 SEPTEMBER 13, 2001 Mayor Pro-tem Nielson chaired this item. Jim Nuse,Director of Public Works made the staff presentation. This agreement with HDR Engineering will allow for design services for the replacement of two spans of the Union Pacific Railroad Underpass at A.W. Grimes Boulevard,prepare retrofit details for affected piers, coordinate with Union Pacific Railroad staff with respect to the UPRR Underpass. The cost of • this agreement will be $229,833. This work is necessary for the completion of A.W. Grimes Boulevard. The opening of A.W. Grimes Boulevard will greatly enhance mobility for the residents of Round Rock. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional engineering services for the preparation of plans and specifications for the replacement of two spans of the Union Pacific Railroad underpass at A.W. Grimes Boulevard, and WHEREAS,HDR Engineering, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with HDR Engineering, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with HDR Engineering, Inc., for professional engineering services for the preparation of plans and specifications for the replacement of two spans of the Union Pacific Railroad underpass at A.W. Grimes Boulevard, 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 13th day of September, 2001. ROBERT A. STLUKA, JR., Mayor ATTEST: City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer • Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Mayor Stluka did not vote on this item. ACTION: The motion carried unanimously. *15.F.3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Alliance Texas Engineering Company Inc. for traffic signal warrant 53 SEPTEMBER 13, 2001 studies and traffic signal designs at the intersections of Mays Street and Old Settlers Boulevard, and Mays Street and Texas Avenue. This item was approved under the consent agenda. The contract amount is $42,848.44. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional traffic engineering • services for traffic signal warrant studies and traffic signal designs at the intersections of Mays Street and Old Settlers Boulevard, and Mays Street and Texas Avenue, and WHEREAS, Alliance Texas Engineering Company, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract 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 a Contract for Engineering Services with Alliance Texas Engineering Company, Inc., for professional traffic engineering services for the preparation of plans and specifications for traffic signal warrant studies and traffic signal designs at the intersections of Mays Street and Old Settlers Boulevard, and Mays Street and Texas Avenue, 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 13th day of September, 2001. • *15.F.4. Consider a resolution authorizingthe Mayor to execute an Additional Services Authorization with Baker-Aicklen&Associates, Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane. Jim Nuse, Public Works Director made the staff presentation. This supplement is for additional engineering services for the bidding and construction of the off-site 12-inch waterline along Chisholm Trail. The total charges for the additional services are$8,970. These additional services will increase the contract amount to $110,820.00. The benefit of installing this waterline will not only add a secondary water source increasing the dependability of the water supply system,but will also facilitate the reconstruction of Chisholm Trail roadway. 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 an Additional Services Authorization for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Additional Services Authorization with Baker-Aicklen&Associates, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Additional Services Authorization for a change in the scope of services, a copy of said authorization being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such 54 SEPTEMBER 13, 2001 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September, 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: JOANNE LAND, City Secretary • MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Coe seconded the motion. . VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *15.F.5. Consider a resolution authorizing the Mayor to execute an Additional Services Authorization with Baker-Aicklen&Associates, Inc. for the design of roadway improvements on CR 122 from Forest Creek Drive to Brushy Creek. This item was approved under the consent @ agenda. Supplemental Agreement No. 2 is in the amount of$1,400.00 allowed for the re-staking of the right-of-way for the appraiser. 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 an Additional Services Authorization to the Contract for a change in the scope of services, and WHEREAS, the City Council desires to approve said Additional Services Authorization to the Contract with Baker-Aicklen&Associates, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is'hereby authorized and directed to execute on behalf of the City an Additional Services Authorization to the Contract with Baker-Aicklen & Associates, Inc. for a change in the scope of services, a copy of said authorization being attached hereto as Exhibit AA@ and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such @ meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 2001. 15.F.6. Consider a resolution authorizing the Mayor to execute an Agreement for City to Assume Operation and Maintenance of Existing Signals When Annexed by City Over 50,000 Population or City Grows to Over 50,000 Population with the Texas Department of SEPTEMBER 13, 2001 55 Transportation. Jim Nuse, Director of Public Works made the staff presentation. This agreement provides for the transfer of the responsibility for non-controlled access highway traffic signal devices from TxDOT to the City of Round Rock. The transfer of responsibility should occur around October 1, 2001. The State has a policy,which requires a City to install, maintain, and operate all traffic signals located on non-controlled access highways within the City when the • population of the City exceeds 50,000 by the latest Federal Census. The State allows cities to maintain and operate traffic signals on controlled access highways, which is covered by a separate agreement. The cost will be $105,000. The transfer of responsibility covered by this agreement will add 20 traffic signals,'3 school zones, and one advance railroad-warning beacon to the City's maintenance responsibility. The City currently maintains traffic signals at 9 intersections. The City will now control the timing of the traffic signals, which will allow us more flexibility to develop traffic signal progressions on our arterials. 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 Agreement for City to Assume Operation and Maintenance of Existing Signals When Annexed by City over 50,000 Population or City Grows to Over 50,000 Population ("Agreement") with the State of Texas, acting through the Texas Department'of Transportation,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed; considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 2001. ROBERT A. STLUKA, JR., Mayor ATTEST: City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember • Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councifinember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 56 SEPTEMBER 13, 2001 15.17.7. Consider a resolution authorizing Y g the Ma or to execute an Agreement for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals within a Municipality with the Texas Department of Transportation. Jim Nuse, Director of Public Works made the staff presentation. This agreement allows the City of Round Rock to maintain and operate the frontage road traffic signals for TxDOT on IH 35, and in the future SH 45. TxDOT • will pay the City$1,729.08 per intersection per year to maintain these traffic signals, and continue to pay the cost of power for the traffic signals. This agreement will add 7 traffic signal locations to the City's maintenance responsibility. Since TxDOT will provide maintenance funding to the City, the impact should be minimal to the City's budget. City maintenance and operation of these traffic signals will allow greater flexibility and control in coordinating the timing with traffic signals on our City arterials. 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 Agreement for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals Within a Municipality ("Agreement") with the State of Texas, acting through the Texas Department of • Transportation,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 2001. ROBERT A. STLUKA, JR., Mayor ATTEST: City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 57. SEPTEMBER 13,2001 *15.F.8. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Carter&Burgess, Inc. for redesign construction plans for US 79 from CR 195 to CR 122. This item was approved under the consent agenda. The contract is for $25,537.00. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain professional engineering services for redesign construction plans for US 79 from CR 195 to CR 122, and WHEREAS, Carter &Burgess, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said 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 a Contract for Engineering Services with Carter & Burgess, Inc., for professional engineering services for redesign construction plans for US 79 from CR 195 to CR 122, 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 13th day of September, 2001. *15.F.9. Consider a resolution authorizing the Mayor to execute Supplemental • Agreement No. 2 to the Contract for Engineering Services with Carter&Burgess, Inc. for the preparation of plans, specifications, and estimates for 1.5 miles of additional illumination of US 79 from CR 195 to FM 1460. This item was approved under the consent agenda. The cost of the agreement is $68,021.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract for engineering services ("Contract") with Carter & Burgess, Inc. for the preparation of plans, specifications, and estimates for 1.5 miles of US 79 from FM 1460 to CR 195, and WHEREAS, Carter & Burgess, Inc. has submitted Supplemental Agreement No. 2 to the Contract for a change in the scope of services, to develop plans and specifications for additional illumination of US 79 and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 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. 2 to the Contract with Carter & Burgess, Inc. for a change in the scope of services, a copy of said supplemental agreement being attached hereto as Exhibit AA@ and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 2001. SEPTEMBER 13, 2001 15.17.10. 'Consider a resolution authorizing the Mayor to execute a System Water Availability Agreement Between Brazos River Authority and City of Round Rock Lake Georgetown, for the purchase of water from Lake Georgetown. Jim Nuse, Director of Public Works made the staff presentation. The City is requesting 6,720 acre-feet of water per fiscal year under the term of this agreement. In 1978, Round Rock contracted with the BRA for 6,720 acre- feet of water from Lake Georgetown. This contract terminates that agreement and extends the • availability guaranteeing water until 2050. The system rate is $26 per acre-foot. RESOLUTION NO. WHEREAS, the City of Round Rock desires to acquire water from the Brazos River Authority, and WHEREAS, the City Council wishes to enter into a System Water Availability Agreement between Brazos River Authority and City of Round Rock - Lake Georgetown for the purchase of water from Lake Georgetown, o 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 System Water Availability Agreement between Brazos River Authority and City of Round Rock - Lake Georgetown for the purchase of water from Lake Georgetown, 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 September, 2001. ROBERT A. STLUKA, JR., Mayor ATTEST: City of Round Rock, Texas JOANNE LAND, 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 Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • 15.F.11. Consider a resolution authorizingthe e Mayor to execute a System Water Availability Agreement Between Brazos River Authority and City of Round Rock Lake Stillhouse Hollow, for the purchase of water from Lake Stillhouse Hollow. Jim Nuse, Director of Public Works made the staff presentation. The City is requesting a total of 18,134 acre-feet of S 9" SEPTEMBER 13, 2001 water per Fiscal Year. Round Rock contracted with the BRA for surface water at a system rate of $26.00/acrefoot. This agreement will extend the term until 2050. RESOLUTION NO. WHEREAS, the City of Round Rock desires to acquire water from the Brazos River Authority, and WHEREAS, the City Council wishes to enter into a System Water Availability • Agreement between Brazos River Authority and City of Round Rock - Lake Stillhouse Hollow for the purchase of water from Lake Stillhouse Hollow,Now Therefore BE IT RESOLVED BY 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 between Brazos River Authority and City of Round Rock - Lake Stillhouse Hollow for the purchase of water from Lake Stillhouse Hollow, 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 September, 2001, ROBERT A. STLUKA, JR.,Mayor ATTEST: City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem • Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 15.F.12. Consider a resolution authorizingthe e Mayor to execute a System Water Availability Agreement for Colorado River Basin Water Between Brazos River Authority and City of Round Rock, for the purchase of water from the Colorado River Basin. Jim Nuse, Director of Public Works made the staff presentation. The City is requesting a total of 6,944 • 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. This agreement will allow Round Rock to access 6,944 acre-feet of that water and will guarantee water until 2050. The reserve charge is $49.22/acre foot. RESOLUTION NO. WHEREAS, the City of Round Rock desires to acquire water from the Brazos River Authority, and SEPTEMBER 13, 2001 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 water 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 water from the Colorado River Basin, 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 September, 2001. ROBERT A. STLUKA, JR., Mayor ATTEST: City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan • Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *15.F.13. Consider a resolution authorizing the Mayor to execute a Contract with Benitez Construction, Inc. for the Distribution System Pressure Improvements,High Country P.R.V. Station and IV6 and IV7 Bypass. This item was approved under the consent agenda. The amount of the contract is $123,500.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Distribution System Pressure Improvements,High Country P.R.V. Station and IV-6 and IV-7 Bypass, and WHEREAS, Benitez Construction, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Benitez Construction, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Benitez Construction, Inc. for the Distribution System Pressure Improvements, High Country P.R.V. Station and IV-6 and IV-7 Bypass. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September, 2001. 6 + SEPTEMBER 13,2001 *15.F.14. Consider a resolution authorizing the Mayor to execute an inspection proposal with HOT Inspection Services, Inc. for inspection services for the South 81 Elevated Storage Tank project. This item was approved under the consent agenda. This inspection is for the relocation of the existing .5 mg tank with the new 1.25 mg tank for the South Mays/Dell Way project at a cost of$14,615.00. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain site inspection services for the South 81 Elevated Storage Tank project, and WHEREAS, HOT Inspection Services, Inc. has submitted an inspection proposal to provide said services, and WHEREAS, the City Council desires to approve said proposal,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an inspection proposal with HOT Inspection Services, Inc. for inspection services for the South 81 Elevated Storage Tank project, a copy of said proposal being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 2001. • COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 10:20 p.m. RectfullC�itte Joepne Land, Assistant City Manager/ City Secretary • 6 2 SEPTEMBER 18, 2001 The September 18, 2001 Special Called Meeting of the City Council and Planning and Zoning Commission was held in the Chamber of Commerce located at 212 East Main Street. Mayor Robert A. Stluka called the meeting to order at 6:05 p.m. ROLL CALL: Present along with Mayor Stluka were Council members Alan McGraw, Carrie Pitt, Earl Palmer, Isabel Gallahan, Gary Coe, Planning and Zoning Commission members Al Kosik, Peter Drapes, Sandy Arnold, Russ Boles, Frank Del Castillo, Brad Ellis, David • Pavliska, and Elaine Wray. Staff included Joe Vining, Director of Planning and Community Development, Jim Stendebach, Assistant Director, Susan Brennan, Senior Planner, Bob Bennett, City Manager, Joanne Land, Assistant City Manager, Sharon Prete, Director of Parks and Recreation, Steve Sheets, City Attorney, and Jim Nuse, Public Works Director. WORK SESSION: 3.A. Consider a presentation concerning_proposed draft amendments to the City of Round Rock Zoning Ordinance,pertaining,specifically to the following sections: 11.100: General Provisions 11.200: Development Review Bodies 11.200: Development Review Procedures • Lee Einsweiller with Duncan and Associates presented Sections 11.100, 11.200, and 11.200 of the Draft Zoning Ordinance to the City Council and the Planning and Zoning Commission. The goals of the new Zoning Ordinance are to update, modernize, and reorganize the existing ordinance. These goals are achieved with the General Plan 2000,by holding joint meetings with the City Council and the Planning and Zoning Commission, conducting public meetings, consultant expertise, and the Zoning Advisory Committee. The new ordinance is organized better than the existing one. It has an improved page layout that includes more descriptive headers and footers,bolded subheadings, and graphics. Chapter 11.100 has the entire legal wording that has to be included in this type of ordinance. Einsweiller reiterated that this revision does not change the zoning map. • Chapter 11.200 lists all of the Development Review Bodies and their duties and responsibilities. The following are the development review bodies in chapter two: Zoning Administrator, Development Review Committee, Historic Preservation Commission, the Board of Adjustment, Planning and Zoning Commission, and the City Council. 6`3 SEPTEMBER 18, 2001 The duties of the Zoning Administrator are to issue Certificates of Zoning Compliance, issue Written Interpretations, Administrative Adjustments, and Temporary Use Permits. The Historic Preservation Commission recommends historic designation and issues certificates of appropriateness. The Board of Adjustment replaces the DRB. Its responsibilities are to issue special exceptions,variances, and administrative appeals. The Planning and Zoning Commission • is responsible for recommendations for zoning changes and original zoning. The City Council is responsible for General Plan Amendments, original zoning, text amendments, zoning map amendments,PUD development plans, designation of historic properties, and partial tax exemptions for historic sites. Vining added that the public hearings at the Development Review Board occur too late for public input to make an impact. The new process will make public input more important. Councilmember Pitt wanted to make sure zoning is addressed along with annexation in the public notices. She wants them to be very clear. Commissioner Ellis wanted to know why the city does not use signs for posting hearings. Vining said that there are too many problems with signs. They can be stolen or moved. The City • will notify property owners within 300' of the property being rezoned,to try and reach more people. It is improved from an existing 200' requirement. Einsweiller said we can do a courtesy notification in addition to what the ordinance requires. These new standards are better than the state statues. Chairman Kosik wanted to know if items 6 and 7 on Page 16 could be combined. Einsweiller said that he would combine them. Chairman Kosik asked what happens if someone says that they never received the notice. Einsweiller said that(d) on page 17 addresses that problem. Chairman Kosik also asked if Zoning Map Amendment on page 17, Section 8(a) should state"no expiration."Einsweiller said that if you do not use the zoning, it should be revisited. The expiration can be changed if the City only approves zoning changes in accordance with the • General Plan. Councilmember Pitt asked if the requirements in Section 11.302 pertained to single- family uses. Einsweiller said that it is not required for single family Commissioner Boles asked-if the new hearing process will decrease the number of angry mobs at public hearings. Einsweiller said no,but at least they will testify earlier in the process so that their input will make a difference. 64 SEPTEMBER 18, 2001 Councilmember Pitt wanted a definition of duration on Page 23 subparagraph (d). Einsweiller said he would rewrite that section. Chairman Kosik also wanted a definition of "duration"for subparagraph(e). Einsweiller said that the zoning administrator could define parameters. Commissioner Del Castillo wanted to know if subparagraph(g) on page 23 would address the issue of temporary warehousing. Einsweiller said that temporarycan actually mean years. Commissioner Drapes wanted to know why subparagraph(a) on page 23 limited fundraising or noncommercial events for nonprofit organizations to two days. Einsweiller said he would revisit that requirement. Councilmember Pitt wanted to know the difference between a special exception and a variance. Einsweiller said that a special exception is a use which in theory fits the uses but on your site may not fit. Commissioner Drapes would like to see the powers and duties of the review boards be listed at the top of each section. Einsweiller said that he would see what he could do. Chairman Kosik noticed that page 11 item (ii) did not mention special called meetings. • Councilmember Gallahan would like to see the exceptions for removal listed. Chairman Kosik does not think there should be any exceptions. ADJOURNMENT: There being no further business, the meeting adjourned at 7:35 p.m. Respectfully submitted, eah W. Murphy,Planner Tec cian • s . SEPTEMBER 27, 2001 The Round Rock City Council met in Work Session and Regular Session on Thursday, September 27, 2001 in the City Council Chamber, 221 E. Main CALL WORK SESSION TO ORDER—5:00 P.M. ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl • Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett and Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. WORK SESSION: 3.A.1. Consider a presentation by the Economic Development Advisory Commission. This item was addressed under item 1 LA. 3.A.2. Consider a presentation concerning the City's Emergency Operations Plan. Bob Bennett, City Manager introduced the presentation. This general presentation is for new residents about how the City prepares for and operates during an emergency. Keith Tanner, Fire Marshal gave the following overview of the City's Emergency • Operations Plan. What is Emergency Management? Emergency Management consists of systems,resources and activities designed to assist a community in mitigating against,preparing for, responding to and recovery from the effects of all hazards. Four phases of Emergency Management • Mitigation—Any action taken to eliminate ore reduce long-term risk to human life and property from natural and human caused hazards. • Preparedness—Activities that develop the response capabilities needed in the event that an emergency should arise. • Response—the actual provision of emergency services during crisis or incident. • Recovery—Is both long term and short. These operations seek to restored vital services to the community and provide for the basic needs of the public. • How Round Rock is Organized • Executive Group Mayor and Council - Directs overall preparedness for City - Emergency policy decisions - Declares state of emergency when needed - Requests outside assistance - City Manager Serves as Chief of Operations in EOC SEPTEMBER 27, 2001 Directs and controls emergency operational response of City services Implements policy decisions of Mayor and Council Emergency Management Coordinator - Serves as staff advisor - Coordinates planning and preparedness activities - Insures operational capability of EOC - Serves as day-to-day liaison between City and State emergency management services. • • Emergency Services Group Department Heads Develop, maintain and exercise assigned disaster response function Administer assigned functions during actual occurrence g g • Emergency Services Function - Warning - Communications - Shelter Mass Care - Radiological Protection - Evacuation - Fire Rescue - Law Enforcement - Medical Health - Emergency Public Information - Damage Assessment - Public Works/Engineering - Utilities - Resource Management - Human Services • - Transportation - Legal - Hazard Mitigation • Current Activities - Review of basic plan and all annexes - Develop new annexes and SOP's - Develop tabletop exercise - Review of local hazard vulnerability - Schedule public officials workshops for Mayor, Council, and staff - Schedule training of staff in function areas • Future Considerations Facility/equipment assessment Continual updating of hazard/threat vulnerability Interlocal agreements/discussion for resource utilization Develop forum for public, local industry, special population Full-scale exercise development Paul Conner, Chief of Police addressed terrorism and how staff is working the preparedness for the City. • 3.B.1. Consider a presentation to describe the Police Department's future approach to nuisance false burgl_ary alarms. Paul Conner, Chief of Police made the staff presentation. Police officers spend a disproportionate share of their time responding to false alarms, and officers are unavailable to respond to other calls-for-service or pursue community policy projects when they are responding to false alarms. Chief Conner gave an overview of the following. C SEPTEMBER 27, 2001 • Departmental Procedural Order for dealing with nuisance false alarms. • Notice of False Alarm and common causes and ways to reduce false alarms. • Notice of Suspended Alarm Response • Notice of Discontinued Alarm Response The most common human errors and equipment problems are as follows: Human Errors • Use of incorrect key pad codes • • Failure to train other authorized users (sitters,relatives, visitors, employees, delivery personnel) • Failure to secure doors and windows before setting alarm • Failure to notify security company of unscheduled openings or closings (for businesses using set schedules) • Failure to update authorized personnel list with monitoring facility (for commercial properties) Equipment Problems • Improper application or installation of interior motion detectors • Improper application or installation of outdoor beams • Improper charging or checking of batteries • Faulty equipment(panels, detectors, key pads) How to Reduce False Alarms • Make sure that all users are familiar with alarm systems operations • Secure doors and windows before setting alarms • Be aware of changes in the environment (new animals, design changes, new employees, seasonal decorations,plants) • Notify monitoring facility of any and all changes (house guests, name changes, • new employees,termination of employees) • Equipment should be routinely inspected and maintained by qualified personnel • The Department is focusing to work proactively with the community to reduce the number of false alarms,improving the allocation of police resources. Available Options • Continue as we have • Stop responding to addresses with chronic false alarms • Do not respond to alarms until an alarm company checks out an alarm and calls police • Develop a permitting program and fine repeat false alarm offenders Developed Nuisance Alarm Procedure Guidelines • Nuisance Alarm-three or more false alarms in a 12 month period • Police provides written and/or verbal notice For each false alarm For suspension of police response to alarm sites classified as nuisances • Suspended alarm systems remain so until re-certified • Re-certification requires a letter from the alarm company certifying - Alarm system has been serviced The malfunction has been identified • - The necessary corrective action has been taken • Upon three suspensions the alarm suspension is permanent • Police will keep in close contact with all the alarm companies to verify who is the current holder of the account 3.C.1. Consider a presentation on the Williamson County Park. Sharon Prete,Parks and Recreation Director made the staff presentation. Paul Linehan of Land Strategies, Inc. outlined the conceptual master plan for the Southwest Williamson County Regional Park. Following is a summary of the Proposed Land Use. SEPTEMBER 27,2001 • Active Sports—214.0 acres Football, tract, Soccer, Softball, Basketball, Tennis, Fenced Playground, Skate Park, Concession Stands. • Veloway—59.0 acres • Equestrian—76.0 acres • Golf and Driving Range— 125.5 acres • Camping—241.0 acres • Lake— 16.0 acres • Fishing— 19.5 acres • • Pool—4.0 acres • Amphitheater and Botanical Gardens—32.5 acres • Entry and Monument—4.5 acres • Arterial H—6.0 acres Total acreage—798.0 acres Mr. Linehan pointed the areas on the conceptual master plan for the following. • Baseball and Softball—8 softball and junior fields, 8 professional fields • Children's Playground—security fence, close to parking and center lawn, ASTM safety rated play equipment • Tennis and Basketball—8 tennis courts with wind screens, 6 basketball courts • Central Commons—main lawn for orientation and congregation, flexible for field activities and special events • Soccer— 14 permanent fields, 1 stadium field(shared_with football), multiple practice fields, dispersed parking for easy access • Veloway—circuit course of approximately 2 miles, asphalt pavement 20 foot wide • Equestrian Center-±4.5 mile riding trail,horse barn with stables, riding arena, tack room and grooming facility, fenced pastures • Football and Track— 1 stadium football field, seating for 1,000 people with area • for expansion, 400 meter track, lighting for night play • Hiking Trails, Camping and Fishing—primitive camping facilities, established trails for access and facilities,prepared tent sites and fire rings, communal water and restroom facilities, lake edge and dock fishing, stocked with game fish, hiking trials that wind around many corners of the park and connect to regional trials, 33 acre manmade lake • Golf—9 hole golf course or 18 hole executive course designed within a natural floodplain which surrounds a manmade lake, driving range,pro shop • Botanical Garden and Performing Arts—existing quarry modified, large amphitheater, ± 1,000 person capacity, small amphitheater, ±200 person capacity, nestled within a native botanical garden • Heritage Center and Festival Grounds • Swim Center and Skateboard Park—Junior Olympic pool with interactive water features In addition, the Williamson County Commissioners approved an$8.2 million budget for this Park and the City would be applying for a grant next summer for the benefit this Park. 3.D.1. Consider a presentation on Amendment No. 2 to the 2000-2001 O ep rating Budget. This item was addressed under item 1 LA. • . 3.D.2. Consider a presentation regarding the Ci 's receipt of the Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada for the 2001 fiscal year budget. This item was addressed under item 11.A. TOWN HALL MEETING—6:00 P.M. 6- 9 SEPTEMBER 27, 2001 Staff made a televised presentation concerning the proposed 2001-2002 Operating Budget and 2001 Property Tax Rate for the City of Round Rock. Residents that called in questions concerning the budget were answered live. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE • ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr.,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: Special Called Work Session August 2-3, 2001; Regular Session August 9, 2001 MOTION: Councilmember Palmer moved to approve the minutes as submitted. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Manouch Ziari, 2023 N. Mays, expressed his feelings regarding the September ll"' tragedy in New York. Roy Beard, 1629 Scenic Loop, gave an economic development report and read a resolution of support for the November 6th G. O. Bond Election. Mayor Stluka recognized Cub Scouts Pack 157 and Boy Scouts Troop 456 who were attending the meeting as a part of acquiring their community badge. The scouts introduced themselves to the Council. • PROCLAMATIONS: 10.A. Consider a proclamation recognizing The Defenders, the 2001 Pony National Slow Pitch Champions. Mayor Stluka read the appropriate proclamation and presented to team members who introduced themselves to the Council. 10.B. Consider a proclamation declaring October as Breast Cancer Awareness Month. Mayor Stluka read the appropriate proclamation. 70 SEPTEMBER 27, 2001 PRESENTATIONS: 11.A. Continuation of presentations not addressed during the Work Session 3.A.1. Consider a presentation by the Economic Development Advisory Commission Nancy Yawn,Director Public Affairs,Business Development made the staff presentation. In November 2000 the Commission began working with Angelou Economics to develop an economic development plan. The process for developing the plan has been very inclusive with • much input being collected from business leaders and citizens. This plan will serve as a comprehensive guide for the City and Chamber's economic development efforts. It will focus the efforts on recruiting the target industries identified,provide an image (brand) for the City to be used by many entities, outline a marketing strategy, and encompass infrastructure and community development initiatives. Rufus Honeycutt and Ron Hagood members of the Economic Development Commission outlined the following. • Advisory Commission • Process Community Assessment - Public involvement • - Marketing/branding - Peer communities - Target industries • Plan Goals - Target assessment - Business retention - Business recruitment - Entrepreneurial incubator • Marketing/Branding(not completed Council to work on it and community) New brand/image - Internal(community)marketing External marketing Mayor Stluka said this is a new blue print that will be used to guide the City in Economic Development. Councilmember Gallahan said she would like seeing the list of members included in the plan plus the Council and City Manager. • 3.D.1. Consider a presentation on Amendment No. 2 to the 2000-2001 O erp ating Budget. David Kautz,Finance Director made the staff presentation. The budget amendment makes growth related revenue and sales tax.revenue available for additional operating expenses and major capital purchases. This amendment to the budget basically a housekeeping matter. Mr. Kautz gave highlights of the amendment. Z I., SEPTEMBER 27,2001 Operating Budget Amendment No. 2 (Transfer to Capital Projects Fund) • Furnishing contingency for the McConico Building- $250,000 • Police Mobile Data Terminal CAD (Ph 2) - $600,000 • Tract of land adjacent to Old Settlers Park at Palm Valley $1,525,000 • Other projects uses- $975,000 • This amendment also reflects adjustments to some operating programs specifically p gp g p Y general services, which accounts for sales tax sharing with Dell Computers. 3.D.2. Consider a presentation regarding the he Cit 'sy receipt of the Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada for the 2001 fiscal year budget. David Kautz,Finance Director made the staff presentation. The Government Finance Officers Association of the United States and Canada (GFOA)presented the City with the GFOA's Distinguished Budget Presentation Award of its budget. The award represents a significant achievement by the City of Round Rock. It reflects the commitment of the Council and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award the City had to satisfy nationally recognized • guidelines for effective budget presentation. These guidelines are designed to assess how well the City's budget serves as a policy document, a financial plan, an operations guide and communications device. The budget document must be rated"proficient"in all four categories to receive the award. The achievement of the award indicates that the City's budget meets rigorous criteria and provides information in a nationally standardized manner. Bond rating agencies, investors and other parties interested in the City' budget and financial plans look upon the documents and processes of award recipients as having greater validity. In addition, when a distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This award was presented to the Finance Department. • PUBLIC HEARINGS: 12.A.1. Consider public testimony concerning the adoption of the proposed 2001-02 Operating Budget for the City of Round Rock. David Kautz, Finance Director 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 32.207cent property tax rate and no change to the water, wastewater or garbage rates. This budget maintains levels of 7 i. 2 SEPTEMBER 27, 2001 service for a growing population at competitive rates while adhering to prudent financial policies. Mr. Kautz noted that the $3.9 million of programs that the departments requested are not in this budget and will be addressed at a later date. Mayor Stluka opened the public hearing. Elizabeth Parker, 1207 Creekview Drive,representing the Volunteer Center thanked the Council for their continued support of the Volunteer Center. David Marsh, Executive Director of CARTS, 402 Bowman Road, asked that their request for funding be reconsidered. Patricia Wentworth, 555-A Round Rock West Drive, thanked the Council for funding mental health services though the Bluebonnet MHMR Center. Patsy Callaway, 1011 Gattis School Road, #110, spoke on the funding request for Family Outreach of Williamson County. Maureen Dienno, 5505 Travis Green Lane, Austin, asked the Council to support the request for funding for the Family Outreach Program. There being no furthertestimony, the public hearing was closed. 12.A.2. Consider public testimony concerning the adoption of the proposed 2001 • property tax rate for the City of Round Rock. David Kautz, Finance Director made the staff presentation. The proposed Operating Budget for fiscal year 200102 is balanced at a tax rate of 32.207 cents per$100 of appraised taxable value. While this rate is less than last year's tax rate of 33.031 cents, it is 6.9%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 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. Mayor Stluka opened the public hearing. Gisele Schaefer, 2003 Woods Cove, spoke in favor of the proposed tax rate. There being no further testimony, the public hearing was closed. • 13. 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 15.C.1 was withdrawn from the consent agenda. *14.B.1. Consider an ordinance establishing a No-Parking tow-away zone on a portion of Lamar Drive. (Second Reading) SEPTEMBER 27, 2001 73 *14.B.2. Consider an ordinance amending Section 9.2100 of the Round Rock Code of Ordinances regarding Abandoned and Junked Vehicles. (Second Reading) *14.C.1. Consider an ordinance amendin the he Impact Fees Ordinance to comply with the provisions of Senate Bill 243. (Second Reading) *14.C.2. Consider an ordinance authorizingthe placement of stop signs at certain • intersections in the Greenlawn Place Subdivision. (First Reading) *14.C.3. Consider an ordinance designating the intersection of Bluffton Drive and Lake Forest Drive as an all-way stop intersection. (First Reading) *14.C.4. Consider an ordinance desi ng_ating the intersection of Lord Byron Circle at Lord Byron Circle as a stop intersection. (First Reading) *14.D.1. Consider an ordinance determining_the public necessity for the acquisition of 0.17 acres of land for 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) *14.D.2. Consider an ordinance determining the public necessity for the acquisition of 0.17 acres of land for the proposed A. W. Grimes Boulevard Project, and if necessary • authorizing the City Attorney to initiate eminent domain proceedings to o acquire this needed property. (First Reading) *15.A.2. Consider a resolution authorizing the Mayor to execute a Retail Advertising Contract with the Austin American- Statesman for advertising and publication of public notices. *15.C.1. Consider a resolution authorizing the City Manager to issue a purchase order to Total Recreation Products, Inc. for the purchase of playground equipment in Meadow Lake Park. This item was withdrawn from the consent agenda and addressed in its normal sequence of the agenda. *15.E.2. Consider a resolution authorizing the closing of streets on October 6, 2001 for Coats for Kids Fun Run. • *15.E.3. Consider a resolution authorizing the closing of streets on October 4, 2001 for the Round Rock Hijzh School Homecoming Parade. *15.F.1. Consider a resolution authorizing the Mayor to execute Change Order No. 3 with Smith Contracting Company,Inc. for the Park Valley Drive Improvement Project. *15.F.3. Consider a resolution approving a reimbursement to Wilshire Homes, Ltd. and Pulte Homes of Texas, L.P. for the cost of oversizing water mains associated with the Sonoma, Sections 4 and 5 development. 74 SEPTEMBER 27,2001 *15.F.4. Consider a resolution authorizingthe e Mayor to execute a Gas Line Easement for TXU. MOTION: Councilmember Palmer moved to approve all of the Consent Agenda items listed. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *14.D.1. Consider an ordinance determiningthe public necessity for the acquisition of 0.17 acres of land for 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) 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 0.17 ACRES, IN FEE SIMPLE; GIVING NOTICE OF OFFICIAL • DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN ROADWAY IMPROVEMENTS TO A.W. GRIMES BLVD., 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. MOTION: Councilmember Coe moved to dispense with the second reading of the ordinance for item 14.D.1. with the unanimous consent of all the Council members present. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • ORDINANCES: 14.A.1. Consider an ordinance approving and adoptingthe proposed 2001-02 Operating Budget for the City of Round Rock. (Second Reading)David Kautz, Finance Director made the staff presentation. A public hearing was held earlier in the meeting for this item. The Operating Budget includes the General Fund, the General Debt Service Fund and the Water/Wastewater Utility Fund. The proposed budget requires a 32.207cent property tax rate. This rate is below SEPTEMBER 27, 2001 last year's rate of 33.031 cents but is above the effective rate of 30.103 cents. The effective rate would generate the same amount of tax from properties on the tax roll this year that was also on the roll last year. No changes are planned for the garbage rate or the water/wastewater rates. The Operating Budget provides improved levels of service for a growing community at competitive tax and utility rates while adhering to the City's financial policies. The first reading of the • ordinance was approved on September 13, 2001. Following is a summary of the 2001-2002 Proposed Operating Budget. Proposed Budget General Fund Total Revenues $52,205,386 Total Expenditures (51,617,158) Change if Fund Balance $ 588,228 I & S GO Debt Service Total Revenues $7,680,055 Total Expenditures (7,953,085) Change in Fund Balance $ 273,030 Utility Fund • Total Revenues $22,906,700 Total Expenditures (21,744,730) Change in Working Capital $ 1,161,970 * * 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. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002, 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. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson is Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.A.2. Consider an ordinance adopting,the proposed 2001 property tax rate for the City of Round Rock. (Second Reading)David Kautz,Finance Director made the staff presentation. A 76. SEPTEMBER 27, 2001 public hearing was held earlier in the meeting for this item. The proposed Operating Budget for fiscal year 2001-02 is balanced at a tax rate of 32.207 cents per$100 of appraised taxable value. o While this rate is less than last year?s tax rate of 33.031 cents, it is 6.9%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 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. The first reading of the ordinance was approved on September 13, 2001. 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 2001. MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Coe • Mayor Stluka Noes: Councilmember Gallahan ACTION: The motion carried with 6 ayes and 1 no. 14.A.3. Consider an ordinance adopting the 2001-2002 Hotel Occupancy Tax Budget. (First Reading) David Kautz,Finance Director made the staff presentation. The Hotel Occupancy Tax budget is funded by a local hotel occupancy tax rate of 7% on the cost of hotel rooms. The Hotel Occupancy Tax budget provides funding for tourism, the arts and the convention center/stadium complex debt service in a manner established by state law. Total Tourism Events $ 77,800 Total Arts Support $ 27,600 Total Tourism Support $144,600 Total Museum Support $ 10,000 Total Convention Center Project $690,590 • Total Contingency 10,000 Total Expenditures $960,590 ORDINANCE NO. AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY OF ROUND.ROCK, TEXAS FOR FISCAL YEAR 2001-2002. 77 SEPTEMBER 27, 2001 MOTION: Councilmember McGraw moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan • Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *14.B.1. Consider an ordinance establishing a No-Parking, tow-away zone on a portion of Lamar Drive. (Second Reading) This item was approved under the consent agenda. This will ensure safe egress to the roadway for Fire Department vehicles responding to emergency calls. The first reading of the ordinance was approved on September 13, 2001. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, TEXAS BY ADDING A NEW SECTION TO MAKE IT UNLAWFUL FOR PERSONS TO PARK A VEHICLE ON THE EAST SIDE OF LAMAR DRIVE BETWEEN OLD SETTLERS BOULEVARD AND COMMERCE BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. i *14.B.2. Consider an ordinance amending Section 9.2100 of the Round Rock Code of Ordinances regarding Abandoned and Junked Vehicles. (Second Reading) This item was approved under the consent agenda. This amendment updates the ordinance to bring it in line with changes in Texas law. The first reading of the ordinance was approved on September 13, 2001. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.2100, CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, TEXAS TO CONFORM SUBSECTION 9.2101, 9.2103(1), 9.2103(3), 9.2103(4) AND 9.2103(6), REGULATING ABANDONED MOTOR VEHICLES AND JUNKED VEHICLES, TO THE LAWS OF THE STATE OF TEXAS GOVERNING ABANDONED MOTOR VEHICLES, WATERCRAFT AND OUTBOARD MOTORS AND JUNKED VEHILCES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *14.C.1. Consider an ordinance amending the Impact Fees Ordinance to comply with • the provisions of Senate Bill 243. (Second Reading) This item was approved under the consent agenda. A Water Impact Fee of$1,741 for each LUE and Wastewater Impact Fee of$1,187 will be assessed on all new development and/or new connections to be served by the City's water system. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.204, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING THE AMOUNT OF 71 SEPTEMBER 27, 2001 THE WATER AND WASTEWATER IMPACT FEES AND THE TIME IMPACT FEES ARE ASSESSED AND DUE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *14.C.2. Consider an ordinance authorizing the placement of stop signs at certain intersections in the Greenlawn Place Subdivision. (First Reading) This item was approved under the consent agenda. Stop signs will be placed on Friarcreek Loop at Hampton Lane (both intersections); on Sedgewick Lane at Hampton Lane; on Sedgewick Lane at Southeastern Trail; • on Hampton Lane at Southeastern Trail; on Courtney Cove at Southeastern Trail; and on Southeastern Trail at Stratford Drive. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF FRIARCREEK LOOP AND HAMPTON LANE, SEDGEWICK LANE AND HAMPTON LANE, SEDGEWICK LANE AND SOUTHEASTERN TRAIL, HAMPTON LANE AND SOUTHEASTERN TRAIL, COURTNEY COVE AND SOUTHEASTERN TRAIL, AND SOUTHEASTERN TRAIL AND STRATFORD DRIVE AS STOP INTERSECTIONS, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *14.C.3. Consider an ordinance designating the intersection of Bluffton Drive and Lake Forest Drive as an all-way stop intersection. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF BLUFFTON DRIVE AND LAKE FOREST DRIVE AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *14.C.4. Consider an ordinance designating the intersection of Lord Byron Circle at Lord Byron Circle as a stop intersection. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF LORD BYRON CIRCLE AT LORD BYRON CIRCLE AS A STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 14.C.5. Consider an ordinance vacating, abandoning, and closing a portion of Harris • Street, and the twenty-foot wide alleyway within Block"3", of the City of Round Rock, Texas. (First Reading,) Jim Nuse, Director of Public Works made the staff presentation. This vacation of a portion of Harris Street is necessary to clear the way for platting a legal lot to accommodate the proposed construction of the McConico Building. The City requires that a legal lot must exist before a Building Permit may be issued. To form a legal lot,multiple properties need to be platted, and public right-of-way cannot be platted. Vacating the rights-of-way will allow 7" 9 SEPTEMBER 27, 2001 segments of land to be included in the plat. Progress will be made towards beginning the first phase in the construction of the Municipal Office Campus. ORDINANCE NO. AN ORDINANCE VACATING, ABANDONING, AND CLOSING A PORTION OF HARRIS STREET, AND THE TWENTY-FOOT (20') WIDE ALLEYWAY WITHIN BLOCK "3," WITHIN THE CITY OF ROUND ROCK, TEXAS, PURSUANT TO SECTION 311.007, • TRANSPORTATION CODE, V.A.T.S., PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Palmer moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Coe seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *14.D.1. Consider an ordinance determining the public necessity for the acquisition of 0.17 acres of land for 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 0.17 ACRES, IN FEE SIMPLE; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN ROADWAY IMPROVEMENTS TO A.W. GRIMES BLVD., 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. *14.D.2. Consider an ordinance determining the public necessity for the acquisition of 0.17 acres of land for the proposed A. W. Grimes Boulevard Project, and if necessary, SEPTEMBER 27, 2001 authorizing the City Attorney to initiate eminent domain Droceedin s 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 0.17 ACRES, IN FEE SIMPLE; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN • ROADWAY IMPROVEMENTS TO A.W. GRIMES BLVD., 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. RESOLUTIONS: 15.A.1. Consider a resolution supporting the efforts of President George W Bush to eliminate terrorism and honor those individuals who have died during the recent national events This resolution was sponsored by Councilmember Gallahan and Councilmember Palmer. Councilmember Gallahan read the following resolution. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas,United States of America, wishes to speak for all of its citizens in expressing our profound sorrow and sympathy to all those innocents whose lives were taken in the tragic events of September 11, 2001, and to also extend our prayers and support to the wider community of their family and friends left to cope with • incalculable individual and collective losses; and WHEREAS, the City of Round Rock, Texas,wishes to make this tangible expression honoring all the selfless firefighters and police personnel who immediately and en masse sacrificed their own lives by rushing straight into harm's way in an attempt to save other lives, and also to extend our prayers and support to the wider community of their families, friends, and fellow co-workers; and WHEREAS, the City of Round Rock, Texas,wishes to express that it heard and will faithfully support President Bush's September 20th call to unity of the American people and the world to defeat terrorism across the globe; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That our city and our citizens, as an integral part of the fabric which makes up this great country, stand and pledge complete solidarity and support for President Bush's purpose and plans to unify, fortify, and direct national and global efforts to defeat terrorism in the world today. That our city's and citizens' willingness to answer President Bush's call to be resolute defenders of freedom shall be Round Rock's enduring testament to all those who died, are injured, are permanently bereaved, and are perpetually and profoundly changed. That our City and our citizens are united in determination to do our part to bring triumph from tragedy. God bless America. • RESOLVED this 27th day of September, 2001. MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe 81 SEPTEMBER 27, 2001 Mayor Stluka Noes: None ACTION: The motion carried unanimously. *15.A.2. Consider a resolution authorizing the Mavor to execute a Retail Advertising Contract with the Austin American- Statesman for advertising and publication of public notices. This item was approved under the consent agenda. 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 27th day of September, 2001. • 15.B.1. Consider a resolution authorizing the Mayor to execute a Letter Agreement with Morgan &McCool, P.C. for professional legal services for the evaluation of development agreements. Joe Vining,Planning Director made the staff presentation. The City contracted with Parsons Transportation Group to prepare a Transportation Impact fee study for the NE portion of the Round Rock ETJ. Morgan and McCool, P.C. was part of the team preparing that study. In the study process is was revealed that an annexation agreement would be required as an interim step to permit developments to proceed prior to the adoption of the impact fee study. This is separate from the Impact Fee contract. The cost will not to exceed$12,000.00 without additional authorization,to provide services for the Planning Department and/or the City Attorney on an "as needed"basis. Permits development to proceed without lengthy delays and will assist with • the cost of constructing roads required to support that development. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional legal services for the evaluation of development agreements with regards to the imposition of road impact fees, and WHEREAS, Morgan&McCool, P.C. has submitted a letter agreement to provide said services, and WHEREAS, the City Council wishes to enter into said letter agreement with Morgan& McCool,P.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 a letter agreement with Morgan&McCool,P.C. for legal services for the evaluation of development 82 SEPTEMBER 27, 2001 agreements with regards to the imposition of road impact fees, a copy of said letter 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 J g P meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September 2001. MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *15.C.1. Consider a resolution authorizing the City Manager to issue a purchase order to Total Recreation Products, Inc. for the purchase of playground equipment in Meadow Lake Park. This item was withdrawn from the agenda at the request of staff. 15.D.1. Consider a resolution adopting an updated Investment Policy and Investment Strategy for the investment of City funds. David Kautz,Finance Director made the staff • presentation. The Public Funds Investment Act requires that the Council review the City's Investment Policy and Investment Strategies not less than annually. The Investment Polity governs investment of the City's funds. Review of the Investment Policy enables the Council and staff to communicate changes in investment law or industry standards. The changes to the Investment Policy are as follows: 1. Addendum A—Delete Chase Securities Inc., Offices closed, Page 17 2. Addendum A—Add Salomon Smith Barney. Broker changed firms from Chase Securities, Page 17 3. Addendum A—Delete Vining Sparks,Page 17 4. Addendum A—Add Deutsche Banc Alex Brown. Broker changed firms from Vining Sparks,Page 17 RESOLUTION NO. • WHEREAS,pursuant to Chapter 2256, Texas Government Code ("the Act") the City Council desires to adopt a written investment policy and investment strategy regarding the investment of City funds, and WHEREAS, the City Council has reviewed the attached updated policy and has determined same to be in compliance with the Act,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the updated Investment Policy and Investment Strategy for the investment of City funds, attached hereto as Exhibit"A" and incorporated herein, is hereby approved and adopted. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such 83 SEPTEMBER 27,2001 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September 2001. MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Palmer seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 15.D.2. Consider a resolution approving the issuance of$1,950,000 Combination Unlimited Tax and Revenue Bonds, Series 2001 by the Meadows at Chandler Creek Municipal Utility District. David Kautz, Finance Director made the staff presentation. As part of the Agreement Concerning Creation and Operation of the Meadows at Chandler Creek Municipal Utility District(the"District") entered into by the City and the District, the City must consider and approve the issuance of bonded debt. The Bonds are obligations of the District and are not J• the obligations of the City of Round Rock or any other political subdivision or any entity other than the District. The bond proceeds will be used to acquire water,wastewater and drainage lines to serve the District. 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, 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 84 SEPTEMBER 27, 2001 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$1,950,000 The Meadows at Chandler Creek Municipal Utility District Combination Unlimited Tax and Revenue Bonds, Series 2001" proposed to be adopted by the Board of Directors of the District (the "2001 Bond Order"), the District proposes to authorize the issuance of its combination unlimited tax and revenue bonds designated as its 11,950,000 The Meadows at Chandler Creek Municipal Utility District Combination Unlimited Tax and Revenue Bonds, Series 2001" (the "Series 2001 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 2001 Bond Order and Preliminary Official Statement and requested approval of the District's Series 2001 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 2001 Bonds in an amount not to exceed $1,950,000 is hereby approved. 2. The City Council approves the substantial draft of the 2001 Bond Order and Preliminary Official Statement for the Series 2001 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 September 2001. MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem. Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 15.E.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the U.S. Department of Justice for the Making Officer Redeployment Effective (MORE) 2001 Program for the purchase of components of the City's Computer-Aided Dispatch/Records Management System. Paul Conner, Chief of Police made the staff presentation. If funded, this grant would provide $500,000 for report-writing and database modules. The City would be required to provide$166,667 in direct cash match, and this match is included in the proposed FY 2001-02 budget. This grant project would fund thep urchase of • the following components for the Police Department's Computer-Aided Dispatch/Records Management System (CAD/RMS)program: 1. A Report-Writing Module for the Department's new Computer-Aided Dispatch/Record Management System. 2. COPLINK, a web-based tool that allows access and analysis of law enforcement information across multiple databases and jurisdictions. This software/hardware package consolidates data from numerous, stand-alone databases which significantly reduces search time. lil SEPTEMBER 27, 2001 85 Included in these purchases would be the necessary training and installation of hardware and software. The report-writing module would allow patrol officers to write offense and other reports on laptop computers in their vehicles and upload them quickly to the Record Management System upon their return to the station at the end of a shift. The COPLINK software allows officers to quickly find critical case-solving information that previously required • tremendous amounts of time-intensive activity to uncover. In both cases, the grant would allow officers to spend more time on the streets. RESOLUTION NO. WHEREAS, the U. S. Department of Justice, has grant funds available to cities for various law enforcement projects, and WHEREAS, grant funds are available through the Making Officer Redeployment Effective (MORE) 2001 Program, and WHEREAS, the City Council wishes to make application for the grant to provide financial assistance for the purchase of components of the City's Computer-Aided Dispatch/Records Management 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 27th day of September 2001. MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *15.E.2. Consider a resolution authorizing the closing of streets on October 6, 2001 for Coats for Kids Fun Run. This item was approved under the consent agenda. This event is being conducted by the Round Rock Volunteer Center. • RESOLUTION NO. WHEREAS, the Round Rock Volunteer Center, has requested that the following streets be closed on October 6, 2001 for a Coats for Kids fun run: Kouri Avenue from Hester's Crossing to Sundance Parkway, 7:30 a.m. - 10:30 a.m. Sundance Parkway from Kouri Avenue to La Frontera Boulevard, 7:30 a.m. - 10:30 a.m. La Frontera Boulevard from Hester's Crossing to Sundance Parkway, 7:30 a.m. - 10:30 a.m. WHEREAS, the Council wishes to grant such request,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 86, SEPTEMBER 27, 2001 That the streets listed above be closed on the dates and times as set out above for a Coats for Kids fun run. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September 2001. *15.E.3. Consider a resolution authorizing the'closing of streets on October 4 2001 for • the Round Rock High School Homecoming Parade. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Round Rock High School Student Council has requested that the streets along the following parade route be closed from 4:30 o'clock p.m. until 6:30 o'clock p.m. on October 4, 2001 for the Annual Round Rock Homecoming Parade: from the intersection of Bluff Drive and Round Rock West Drive, southwest on Bluff Drive to Deepwood Drive, and north on Deepwood Drive to St. Williams Avenue at Deepwood Elementary, and WHEREAS, the Council wishes to grant such request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the streets along the parade route be closed as set forth above from 4:30 o'clock p.m. until 6:30 o'clock p.m. on October 4, 2001 for the Annual Round Rock Homecoming Parade. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 27th day of September 2001. *15.F.1. Consider a resolution authorizing the Mayor to execute Change Order No. 3 with Smith Contracting Company, Inc. for the Park Valley Drive Improvement Project. This item was approved under the consent agenda. This change order is to adjust the contract quantities due to site-specific conditions. The total reduction amount is $15,631.70. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Smith Contracting Company, Inc. for the Park Valley Drive Improvement 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. 3,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 3 to the Contract with Smith Contracting Company, Inc. for the Park Valley Drive Improvement 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 meetingat which this Resolution was adopted opted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September 2001. 15.F.2. Consider a resolution authorizing the Mayor to execute a Contract for i 87 SEPTEMBER 27, 2001 Engineering Services with HDR Engineering, Inc. for the development of an Operational Water Distribution System Model. Mayor Stluka disclosed that he previously has had business dealings with HDR unrelated to City business and he would be refraining from discussion or vote on this item. Tom Word, Chief Traffic Engineer made the staff presentation. HDR maintains the City's • existing water model,which projects 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 the timing of required system improvements under each scenario. This model will replace the existing model and provide us with an in-house, dynamic operational water system model, based on actual system demand and operational scenarios, which will give the ability more efficiently,manage our water distribution system. This model will allow staff to predict the impact of new water lines, fire flow rates and the impact to our customers from the lost of service in a particular water line,before we turn a valve in the field. The cost of these professional services is $105,900.00. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain professional engineering services for the development of an Operational Water Distribution System Model, and WHEREAS,HDR Engineering, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with HDR Engineering, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with HDR Engineering, Inc., for professional engineering services for the development of an Operational Water Distribution System Model, 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 September 2001. MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Pitt seconded the motion. • VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Mayor Stluka did not vote on this item. ACTION: The motion carried unanimously. SEPTEMBER 27, 2001 *15.F.3. Consider a resolution approving a reimbursement to Wilshire Homes Ltd. and Pulte Homes of Texas. L.P. for the cost of oversizing water mains associated with the Sonoma Sections 4 and 5 development. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, §8.610(4) Code of Ordinances (1995 Edition) provides for the reimbursement for the oversizing of water mains, and • WHEREAS, Wilshire Homes, Ltd. and Pulte Homes of Texas, L.P. have submitted a reimbursement request for the oversizing of water mains associated with the Sonoma, Sections 4 and 5 development, and WHEREAS, the City Council wishes to approve said reimbursement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council'hereby approves of the reimbursement to Wilshire Homes, Ltd. and Pulte Homes of Texas, L.P. of $50,908.00, which is the cost of oversizing water mains associated with the Sonoma, Sections 4 and 5 development. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this the 27th day of September 2001. *15.F.4. Consider a resolution authorizingthe Mayor to execute a Gas Line Easement for TXU. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, a portion of Harris Street must be vacated, abandoned, or closed in order to • prepare for the construction of the Municipal Office Campus; and WHEREAS, a gas line currently exists in the portion of Harris Street that must be vacated, abandoned, or closed; and WHEREAS, until the gas line is relocated, TXU requires an easement on the property more particularly described in Exhibit "A" within the City of Round Rock, Texas; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a gas line easement for TXU on the property described in Exhibit"A". The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of September 2001. 15.17.5. Consider a resolution authorizing the Mayor to execute a Development Agreement with.Continental Homes of Texas, L. P. regarding A.W. Grimes Waterline. Jim Nuse, Director of Public Works made the staff presentation. The City desires to construct a 16" • waterline running through the property, along and within the A.W. Grimes Boulevard right-of- way. The purpose of the agreement is to provide for the reimbursement to the City for the cost of construction of the waterline through the property. The cost that will be funded by developers is $213,327.14. RESOLUTION NO. SEPTEMBER 27,2001 89 WHEREAS, the City of Round Rock desires to construct a 16" waterline along and within the A. W. Grimes waterline right-of-way running through property owned by Continental Homes of Texas, L.P. ("Developer"), and WHEREAS, the City desires to expeditiously design, engineer and construct the waterline, conditioned upon Developer paying the City for a portion of the cost of the waterline attributable to its development, and WHEREAS, the Developer desires to partially reimburse the City for costs expended in the construction of the waterline through 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 Development Agreement with Continental Homes of Texas, L.P. regarding A.W. Grimes Waterline, 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, and the Act. RESOLVED this 27th day of September 2001. MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe • Mayor Stluka Noes: None ACTION: The motion carried unanimously. 15.F.6. Consider a resolution authorizingthe he Mayor to execute a Development Agreement with PRA Hickerson, L. P. regarding A.W. Grimes Waterline. Jim Nuse,Public Works made the staff presentation. The City desires to construct a 16"waterline running through the property, along and within the A.W. Grimes Boulevard right-of-way. The purpose of the agreement is to provide for the reimbursement to the City for the cost of construction of the waterline through the property. The cost of the 16"waterline in the A.W. Grimes right-of-way that will be funded by developers is $146,719.96. RESOLUTION NO. WHEREAS, the City of Round Rock desires to construct a 16" waterline along and within the A. W. Grimes Boulevard right-of-way running through property owned by Today • PRA Hickerson, L.P. ("Developer"), and WHEREAS, the City desires to - expeditiously design, engineer and construct the waterline, conditioned upon Developer paying the City for a portion of the cost of the waterline attributable to its development, and WHEREAS, the Developer desires to partially reimburse the City for costs expended in the construction of the waterline through 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 Development Agreement with Today PRA Hickerson, L.P. regarding A. W. Grimes Waterline, 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 99 SEPTEMBER 27, 2001 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September 2001. MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 9:34 p.m. Respectfully Submitted, 0 U MA Joanne Land,Assistant City Manager/ City Secretary • • OCTOBER 11, 2001 The Round Rock City Council met in Regular Session on Thursday, October 11, 2001 in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE SESSION TO ORDER—6:30 P.M. ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl • Palmer Councilmember Isabelallah G an and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 051.072 Government Code, related to the purchase of real property for right-of-way. 1) 4.525 acres—.Wilbur Wilson, et al for the Greenlawn Boulevard extension 2) 0.73 acres—Geistman Tract for Highway 79 improvement project The Counci4ntered into Executive Session at 6:35 p.m. and 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 Robert A. Stluka, Jr.,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Sharon Prete, Parks and Recreation Director introduced staff members of the Parks and Recreation Department who made a flag on their personal time in honor of those lives lost in the New York tragedy. The flag is hanging in front of the Library. • Rick Atkins, Assistant Parks and Recreation Director reported that the Senior Center van has arrived and is ready to be used. Jo Updegraff and Beth Carlile members of the Senior Citizens Foundation presented the Council with a check for$9,000 to help pay for the Senior Center van. John Gordon, Mesa Village asked that due to the tragic events of September 11'that all new utility system employees need to have a through investigation on their background. Also, 9. 2 OCTOBER 11, 2001 that the Council needs to be aware that the new Economic Development Plan will cost"millions of dollars." Mayor Stluka recognized Boy Scout Troop 145 who was attending the Council meeting as a merit badge requirement. The Scouts introduced themselves to the Council. Mayor Stluka read a letter that was received from the City's Sister City, Lake Macquarie, which expressed their deepest sorrow on the tragedy of September 11". PROCLAMATIONS: 8.A. Consider a proclamation recognizing Lone Star Bakery's 75th Anniversarx Mayor Stluka read the appropriate proclamation and noted that he will be presenting it to Mr. and Mrs. Cohrs during the celebration on Saturday, October 13"'. PRESENTATIONS: 9.A.1. Consider a presentation regarding the Round Rock Police Department's receipt of a 3CMA Award. Will Hampton, Communications Director outlined the criteria for this award. The Police Department received this award for the Community Policing Program. 9.B.1. Consider a presentation by.Turner, Collie &Braden regarding the proposal by the Brushy Creek Water Control and Improvement District (WCID)to divide the current district into • two separate districts. Jim Nuse, Director of Public Works introduced Daron Butler, Brushy Creek WCID Boardmember who addressed this item. There are 46 dams in the WCID watershed. Of the 19 high hazard dams, 17 are in the upper portion of the watershed. As presently constituted, the WCID has insufficient revenues to maintain and upgrade the dams. A proposition was placed on the November 2000 ballot for a tax to repair the dams but that proposition failed. As it turned out the voters on the east side of the district were against the tax and the voters on the west side of the district were for the tax. So, it was determined that it was time to ask the voters to divide the district. Passage of the proposal will allow the residents in these two districts to improve and maintain the structures. A proposition will be placed on the November 6, 2001 ballot for the voters to decide if they approve the division of the district. is 9.B.2. Consider a presentation on the Historical Downtown Sidewalk and Pedestrian Access Improvements Project. This item was withdrawn from the agenda at the request of staff. 9.B.3. Consider a presentation regarding the advantages and disadvantages to the City in establishing a Regional Mobility Authority. Tom Word, Chief Traffic Engineer made the staff presentation. He outlined the feasibility of creating a regional transportation system that can 93 OCTOBER 11, 2001 move people and commerce in a safe and efficient manner. He noted that a Regional Mobility Authority would provide some alternatives to transportation to the City's citizens and provide relief to congested highways and roadways. 93.4. Consider a presentation to discuss the development of a Public Transportation Plan for the City of Round Rock. Tom Word, Chief Traffic Engineer made the staff • presentation. As the City continues to grow a Public Transportation Plan will provide a road map for addressing mobility needs of the citizens of Round Rock. The Public Transportation Plan is a policy document that describes the City's vision for public transportation in the future. It will outline the types of transportation to serve the City. It will examine whether the City should seek it's own RTA designation from the State. In addition costs and funding alternatives will be identified. There will be citizen participation in the development of the policy. When the document is completed it will provide a communication tool for where the City is going in Public Transportation. Mr. Word concluded that staff will be bringing back a proposal to hire experts to develop the Plan. The cost for this service will be approximately$200,000 to $250,000. • CONSENT AGENDA: The following items were considered to be 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.B.1. Consider an ordinance authorizing the placement of stop signs at certain intersections in the Greenlawn Place Subdivision. (Second Reading) *11.13.2. Consider an ordinance designating the intersection of Bluffton Drive and Lake Forest Drive as an all-wasp intersection. (Second Reading) *11.B.3. Consider an ordinance designating the intersection of Lord Byron Circle at Lord Byron Circle as a stop intersection. (Second Reading) • *12.C.1. Consider a resolution authorizingthe closing of a ortion of Harrell Parkwa —p y on October 20, 2001 for the Outlaw Trail 100 Bicycle Tour. *12.C.2. Consider a resolution authorizing the closing of a portion of Liberty Street and a portion of Blair Street on October 13, 2001 for a celebration of the 75th anniversary of Lone Star Bakery. 94 OCTOBER 11, 2001 *12.D.1. Consider a resolution authorizingthe to execute a Gas Line Easement to TXU Gas Company., *12.D.2. Consider a resolution authorizing the Mavor to execute a Telephone Line Easement to Southwestern Bell Telephone CompM. *12.E.1. Consider a resolution authorizing the Mavor to execute a Real Estate Contract • with Champion-Meier Assets, Ltd. for right-of-way for the CR 113 project. *12.E.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Parrish Gang, Ltd. for right-of-way for the CR 113 project. *12.17.1. Consider a resolution authorizingthe he Mayor to execute a contract with Dal- Mac Construction Company for the Additions and Renovations for the Street Department and the Vehicle Maintenance Facility. *12.F.2. Consider a resolution authorizingthe e Mayor to execute a contract with Richard Waters Construction, Inc. for the construction of the Re-Route of Wastewater Network(EW01). *12.F.3. Consider a resolution authorizing the Mayor to execute an Additional Services Authorization with Baker-Aicklen&Associates Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane. MOTION: Councilmember Palmer 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 Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. ORDINANCES: 11.A.1. Consider an ordinance adopting the 2001-2002 Hotel Occupancy Tax Budget. • (Second Reading)David Kautz,Finance Director made the staff presentation. The Hotel Occupancy Tax budget is funded by a local hotel occupancy tax rate of 7% on the cost of hotel rooms. The Hotel Occupancy Tax budget provides funding for tourism, the arts and the convention center/stadium complex debt service in a manner established by state law. Mr. Kautz briefly outlined the following budget. 9. 5 OCTOBER 11, 2001 Total Tourism Events $ 77,800 Total Arts Support $ 27,600 Total Tourism Support $144,600 Total Museum Support $ 10,000 Total Convention Center Project $690,590 Total Contingency 10,000 Total Expenditures $960,590 There have been no changes 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 2001-2002. MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • 1 LA.2. Consider an ordinance approving Amendment No. 2 to the FY 2000-2001 Operating Budget. (First Reading) David Kautz,Finance Director 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 additional sales tax revenue. Utilizing available cash for specific,non-recurring capital purchases reduces the need for borrowing, resulting in lower future tax rates. Budget Revision No. 2 is as follows: 2000-2001 Revised Budget#2 Variance General Fund Revenues $50,880,502 $1,581,000 Expenditures (50,139,083) (1,521,000) Total Change in Fund Balance $741,419 $60,000 • Utility Fund Revenues $20,936,700 0 Operating Expenditures (20,704,727) 0 Change in Working Capital $231,973 0 ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO.2 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 200-2001. OCTOBER 11, 2001 MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe S Mayor Stluka Noes: None ACTION: The motion carried unanimously. *11.B.1. Consider an ordinance authorizing the placement of stop signs at certain intersections in the Greenlawn Place Subdivision. (Second Reading)This item was approved under the consent agenda. The stop signs will be placed on Friarcreek Loop at Hampton Lane (both intersections); on Sedgewick Lane at Hampton Lane; on Sedgewick Lane at Southeastern Trail; on Hampton Lane at Southeastern Trail; on Courtney Cove at Southeastern Trail; and on Southeastern Trail at Stratford Drive. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF FRIARCREEK LOOP AND HAMPTON LANE, SEDGEWICK LANE AND HAMPTON LANE, SEDGEWICK LANE AND SOUTHEASTERN TRAIL, HAMPTON LANE AND SOUTHEASTERN TRAIL, COURTNEY COVE AND SOUTHEASTERN TRAIL, AND SOUTHEASTERN TRAIL AND STRATFORD DRIVE AS STOP INTERSECTIONS, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11.B.2. Consider an ordinance designating the intersection of Bluffton Drive and Lake Forest Drive as an all-way stop intersection. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF BLUFFTON DRIVE AND LAKE FOREST DRIVE AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11'.B.3. Consider an ordinance designating the intersection of Lord Byron Circle at Lord Byron Circle as a stop intersection. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF LORD BYRON CIRCLE AT LORD BYRON CIRCLE AS A STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. OCTOBER 11, 2001 RESOLUTIONS: 12.A.1. Consider a resolution adopting the Target Industry and Marketing Strategic Plan as a guide for the City's economic development efforts. Bob Bennett, City Manager made the staff presentation. This is the fourth Economic Development Plan for the City. In November • 2000 the Commission began working with Angelou Economics to develop an Economic Development Plan. The process for developing the plan has been very inclusive with much input being collected from business leaders and citizens. This plan will serve as a comprehensive guide for the City and Chamber's economic development efforts. It will focus the efforts on recruiting the target industries identified,provide an image (brand) for the City to be used by many entities, outline a marketing strategy, and encompass infrastructure and community development initiatives. The Economic Development Advisory Commission made a presentation at September 27, 2001 and recommended the acceptance of the Target Industry and Marketing Strategic Plan. RESOLUTION NO. WHEREAS, on October 26, 2000 the City Council adopted Resolution No. R-00-10-26- 13B 1 retaining the firm of Angelou Economics to develop an Economic Development Strategic • Plan, and WHEREAS, on January 25, 2001 the City Council adopted Ordinance No. G-01-01-25- 9C1 which created the Economic Development Advisory Commission("Commission"), and WHEREAS, the purpose of this Commission was to assist Angelou Economics in developing an Economic Development Strategic Plan, and to make recommendations to the City Council on matters pertaining to economic development, and WHEREAS,the Commission and Angelou Economics have developed and recommended that the City Council accept and adopt an Economic Develop Strategic Plan, entitled Target Industry and Marketing Strategic Plan,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Target Industry and Marketing Strategic Plan, a copy of which is attached hereto as Exhibit"A" and incorporated herein for all purposes, is hereby accepted 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 11th day of October 2001. MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember • Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 9 �- OCTOBER 11, 2001 12.B.1. Consider a resolution nominating members to the Williamson County Appraisal District Board. David Kautz,Finance Director made the staff presentation. The Williamson County Appraisal District(WCAD) is responsible for appraising property in the County at its market value for property taxation purposes. The 5-member Board of Directors sets policies for the WCAD and hires the chief appraiser. The Board also approves the WCAD annual budget, which is funded by prop-rated assessments of the taxing entities in the County. In addition, the • Board appoints the Appraisal Review Board, a quasi-independent group that hears and rules on property tax protests. The Board of Directors is instrumental in developing and maintaining an appraisal district that is well managed and fair to both individual taxpayers and the entities that depend upon property tax revenue to fund local government operations. Staff recommended that Bob Tagge, Ercel Brashear and Deborah Hunt be nominated for appointment to the Williamson County Appraisal District Board of Directors. RESOLUTION NO. WHEREAS, Section 6.03(f) of the Property Tax Code provides for the governing body of each taxing unit to nominate individuals for each position to be filled on the Williamson County Appraisal District Board of Directors, and WHEREAS, the Council of the City of Round Rock wishes to nominate the following • individuals: Bob Tagge Ercel Brashear Deborah Hunt NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council of Round Rock hereby nominates the individuals stated above for the Williamson County Appraisal District Board of Directors. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 1 lth day of October 2001. MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Ma - • y Mayor Pro tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 9 9 OCTOBER 11, 2001 12.B.2. Consider a resolution granting authority to the Mayor to execute an electrical power purchase contract with a Retail Electric Provider to provide electric power to the City. David Kautz, Finance Director made the staff presentation. In June 2001, the City joined the Governmental Aggregation Project, Inc., (GAP). The GAP is comprised of member cities and exists for the purpose of bidding electric supply purchases and negotiating electric supply • contracts on behalf of the members. The GAP is in the final stages of negotiating the power supply contracts and receiving final pricing from Retail Electric Providers. Pricing will reflect market conditions at a specific point in time and, if it is in the City's best interest to participate in the GAP, the City must be positioned to timely execute an electric power supply contract. This item does not bind the City to any agreement or course of action; there is no cost associated with this item. A deregulated electric power supply market place is intended to provide competitive electric power supply costs to users. RESOLUTION NO. WHEREAS, under Senate Bill 7 of the 76"'Legislature (1999) the Texas Legislature deregulated the purchase of electric power in the State of Texas effective January 1, 2002, and WHEREAS, the Texas Local Government Code, Chapter 303, Section 303.001 authorizes political subdivisions to join together to create a political subdivision corporation to • aggregate their power loads as customers to purchase power, and WHEREAS,the City of Round Rock("City"), in order to aggregate it's power load with other cities,joined the Governmental Aggregation Project, Inc. ("GAP"), a political subdivision corporation aggregator registered with the Texas Public Utility Commission("PUC"), and WHEREAS, GAP is in the process of negotiating a competitive Electrical Power Purchase Contract on behalf of its members to purchase electric power with several Retail Electric Providers ("REP"), all of which are properly registered with the PUC, and WHEREAS, in order for the City to timely execute an electric power supply contract with a REP to obtain the best price in the volatile energy market, this Resolution authorizes the execution of such a contract by the City to purchase power from a Retail Electric Provider, as recommended by GAP,provided the terms of this Resolution are complied with,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1: The Mayor may execute, on behalf of the City, a contract to purchase power between the City and a Retail Electric Provider in accordance with the terms of this Resolution. Section 2: The Mayor may only execute an electric power supply contract("Contract") with an REP in the event the following conditions are strictly complied with: (i) the term of the Contract is no less than one year and no more than two years; (ii) that either: (a) the price of the power on a KWH basis is at least twelve percent(12%) less than the "price to beat" price in the City's service area, as determined • by the Public Utility Commission of Texas, if such information is available at the time of the execution of the Contract; or (b) if"price to beat" information is not available, then the price per KWH shall be competitive as to other known KWH charges, considering the terms of the Contract and the competitive KWH Contract terms; (iii) the Contract provides for no liability to the City, except as to the electrical power used by the City; and (iv) that the REP recommend by GAP was selected in a competitive process, in which the recommended REP offers the most competitive and beneficial Contract to the City when considering the following factors: (a) price per KWH; 1 Q0 OCTOBER 11, 2001 (b) the amount, if any, of premiums to be paid by the City for using either less or more electrical power than its historic power usage; and (c) ability to provide detailed, consolidated billing for the City and to provide current electrical load data for the City. Section 3: This Resolution shall take effect upon adoption. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October, 2001 MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *12.C.1. Consider a resolution authorizing the closing of a portion of Harrell Parkway on October 20, 2001 for the Outlaw Trail 100 Bicycle Tour. This item was approved under the consent agenda. This is the event's fourteenth year. • g Y RESOLUTION NO. WHEREAS, the Parks and Recreation Department of the City of Round Rock has requested that a portion of Harrell Parkway, as depicted on the map attached hereto as Exhibit "A",be closed from 5:00 o'clock a.m. until 5:00 o'clock p.m. on October 20, 2001 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, as depicted on the map attached hereto as Exhibit"A", be closed from 5:00 o'clock a.m. until 5:00 o'clock p.m. on October 20, 2001 for the Outlaw Trail 100 Bicycle Tour. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October, 2001. *12.C.2. Consider a resolution authorizing the closing of a portion of Liberty Street and • a portion of Blair Street on October 13, 2001 for a celebration of the 75th anniversary of Lone Star Bakery. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Lone Star Bakery has requested that the 100 block of Liberty Street and the 200 block of Blair Street, as depicted on the map attached hereto as Exhibit "A", be closed 101 OCTOBER 11, 2001 from 11:00 o'clock a.m. until 4:00 o'clock p.m. on October 13, 2001 for a celebration of the 75th anniversary of Lone Star Bakery, 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 100 block of Liberty Street and the 200 block of Blair Street, as depicted on the map attached hereto as Exhibit"A", be closed from 11:00 o'clock a.m. until 4:00 o'clock p.m. on October 13, 2001 for a celebration of the 75th anniversary of Lone Star Bakery. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting • was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October, 2001. *12.D.1. Consider a resolution authorizing the Mayor to execute a Gas Line Easement to TXU Gas Company.,This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to convey a gas line easement to TXU Gas Company across a portion of Old Settlers Park at Palm Valley,Now Therefore BE IT RESOLVED BY 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 Gas Line Easement to TXU Gas Company, a copy of said Gas Line 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 11th day of October, 2001. *12.D.2. Consider a resolution authorizing the Mayor to execute a Telephone Line Easement to Southwestern Bell Telephone Company. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to convey a telephone line easement to Southwestern Bell Telephone Company across a portion of Meadow Lake Park, and WHEREAS, said easement is to be utilized to construct and maintain a telephone line for the future sites of an elementary and middle school,Now Therefore BE IT RESOLVED BY 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 Telephone Line Easement to TXU Electric Company, a copy of said Telephone Line 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 11th day of October 2001. *12.E.1. Consider a resolution authorizingthe to execute a Real Estate Contract with Champion-Meier Assets, Ltd. for right-of-way for the CR 113 project. This item was approved under the consent agenda. 102 OCTOBER 11,2001 �I RESOLUTION NO. WHEREAS, the City desires to purchase a 0.753 acre tract of land for additional right-of- way for the CR 113 Project, and WHEREAS, Champion-Meier Assets, Ltd., the owner of the property, has agreed to sell said property to the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Champion-Meier Assets, Ltd., for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and • incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 1 lth day of October, 2001. *12.E.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Parrish Gang, Ltd. for right-of-way for the CR 113 project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.161 acre tract of land for additional right-of- way for the CR 113 Project, and WHEREAS, Parrish Gan Ltd. the owner of theproperty, has a eed to sell said Gang, �' 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 Parrish Gang, Ltd., for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October, 2001. 12.E.3. Consider a resolution authorizingthe e Mayor to execute a license agreement with the American Society of Composers, Authors and Publishers for the use of copyrighted music for public performances. Steve Sheets, City Attorney made the staff presentation. This agreement will enable the City to perform or play music at various events without violating federal copyright laws. Pursuant to the Copyright Law of the United States, creators and owners of is copyrighted musical works have the exclusive right to perform or authorize the performance of their works publicly. Therefore, other parties like municipalities cannot publicly perform copyrighted works without the permission of the copyright owner. This means that in order to _ play or perform music in public, including music performed or played at festival, concerts, sporting events, community centers, swimming pools, dances, aerobics classes, etc., a 103 r OCTOBER 11, 2001 municipality must have license or is in violation of the federal copyright law. The cost for this license is $500.00. In addition, the City will not be subject to damages for violating copyright law. RESOLUTION NO. WHEREAS,pursuant to United States Copyright Law, creators and owners of • copyrighted musical works have the exclusive right to perform or authorize the performance of their works publicly; and WHEREAS,pursuant to United States Copyright Law,persons or entities cannot publicly perform copyrighted works without the permission of the copyright owner; and WHEREAS, in a municipality such as the City of Round Rock, copyrighted music may be performed in a multiple variety of contexts; and WHEREAS, the City of Round Rock wishes to act within the bounds of federal copyright law and avoid any liability from violating of such law; and WHEREAS,the American Society of Composers, Authors and Publishers (ASCAP) has presented the City of Round Rock with a licensing agreement that would cover the majority of public performances of copyrighted music for a fee of$500,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized to execute the license agreement proposed by ASCAP, attached hereto as Exhibit"A" and incorporated herein, and to pay the $500 fee to ASCAP for such license. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 11th day of October, 2001. MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 12.E.4. Consider a resolution authorizing the settlement of an eminent domain proceedingto acquire 4.525 acres of right-of-way from Wilbur Wilson, et al for the Greenlawn Boulevard extension project. Steve Sheets, City Attorney made the staff presentation. The • Council previously authorized the acquisition of this right-of-way b eminent domain. This right- of-way q Y of-way is needed to extend Greenlawn Boulevard. RESOLUTION NO. WHEREAS, the City Council has previously authorized the acquisition by eminent domain of 4.525 acres of right-of-way from Wilbur Wilson, et al for the Greenlawn Boulevard extension, and WHEREAS, the Council wishes to respond to a settlement offer from said owners for the acquisition of said right-of-way,Now Therefore a �• K_� r- OCTOBER 11, 2001 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby authorizes the payment of$790,000.00 in settlement of the eminent domain proceedings to acquire said right-of-way. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October, 2001. MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 12.E.5. Consider a resolution determining the need for 0.73 acres of right-of-way for the Highway 79 improvement project, authorizing eminent domain proceedings and authorizing a settlement offer. (Geistman Tract) Steve Sheets, City Attorney made the staff presentation. This property has been identified as necessary for the Highway 79 expansion project. This will allows • for needed widening of Highway 79. RESOLUTION NO. WHEREAS,the City Council,upon consideration of the matter, has determined that there continues to exist a public necessity for the welfare of the City of Round Rock and the public-at- large to expand, widen and maintain U.S. Highway 79, and to perform associated public purposes ("Project"); and WHEREAS, the City of Round Rock,has a need to acquire approximately 0.73 acres of land in Williamson County, Texas, in fee simple, said land more particularly described in Exhibit "A," attached hereto and incorporated herein by reference for all purposes; hereinafter referred to as ("Property"); for the above stated Project; and WHEREAS, the City Attorney has already engaged in negotiations with the landowner, was unable to agree on the amount of compensation to be paid the landowner for the acquisition of the Property, and has filed proceedings in eminent domain in order to acquire the Property; and WHEREAS, since the filing of the petition in eminent domain, the landowner has expressed a willingness to settle the condemnation proceedings, a determination should be made as to the maximum dollar amount the City will tender in settlement of this action,Now Therefore • BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS: That it is necessary for the welfare of the City and its citizens and is in the public interest to expand, widen and maintain U.S. Highway 79, and to perform associated public purposes and to acquire fee simple title in and to the above described land, in order to allow the City and/or its assigns to complete said Project. That the City Attorney is authorized to continue negotiations to settle the pending condemnation action. That the maximum amount that the City of Round Rock will tender in any settlement of this matter, aside from any awards or judgment entered in said action, shall be $$425,000. That if it is determined that settlement of this case cannot be reached at or below this amount,then the City Attorney is further authorized to continue the pending suit in eminent OCTOBER 11, 2001 domain against the owners and interested'parties of the Property to acquire fee simple title in and to the above described land, in order to allow the City and/or its assigns to complete said Project, and to perform and undertake all other proceedings necessary to complete the acquisition of the Property. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 11th day of October, 2001 MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro_-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *12.F.1. Consider a resolution authorizing the Mavor to execute a contract with Dal- Mac Construction Company for the Additions and Renovations for the Street Department and the • Vehicle Maintenance Facility. This item was approved under the consent agenda. Dal-Mac Construction Company submitted the low bid of$585,000. The base bid total is $577,000 plus an alternate#2 bid for an open bay metal building in the amount of$8,000. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Additions and Renovations for the Street Department and the Vehicle Maintenance Facility, and WHEREAS, Dal-Mac Construction Company has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Dal-Mac Construction Company,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Dal-Mac Construction Company for the Additions and Renovations for the Street Department and the Vehicle Maintenance Facility. The Ci Council hereby finds and declares that written notice of the date hour, lace and City Y , p subject of the meeting at which this.Resolution was_adopted,was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the • subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October, 2001. *12.F.2. Consider a resolution authorizing the Mayor to execute a contract with Richard Waters Construction Inc. for the construction of the Re-Route of Wastewater Network(EW01). This item was approved under the consent agenda. This project is necessary due to the existence OCTOBER 11,2001 of numerous old wastewater lines in the area of the new YMCA sports fields complex at Mays Street and Old Bowman Road. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of the Re-Route of Wastewater Network(EWO1), and WHEREAS, Richard Waters Construction, Inc. has submitted the lowest responsible bid, and • WHEREAS, the City Council wishes to accept the bid of Richard Waters Construction, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Richard Waters Construction, Inc. for the Re-Route of Wastewater Network (EWO 1). The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October 2001. *12.F.3. Consider a resolution authorizing the Mayor to execute an Additional Services Authorization with Baker-Aicklen&Associates. Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane. This item was approved under the consent agenda. This authorization is to evaluate the existing easements within the new right-of-way for • eight parcels. The cost of these services is $3,500. 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 an Additional Services Authorization for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Additional Services Authorization with Baker-Aicklen &Associates, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Additional Services Authorization for a change in the scope of services, a copy of said authorization being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by • the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October 2001. 12.F.4. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with RGM Constructors, L.P. for the A.W. Grimes, Phase I Construction Project. Jim Nuse, Director of Public Works made the staff presentation. This change order is for quantity changes and decreases associated with the waterline installation. The net increase to the contract is $194,760.20. Along with the construction of the A. W. Grimes Roadway a main water i 1...0;'T OCTOBER 11,2001 transmission line will be installed to feed future development, and meet the citizens water needs. As it is with all large construction projects the cost is a substantial outlay. Developer participation in the cost will ease the financial obligation of the City. The water transmission line will help to meet the future needs of the city and expand the water distribution system. 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. 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 RGM Constructors, L.P. for the A.W. Grimes, Phase I Construction Project, a copy of said change order being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October, 2001. MOTION: Councilmember Pitt moved to approve the resolution. Councilmember • McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 12.17.5. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with RGM Constructors, L.P. for the A.W. Grimes, Phase I Construction Project. Jim Nuse, Director of Public Works made the staff presentation. This change order is for accelerating and re- sequencing construction activities on the north side of Gattis School Road. This change order is • in the amount of $56,821.17. The City was asked to facilitate the acceleration of the A. W. Grimes road construction north of Gattis School Road for approximately 750 feet in order to have a completed roadway section to serve the Red Hills Villas Apartments. This roadway section will manage the apartment traffic and lessen the impact on the surrounding neighborhood roads. The traffic generated by these new apartments will be more effectively managed by a speedy completion of this small section of A. W. Grimes Roadway. By accelerating the OCTOBER 11, 2001 construction of this section of A. W. Grimes, the traffic generated by the apartments will be managed in a more effective way, thereby reducing the traffic impact on surrounding neighborhoods. 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 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. 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 RGM Constructors, L.P. for the A.W. Grimes, Phase I Construction Project, a copy of said change order being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October, 2001. MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:43 p.m. Res ectfully Submitted, J nne Land, Assistant City Manager/ City Secretary • 1 0--:9, OCTOBER 25, 2001 The Round Rock City Council met in Regular Session on Thursday, October 25, 2001 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Came Pitt, Councilmember Earl • Palmer Councilmember Isabelall G ahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manage-r/ Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: Regular Session August 23, 2001 MOTION: Councilmember Palmer moved to approve the minutes as submitted. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka • Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Vince Petrolawicz, 1009 Hayden Way, expressed his concern regarding his wife, Christy's injury from a soccer ball while she sat in their back yard and of the constant disruption of privacy due to soccer balls being kicked into their back yard. He noted that he has spoken to the Soccer Association but to no avail. Mayor Stluka asked Police Chief Conner and Sharon Prete to meet with Mr. Petrolawicz and the Soccer Association to resolve Mr. Petrolawicz's concern. Michael Smith, 3435 Kiphen Road, outlined the events that have resulted regarding the proposed acquisition ofright-of-,way ta:i prove County Road 113 and the condemnation of his • property. Lewis Hayes, 2501 Louis Henna Blvd.,Apt. 818 and Marge Tripp, 3600 Oakridge, informed the Council that the Williamson County and Cities Health District would be sponsoring The Pedestrian Safety Workshop on November 14, 2001 at 101 E. Old Settlers Boulevard. This workshop is designed to mobilize the resources necessary to make Round Rock a safe place to bike and walk and is being funded by TxDOT. OCTOBER 25, 2001 PRESENTATIONS: 6.A.1. Consider a presentation concerningthe he implementation of Section 143 Civil Service, Local Government Code. Teresa Bledsoe, Human Resources Director made the staff presentation. On May 5, 2001, the citizens approved the proposition to implement Civil Service for the Round Rock Fire Department. Civil Service is governed by Section 143, Local Government Code that requires the implementation of Civil Service within 30 days of the • beginning of the fiscal year. Section 143 will now govern the hiring,promotion and disciplinary process related to sworn fire personnel. The Fire Chief is the only sworn staff individual that is not protected under the Civil Service. The implementation date for the Civil Service will be October 30, 2001. Ms. Bledsoe gave an overview of the implementation process that has been occurring since the approval of Civil Service on May 5a'. She outlined activities that the Civil Service Commission has completed as outlined in the rules of Civil Service. There are currently 82 sworn fire personnel. On November 8t' staff will bring forth an ordinance for the Council's consideration regarding Assignment Pay, Certification and Educational Incentive Pay and Revision of Sick and Vacation Leave Policies related to sworn fire personnel. In response to the question from Council,Ms. Bledsoe said that so far the implementation of Civil Service for the • Fire Department has cost the City$194,000. 6.B.1. Consider a presentation on the Memorial Tree Program..Emsud Horozovic, the City's Urban Forester gave a brief presentation on the new Memorial Tree Program. The Parks and Recreation Department has teamed with the non-profit organization,For the Love of Christi, to create a Memorial Tree Grove at Old Settlers Park at Palm Valley. The planting of trees is a way to provide a lasting memorial to deceased loved ones while offering many other benefits to the community. The trees enhance the natural beauty of the City, help to sustain the quality of the environment, and offer many other amenities for local residents. The first tree planting will be held on Saturday, October 27, 2001 of which 37 trees will be planted. A Oak tree will be planted in the center of the grove, in memory of those who lost their lives on the September 11`x' attack • on America. The dedication ceremony and unveiling of the memorial plaque that has the names of those who have passed on will be held on November 3Ta 6.C.1. Consider a presentation regarding an update on the Microsoft Project database Jim Nuse, Public Works Director made the staff presentation. The Public Works Department has compiled City projects on Microsoft Project in order to keep the Council, City OCTOBER 25, 2001 . management and the public informed with the current status on each of these projects. The project managers from the Public Works Department, as a team, have developed certain criteria for all of the City projects that will be posted on the City's website. This database will be updated to show the progress of the projects. Monique Adams who oversees the database gave a visual preview of the database and • the information it contains. The information that will be found on the project pages will be: • Name of the Project • Project Start Date • Project Finish Date • Funding Amount • Project Description • Progress of the project • Location map of the project She noted that currently this information is only accessed via Intranet but next week it will be on the main page of the City's website under projects. 6.C.2. Consider a presentation regarding the Alternative Contract Delivery System. Jim Nuse, Public Works Director made the staff presentation. As of September 1, 2001, cities are now able to avail themselves of 6 contract deliver methods other than standard competitive • bidding. These methods include Competitive Sealed Proposals, Construction Management at Risk and Design/Build. He outlined the Matrix of Project Delivery Methods that was provided to the Council. He explained the following contract methods and their possible applications for City projects. • Competitive Bidding—This is a delivery method wherein the District selects an architect, engineer to design and develop construction documents from which the District solicits lump sum bids. Selection is based on the lowest responsible bid and the contractor serves as a single point of responsibility for construction. • Competitive Sealed Proposals—This is a delivery method similar to competitive bidding. The District selects an architect, engineer to design and develop construction documents. Once documents are fully complete the District solicits sealed proposals. Selection is based on a combination of price and other factors that the District deems provide best value. • Request for Proposals - Construction Management at Risk—This is a method • where the construction manager serves as the general contractor providing pre- construction and construction services. The Construction Manager at Risk provides design phase consultation in evaluation costs, schedule, and implications of alternative designs, systems and materials during design and serves as a single point of responsibility contracting directly with the subcontractors during construction. • Request for Proposals—Construction Management, Agency—This is a method where the construction manager serves as an agent for the District providing pre- construction and construction services in lieu of a general contractor. The Construction Manager, Agent provides design phase assistance but holds no subcontracts nor provides project bonding for the construction. The District holds OCTOBER 25, 2001 the multiple trade contracts. Selection is based on the proposal offering the best value to the District. • Design/Build—This is a method where a single entity is contracted to provide both design and construction. The Design/Build team consists of contractor, architect and engineer. The Design/Builder contracts directly with the subcontractors and is responsible for delivery of the project. Selection is based on the proposal offering the best value to the District. • Design/Build—Bridging—This method is a form of design/build where the • District selects an architect, engineer to prepare the "design criteria package" which is more comprehensive and enables a District to receive competitive proposals from the Design/Build teams. • Job Order Contracting—This is a process for contracting for the minor repair, rehabilitation, or alteration of facilities when the work is of a recurring nature but the delivery times, type, and quantities of work required are indefinite. Mr. Nuse proceeded to explain the pros, cons,best suited and least suited of the methods. J. Kay Gayle of the City Attorney's office gave a brief overview of the new legislation, which goes into effect on September 1, 2001. She added that the Council makes the final decision and approves a resolution concerning the type of method that will be used for each particular project. Larry Madsen, Construction Manager gave an overview on how these opportunities can be used for the Municipal Office Complex. Currently, staff recommended that the Competitive • Sealed Proposals method be used for this project. In addition, the firm of Ford White &Nassen P.C. has agreed to assist the City with its first implementation of the new competitive sealed proposal procurement method in connection with the new Municipal Office Complex. 6.D.1. Consider a request for a Tax Abatement Agreement from DuPont Photomasks Inc. Gary Kasprzyk of DuPont Photomasks, Inc. made a presentation on their request for a tax abatement agreement. DuPont is investing $27 million to upgrade their facility with the latest technology. The capital investment in the JEOL tool has precipitated the additional investment for a complete new 0.1Oum technology line. Whenever, a next generation tool is installed, there are complementary tools, that are required to support the full process of the next generation products, (approximately 27M for the line). This investment is critical to Dupont's customers, • next generation products, and the migration of sub-micron features. This investment represents the prudent position in the Semiconductor Industry,to ensure leading-edge capability, and therefore, additional market share and resource allocation, as Dupont's business continues to grow. The need for highly skilled personnel will be an attribute of this expansion. This investment will result in the creation of ten new jobs and a significant increase in taxable tangible 113, OCTOBER 25, 2001 property. Dupont's customer base(Motorola, AMD, Micron, TI, etc.) is driving the technology, from which Dupont needs to be ready to support. This will be the second tax abatement agreement DuPont would be receiving. Over a five-year period at the current ad valorem tax rate, the value of the abatement will be worth approximately$312,142. CONSENT AGENDA: • The following items were considered to be 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.1. Consider a resolution appointing Election Day officials. *9.D.1. 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 27, 2001 for the Annual Oak Bluff Homeowners Association Halloween Carnival. *9.D.2. Consider a resolution authorizing the closing of a portion of Green Oaks Circle from 3:00 o'clock p.m. until 6:00 o'clock p.m. on October 28, 2001 for the Annual Apache Oaks Neighborhood Association Fall Festival. • *9.D.3. Consider a resolution authorizing the closing of a portion of Hawk Ridge Street from 4:00 o'clock p.m. until 8:00 o'clock p.m. on November 3, 2001 for an Eagle Ridge Homeowners Association block party. *9.E.1. Consider a resolution authorizing the Mayor to execute an Electrical Line GuX Wire Easement to TXU Electric Company. *9.E.4. Consider a resolution authorizing the City Manager to issue a purchase order to Total Recreation Products, Inc. for the purchase of playground equipment in Meadow Lake Park. MOTION: Councilmember Palmer 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 Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. ORDINANCES: 11. 4 OCTOBER 25, 2001 8.A.1. Consider an ordinance apU Q rovin Amendment No. 2 to the FY 2000-2001 Operating Budget. (Second Reading) David Kautz, Finance Director made the staff presentation. This budget amendment allocates available cash from this fiscal year to specified capital purchases. The available funds are provided primarily by additional sales tax revenue. Utilizing available cash for specific,non-recurring capital purchases reduces the need for borrowing, resulting in lower future tax rates. Budget Revision No. 2 is as follows: • 2000-2001 Revised Bud-get#2 Variance General Fund Revenues $50,880,502 $1,581,000 Expenditures (50,139,083) ( 1,521,000) Total Change in Fund Balance $ 741,419 $ 60,000 Utility Fund Revenues $20,936,700 0 Operating Expenditures (20,704,727) 0 Change in Working Capital $ 231,973 0 The first reading of the ordinance was approved on October 11, 2001. ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO.2 TO THE OPERATING BUDGET • OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 200-2001. MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 8.B.1. Consider an ordinance adopting the 2001-2002 Community Development Block Grant Budget. (First Reading) Mona Ryan, Community Development Coordinator made the staff presentation. The 2001/2002 Community Development Annual • p ty p Action Plan was adopted by Resolution R01-08-09-13C1 and approved by the Department of Housing and Urban Development on October 1, 2001. Adoption of the annual budget allows the implementation of Community Development Block Grant planned activities for the next fiscal year. Programs identified in the Annual Action Plan will directly benefit the low to moderate-income citizens of Round Rock. Following is the proposed CDBG Fund#790 2001-2002 Budget. 115 OCTOBER 25, 2001 Beginning Estimated Unreserved Fund Balance 10/1/01 $ 0 REVENUES: CDBG $678,469 Program Income 3,600 Total Revenues $682,069 EXPENDITURES: 2000 Program Grant Funding • Project 1: Neighborhood Enhancements $11,639 Project 2: Economic Opportunities(a) 766 Project 3: Home Ownership Assistance 0 Project 4: Program Administration 0 Subtotal 1999 Program Grant Expenditures $12,405 2001 Program Grant Funding Project 1: Neighborhood Enhancements $11,545 Project 2: Economic Opportunities 40,569 Project 3: Home Ownership Assistance 109,000 Project 4: Program Administration 0 Project 5: Public Services 38,950 Subtotal 2000 Program Grant Expenditures $200,064 2002 Program Grant Funding Project 1: Neighborhood Enhancements $40,000 Project 2: Economic Opportunities (a) 53,600 Project 3: Home Ownership Assistance 135,000 Project 4: Program Administration 70,000 Project 5: Public Services 69,900 • Project 6: Lead-Based Paint 20,000 Project 7: Rehab. Existing Homes 81,100 Subtotal 2000 Program Grant Expenditures $469,600 Total Expenditures $682,069 Operating Reserves ro> 0 Estimated Unreserved Fund Balance 9/30/02 0 (a) The 2001-2002 revised Budget reallocates $12,753.27 in remaining Program Administration grant funding. $753.27 will be used in Project 2 (Microenterprise Assistance Center) and $12,000 will be used in HOAP, Project 3. The remaining balance in Project 4 is being reallocated to Project 2 and Project 3 per HUD requirements. cb> Operating Reserves are established in accordance with operating reserve policies. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2001-2002 FISCAL YEAR. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Palmer • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 11 OCTOBER 25, 2001 RESOLUTIONS: *9.A.1. Consider a resolution appointing Election DU officials. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, on September 13, 2001, the City Council of the City of Round Rock, Texas approved calling a bond election to be held on November 6, 2001 and approved a • "RESOLUTION CALLING A BOND ELECTION FOR NOVEMBER 6, 2001; MAKING PROVISION FOR CONDUCTING THE ELECTION; AND RESOLVING OTHER MATTERS RELATED TO SUCH ELECTION," (the 'Election Resolution"); and WHEREAS, pursuant to the provisions of the Texas Election Code, as amended, and the Election Service Contract with Williamson County the City Council deems it advisable to appoint the election judges and clerks to conduct the bond election. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. Appointment of Election Day Judges. The Presiding and Alternate Presiding Judges for the Election Day polling places shall be as follows: ELECTION DAY POLLING PLACES ELECTION DAY JUDGES AND ALTERNATE PRESIDING JUDGES Williamson County Election Precinct 119 Sandra Talton, Presiding Judge Howard Earls, Alternate Presiding Judge For the portion of Williamson County Election Joye Braden Seebo, Presiding Judge Precinct 122 located within the City Alicia M. Gamez, Alternate Presiding Judge • For the portion of Williamson County Election Kathleen Ann Uhler, Presiding Judge Precinct 135 and Temporary Election Precinct , Alternate Presiding Judge 255 located within the City Williamson County Election Precinct 137 Edwin L. LeBreton, Presiding Judge Carlton Hornbeck, Alternate Presiding Judge For the portion of Williamson County Election David Howard, Presiding Judge Precinct 138 located within the City Marie Zumbahlen, Alternate Presiding Judge For the portion of Williamson County Election Peggy M. Gray, Presiding Judge Precinct 149 located within the City Pollyanna Garrod, Alternate Presiding Judge Williamson County Election Precincts 150 and Geraldine M. Hughes, Presiding Judge 172 Teresa Erikson, Alternate Presiding Judge For the portion of Williamson County Election Nelda Click, Presiding Judge Precinct 382 located within the City , Alternate Presiding Judge Williamson County Election Precinct 423 John Gordon, Presiding Judge • Lorraine Ketchum, Alternate Presiding Judge For the portion of Williamson County Election Charlene Rhodes, Presiding Judge Precinct 424 located within the City Dorothy Burk, Alternate Presiding Judge For the portion of Williamson County Election M. Carol Fielding, Presiding Judge Precinct 436 located within the City Kathleen Oltmanns, Alternate Presiding Judge Williamson County Election Precinct 455 Carolyn Schaefer, Presiding Judge 1�- 1= 7j OCTOBER 25, 2001 Anna Grimes, Alternate Presiding Judge For the portion of Williamson County Election John H. Zupfer, Presiding Judge Precinct 463 located within the City Diane Gill, Alternate Presiding Judge For the portion of Williamson County Election Karen Adair Murphy, Presiding Judge Precinct 480 and Temporary Election Precinct Jolene M. Evans, Alternate Presiding Judge 202 located within the City • For the portion of Williamson County Election Martin Blaker, Presiding Judge Precinct 484 located within the City Florence Blaker,Alternate Presiding Judge Il. Custodian of Records and All Necessary Action. The Williamson County Elections Administrator, John Willingham, shall serve as the Custodian of Election Records for the joint election. The Mayor is hereby authorized to take all actions necessary in connection with the bond election in accordance with the Texas Election Code and the Election Services Contract with Williamson County. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October 2001. 9.B.1. Consider a resolution formally implementing Chapter 143, Texas Local Government Code, pertaining to Municipal Civil Service, effective October 30, 2001. A • presentation was given for this item earlier in the meeting. Section 143.006(a) of the Texas Local Government Code mandates this action. RESOLUTION NO. WHEREAS, Texas Local Government Code, Section 143.006(a)prescribes a deadline for implementing Chapter 143 dealing with Municipal Civil Service, and WHEREAS, such deadline is "within 30 days after the date the municipality's first full fiscal year begins after the date of the adoption election," and WHEREAS, the date of Round Rock's adoption election was May 5, 2001, the beginning date of Round Rock's first full fiscal year after such election date was October 1, 2001, and the effective date of this Resolution implementing Chapter 143 is within thirty (30) days after October 1, 2001, and WHEREAS, the City Council desires to comply with all time requirements of the statute by formally implementing Chapter 143, Texas Local Government Code,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Chapter 143 of the Texas Local Government Code pertaining to Municipal Civil Service is hereby formally implemented,with an effective date of October 30, 2001. The City Council hereby finds and declares that written-notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting • was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary OCTOBER 25, 2001 MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe • Mayor Stluka Noes: None ACTION: The motion carried unanimously. 9.C.1. Consider a resolution authorizing the Mayor to execute a Funding_ApprovaU Agreement with the U.S. Department of Housing and Urban Development (HUD). Mona Ryan, Community Development Coordinator made the staff presentation. Resolution No. R-01-08-09- 13C1 adopted The 2001-2002 Community Development Annual Action Plan and the Plan was approved by the Department of Housing and Urban Development on October 1, 2001. 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 01-02 Community Development 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 2001-2002 Community Development Annual Action Plan that was adopted by the City Council on October 1, 2001,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Approval/Agreement with HUD for the above-described grant, a copy of said Approval/Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas • ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt 11;9 OCTOBER 25, 2001 Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *9.D.1. 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]2.m. on October 27, 2001 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 27, 2001 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 27, 2001 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 25th day of October 2001. *9.D.2. Consider a resolution authorizing the closing of a portion of Green Oaks Circle from 3:00 o'clock p.m. until 6:00 o'clock p.m. on October 28, 2001 for the Annual Apache Oaks Neighborhood Association Fall Festival. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Apache Oaks Neighborhood Association has requested that Green Oaks Circle from 2102 Green Oaks Circle to 2105 Green Oaks Circle be closed from 3:00 o'clock p.m. until 6:00 o'clock p.m. on October 28, 2001 for the Annual Apache Oaks Neighborhood Association Fall Festival, 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 Green Oaks Circle from 2102 Green Oaks Circle to 2105 Green Oaks Circle is closed from 3:00 o'clock p.m. until 6:00 o'clock p.m. on October 28, 2001 for the Annual Apache Oaks Neighborhood Association Fall Festival. • The City Council hereby fmds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October 2001. *9.D.3. Consider a resolution authorizing the closing of a portion of Hawk Ridge Street from 4:00 o'clock p.m. until 8:00 o'clock p.m. on November 3, 2001 for an Eagle Ridge Homeowners Association block party. This item was approved under the consent agenda. 2U OCTOBER 25, 2001 RESOLUTION NO. WHEREAS, the Eagle Ridge Homeowners Association has requested that Hawk Ridge Street from 3625 Hawk Ridge Street to 3704 Hawk Ridge Street be closed from 4:00 o'clock p.m. until 8:00 o'clock p.m. on November 3, 2001 for a block party, and WHEREAS, the Council wishes to grant such request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Hawk Ridge Street from 3625 Hawk Ridge Street to 3704 Hawk Ridge Street be closed from 4:00 o'clock p.m. until 8:00 o'clock p.m. on November 3, 2001 for a block party. The City Council hereby finds and declares that written notice of the date, hour, place and • subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October 2001. *9.E.1. Consider a resolution authorizing the Mayor to execute an Electrical Line Guy Wire Easement to TXU Electric Company. This item was approved under the consent agenda. This easement is in Old Settlers Park at Palm Valley. RESOLUTION NO. WHEREAS, the City desires to convey an electrical line guy wire easement to TXU Electric Company on a portion of Old Settlers Park at Palm Valley,Now Therefore BE IT RESOLVED BY 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 Electrical Line Guy Wire Easement to TXU Electric Company, a copy of said Electrical Line Guy Wire 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 25th day of October 2001. 9.E.2. Consider a resolution authorizingthe e Mayor to execute a contract with Muniz Concrete & Contracting, Inc. for the City Wide Trail System, Phase II, Old Settlers Park at Palm Valley Project. Sharon Prete, Parks and Recreation Director made the staff presentation. The trail system between the baseball and softball fields serves as the connecting pathways to parking areas,nearby fields and other areas of the park. The existing pathway is in poor condition. Construction of this trail system will provide a much-improved walking surface over the existing surface. The trail will be 8' wide and the construction timeline calls for construction to be • completed 60 days from the notice to proceed. Patrons who use the park will enjoy a wider and much improved walkway. Muniz Concrete & Contracting, Inc. will provide this service at a cost of$72,856.25. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the City Wide Trail System,Phase II, Old Settlers Park at Palm Valley Project, and u 121 OCTOBER 25, 2001 WHEREAS, Muniz Concrete & Contracting, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Muniz Concrete & Contracting, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Muniz Concrete & Contracting, Inc. for the City Wide Trail System, Phase H, Old Settlers Park at Palm Valley Project. The City Council hereby finds and declares that written notice of the date, hour, place and • subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas , ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer • Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 9.E.3. Consider a resolution naming the new road at Old Settlers Park at Palm Valley T.C. Oatts Lane. Sharon Prete,Parks and Recreation Director made the staff presentation. Thomas C. Oatts was born in Monticello, Kentucky on October 20, 1815. He moved to Texas in the late 1840's. Mr. Oatts is credited with naming Round Rock. The original name was Brushy Creek and another town had been called by the same name causing some confusion. In 1854 the postal authority asked Mr. Oatts to choose another name. Mr. Oatts and a friend, Jacob Harrell, spent many hours fishing on the Round Rock so he named the town"for the love of the old round rock." (Pouetsu p. 310). Mr. Oatts built the building that now stands at 4 Chisholm Trail. He is • buried in the Round Rock Cemetery. Namingthis road after an Old Settler will maintain the tradition started a number of years ago. RESOLUTION NO. WHEREAS, Thomas C. Oatts was born in Monticello, Kentucky, on October 20, 1815, moved to Texas in the late 1840's, and was one of the original Old Settlers of Round Rock, and WHEREAS, Thomas C. Oatts spent many hours fishing on the round rock located in Brushy Creek, and in 1854, when he was asked to name the town, he chose the name Round Rock, for his love of the old round rock, and 1. 2 2 OCTOBER 25,2001 WHEREAS, Oatts is buried in the Round Rock Cemetery and built the building that now stands at 4 Chisholm Trail,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the newly constructed road that connects County Road 122 and Aten Loop in Old Settlers Park at Palm Valley hereafter be named T.C. Oatts Lane in his memory. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 25th day of October 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None • ACTION: The motion carried unanimously. *9.E.4. Consider a resolution authorizingthe he Cit Manager to issue a purchase order to Total Recreation Products. Inc. for the purchase of playground equipment in Meadow Lake Park. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has a need for playground equipment in Meadow Lake Park, 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, Total Recreation Products, Inc. has submitted a quote to provide said playground equipment, and WHEREAS, the City Council wishes to accept the quote of Total Recreation Products, Inc.,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the quote of Total Recreation Products, Inc. is hereby accepted and the City Manager is hereby authorized and directed to issue a purchase order to Total Recreation • Products, Inc. for playground equipment for Meadow Lake 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 25th day of October 2001. 9.17.1. Consider a resolution approving and endorsingtapital Area Metropolitan Transportation Planning Organization's (CAMPO) 2025 Transportation Plan Tom Word, Chief 12. 3, OCTOBER 25, 2001 Traffic Engineer made the staff presentation. As part of a federally required metropolitan planning activity, CAMPO adopted the CAMPO 2025 Transportation Plan. This plan was developed cooperatively with local governmental entities and contains all the roads that are in Round Rock's Transportation Master Plan. CAMPO has requested member jurisdictions to adopt the CAMPO 2025 Plan as a condition of receiving Federal Transportation funds. RESOLUTION NO. WHEREAS, the Capital Area Metropolitan Transportation Planning Organization (CAMPO) has developed a 2025 Transportation Plan, which contains transportation policy and projects for the next 25 years, and WHEREAS, the City wishes to endorse::,the CAMPO 2025 Transportation Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby endorses the Capital Area Metropolitan Transportation Planning Organization 2025 Transportation Plan, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October 2001. ROBERT A. STLUKA, JR., Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 9.F.2. Consider a resolution approving amendments to the Transportation Capital • Improvement Plan for the Transportation System Development Corporation. Tom Word, Chief Traffic Engineer made the staff presentation. The Transportation Capital Improvement Plan (TCIP)is a two-year spending plan for improvements to roadway arterials in the City. Funding for this plan is provided through the %z% sales tax established to fund transportation improvements. The current TCIP was last amended on April 12, 2001. Changes in the scope of several projects requires that the TCIP be amended to shift funds between projects and to add a OCTOBER 25, 2001 new project to evaluate the creation of a Regional Mobility Authority to develop toll roads in our area. 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 the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember • Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 9.F.3. Consider a resolution approving the action of the Transportation System Development Corporation concerning Advance Funding Agreement for Standard Highway Improvements Projects (On-System)with the Texas Department of Transportation. Tom Word, Chief Traffic Engineer made the staff presentation. This funding agreement provides the same • terms as the one the City entered into with TxDOT for widening of US 79 at the ballpark and CR 122. The City agrees to prepare the construction plans, acquire all the right-of-way,pay 10% of the eligible utility relocation costs and 20% of the construction costs. TxDOT will pay 90% of the eligible utility relocation costs, 80% of the construction costs, and all the contract management and administration costs. Additionally, the City will pay for the two bridge OCTOBER 25, 2001 structures required for future Arterial A,which TxDOT is agreeing to construct with this project. This project is currently in the City's approved TCIP and will complete the divided highway improvements within the City and also include left turn lanes for A.W. Grimes Boulevard. The City's 20% share of construction costs is estimated to be $1,371,200. RESOLUTION NO. • WHEREAS, Commission Minute Order 108087 authorizes the Texas Department of Transportation ("TxDOT") to undertake and complete highway improvements generally described as the upgrade of US 79, from west of FM 1460 to Harrell Parkway, to a four-lane divided roadway, and WHEREAS, TxDOT requires the Round Rock Transportation System Development Corporation ("Corporation") to participate in said improvements by funding a portion of the improvements, and WHEREAS, the Corporation wishes to enter into an Advance Funding Agreement for Standard Highway Improvement Projects (On-System) with TxDOT for the upgrade of US 79, from west of FM 1460 to Harrel Parkway, to a four-lane divided roadway, and WHEREAS, the City Council wishes to approve of such action,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves the action of the Round Rock Transportation System Development Corporation in entering into an Advance Funding Agreement for Standard Highway Improvement Projects (On-System) with TxDOT for the upgrade of US 79, from west of FM 1460 to Harrel Parkway, to a four-lane divided roadway, a copy of said agreement attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting • was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe • Mayor Stluka Noes: None ACTION: The motion carried unanimously. 9.F.4. Consider a resolution approving the action of the Transportation System Development Corporation concerning_Agreement to Contribute Funds - City with the Texas Department of Transportation. Tom Word, Chief Traffic Engineer made the staff presentation. The Texas Department of Transportation is proposing to reconstruct FM 1460 from just North of 1 1 Z.6 OCTOBER 25,2001 Old Settlers Boulevard to US 79. The new roadway will be five lanes wide and will include curb and gutter, storm sewers, and side walks. This agreement would commit the City to fund 10% of the cost of right-of-way and eligible utility relocation costs, which are estimated by TxDOT to be $450,000. This is a primary access route for Stony Point High School. Additionally, this project is located on the A.W. Grimes corridor, and will complement the City's projects on that arterial. This project is included in the TCIP and is consistent with the City's Transportation Master Plan. RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation wishes to enter into an Agreement to Contribute Funds with the Texas Department of Transportation to acquire right-of-way for a highway project on FM 1460 from north of Old Settlers Boulevard to US 79, and WHEREAS, the City Council wishes to approve of such action,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves the action of the Round Rock Transportation System Development Corporation in entering into an Agreement to Contribute Funds with the Texas Department of Transportation to acquire right-of-way for a highway project on FM 1460 from north of Old Settlers Boulevard to US 79, a copy of said agreement attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 25th day of October 2001. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • 9.17.5. Consider a resolution authorizing the Mgyor to execute a letter agreement with PBConsult, Inc. for a comprehensive study outlining the advantages and disadvantages of establishing a Regional Mobility Authority. Tom Word, Chief Traffic Engineer made the staff presentation. During the last legislative session SB 342 was passed by the Texas legislature and a constitutional amendment authorizing the provisions of the bill are to be voted on by Texas 1211 x: OCTOBER 25,2001 voters in the November election. If this bill receives the voters' approval, it will give authority to the local government to petition the Texas Transportation Commission for a permit to establish a Regional Mobility Authority. On the surface it would appear that SB 342 provides an excellent opportunity for cities and counties to have a larger say in the development of highways in their districts while providing a financial incentive. PBConsult's scope of work will include the • following: 1 prepare a clear and concise analysis of SB 342. 2 research and develop a detailed g )p p Y ) p document describing the advantages and disadvantages of establishing a Regional Mobility Authority(RMA); 3)provide a tabulation of the total cost for constructing SH 45 North,US 183A, and Loop 1 including the cost to each county and city; 4)provide a tabulation of the anticipated toll revenue from each of these projects; 5)provide an estimate of the cost of establishing and operating an RMA; 6) document in summary form suitable for City purposes, the financial advantages and disadvantages of establishing an RMA; and 7)be available for meetings and presentations as required. The fee budget required for tasks 1-7 is $73,000 for professional time and a$2,000 allowance for direct out of pocket expenses incurred solely in connection with this engagement, a total of$75,000. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for a comprehensive study outlining the advantages and disadvantages of establishing a Regional Mobility Authority, and WHEREAS, PBConsult, Inc. has submitted a letter agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with PBConsult, 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 Engineering Services Agreement with PBConsult, Inc., for a comprehensive study outlining the advantages and disadvantages of establishing a Regional Mobility Authority, 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 25th day of October 2001. • ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution on the condition that Constitutional Amendment Proposition No. 15 on the November 6, 2001 ballot is approved. Councilmember Pitt seconded the motion. OCTOBER 25, 2001 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • 9.17.6. Consider a resolution authorizing the Mayor to execute an Engineering Services Agreement with S.D. Kallman, L.P. for an updated Water and Wastewater Impact Fee Study. Jim Nuse, Public Works Director made the staff presentation. The Impact Fee legislation, which came into effect on September 1, 2001, requires the City to update the City's Water and Wastewater Impact Fee Study. Water and Wastewater impact fees are calculated to offset the cost of new utility service. This study will be used to set the impact fees at appropriate levels. The cost of the service is $15,000. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for an updated Water and Wastewater Impact Fee Study, and WHEREAS, S.D. Kallman, L.P. has submitted an Engineering Services Agreement to provide said services, and • WHEREAS, the City Council desires to enter into said agreement 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 an Engineering Services Agreement with S.D. Kallman, L.P., for an updated Water and Wastewater Impact Fee 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 25th day of October 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember • Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None 12,1 OCTOBER 25, 2001 ACTION: The motion carried unanimously. 9.F.7. Consider a resolution authorizingthe e Mavor to execute a Cost Sharing and Reimbursement Agreement with Continental Homes of Texas, L.P., D.R. Horton-Texas, Ltd., Texas Rainbow Company, John C. Lewis, Jimmy Nassour,Robert W. Dillard and Diane W. Dillard, and REG Enterprises, Inc. for water system improvements. Jim Nuse, Public Works • Director made the staff presentation. This is a cost sharing agreement between the developers of property in the Northeast portion of Round Rock and the City. The developers will pay 70% of the costs and the City will pay 30%. The City's portion is $383,790. This is to provide utility F service to property for added tax base. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a Cost Sharing and Reimbursement Agreement with Continental Homes of Texas, L.P., D.R. Horton-Texas, Ltd., Texas Rainbow Company, John C. Lewis, Jimmy Nassour, Robert W. Dillard and Diane W. Dillard, and REG Enterprises, Inc. in connection with the development of property in the northeast portion of Round Rock, including Ryan's Crossing, 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 Continental Homes of Texas, L.P., D.R. Horton- Texas, Ltd., Texas Rainbow Company, John C. Lewis, Jimmy Nassour, Robert W. Dillard and Diane W. Dillard, and REG Enterprises, Inc. in connection with the development of property in the northeast portion of Round Rock, including Ryan's Crossing, 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 25th day of October 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 13Q OCTOBER 25, 2001 9.G.1. Consider a resolution determining the public necessity for the acquisition of 2.84 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. This item was addressed after the Executive Session. COUNCIL COMMENTS: • Mayor Pro-tem Nielson asked staff to look into the financial aspect of City employees who are in the military reserves and legal aspect of making up the difference in their salaries if they are called up for duty. Mayor Stluka,noted the Excel City Council would be attending the November 8, 2001 Council meeting. He also asked for staff to look into the development of a better sound system in the Council Chamber and improvement of the camera angles. EXECUTIVE SESSION: 11.A. Executive Session as authorized by 051.072 Government Code, related to the purchase of real property for right-of-way. 1) 1.42 acres—Reavis for A.W. Grimes Boulevard 2) 1.42 acres—Wigginton for A. W. Grimes Boulevard • The Council entered into Executive Session at 9:48 p.m. and adjourned back into regular session at 9:52 p.m. 9.G.1. Consider a resolution determining the public necessity for the acquisition of 2.84 acres of land for the proposed A.W. Grimes Boulevard project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to o acquire this needed property. This resolution will allow the City Attorney to negotiate for the purchase of the required land, and initiate eminent domain proceedings to acquire the necessary tracts from property owners within the path of the proposed A.W. Grimes Boulevard. RESOLUTION NO. WHEREAS, the City Council, upon consideration of the matter, has determined that there • is a public necessity for the welfare of the City of Round Rock and the public-at-large to construct, expand, widen and maintain improvements to A.W. Grimes Blvd., and to perform associated public use and purposes ("Project"); and WHEREAS, the City of Round Rock, hereby finds that it is a necessity and in the public interest to acquire approximately 2.84 acres of land in Williamson County, Texas, in fee simple, from the following landowners: A. Reavis 1.42 acres in fee simple; B. Wigginton 1.42 acres in fee simple; said land more particularly described in Exhibits "A-E", attached hereto and incorporated herein by reference for all purposes ("Property"); and OCTOBER 25, 2001 131 WHEREAS, the City Attorney has continued to engage in negotiations with the landowners, and to this point has been unable to agree on the amount of compensation to be paid the landowners for the acquisition of the Property and that a determination should be made as to the dollar amount the City will tender as part of its good faith negotiation for the fair market value purchase of these property interest;Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That it is necessary for the welfare and public mobility of the City and its citizens and is in the public interest to construct, expand,widen and maintain A.W. Grimes Blvd., and to perform associated public use and purposes and to acquire fee simple title in and to the above • described land, in order to allow the city and/or its assigns to complete said Project. That the City Attorney is authorized to continue negotiations to purchase the required property interests. That the maximum amount that the City of Round Rock will tender in any settlement of this matter without subsequent City Council approval of a higher amount prior to the initiation of eminent domain proceedings shall be: A. Reavis property (1.42 acres in fee simple): $110,000, B. Wigginton property (1.42 acres in fee simple): $65,000. That if it is determined that the purchase of these property interests cannot be reached at or below this amount,then the City Attorney is further authorized to initiate proceedings in eminent domain against the owners and interested parties of the Property to acquire fee simple title in and to the above described land in order to allow the City and/or its assigns to complete said Project, and to perform and undertake all other proceedings or tasks necessary to complete the acquisition of the 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 25th day of October 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution as discussed in Executive Session. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None • ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business,the meeting adjourned at 9:56 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary 3, 2 OCTOBER 30, 2001 The October 30, 2001 Special Called Meeting of the City Council and Planning and Zoning Commission was held in the Round Rock Chamber of Commerce located at 212 East Main Street. Mayor Robert A y A. Stluka, Jr. called the meeting to order at 6:06 .m. Present along g with Mayor Stluka were Council members Tom Nielson, Alan McGraw, Carrie Pitt, Earl Palmer, Isabel Gallahan, Gary Coe,Planning and Zoning Commission members Al Kosik, Sandy Arnold, Russ Boles, Frank Del Castillo, David Pavliska, and Elaine Wray. Staff included Joe Vining, Director,of Planning and Community Development, Jim Stendebach, Assistant Director, Susan Brennan, Senior Planner, Sharon Prete, Director of Parks and Recreation, and Steve Sheets, City Attorney. WORK SESSION: 3.A. Consider a presentation concerning proposed draft amendments to the City o Round Rock Zoning Ordinance,pertaining specifically to the following sections: 11.403 —Single Family Rural District(SFR) 11.407—Townhouse District (TH) 11.411 —Office District(OF) 11.412—Business Park BP • 11.414—Public Facilities (PF) 11.415 —Senior(SR) 11.416—Mining (MI) The City Council and the Commissioners discussed the new zoning districts. Lee Einsweiller of Duncan and Associates outlined the Summary Use Table by District. He explained that it was broken down into residential,public and civic, commercial, and industrial uses. Mr. Einsweiller also went over the use codes. Chairman Kosik asked if single-family zero lot line should be permitted with use standards (P/S) instead of permitted by right (P). Mr. Einsweiller said that it should be P/S. Steve Sheets expressed his concern regarding high schools only being permitted in the • Public Facilities District. He said that the City would have a hard time keeping the schools out of residential areas. Mr. Einsweiller proceeded to outline the new building setbacks. The City would now require a 20-foot setback(and a 25 foot garage setback). This was to accommodate the larger 13 3' OCTOBER 30, 2001 right-of-way requirements that allowed for street trees. All for sale property would require two car garages. Commissioner Del Castillo had questions on tandem parking. Chairman Kosik asked if lot averaging would still be allowed under this new ordinance. Mr. Einsweiller said no,but there would be lot compensation. • Mr. Einsweiller concluded that all duplexes would be built with firewalls so that they could be sold as separate units to encourage owner occupancy. ADJOURNMENT: There being no further business, the meeting adjourned at 7:48 p.m. Respectfully submitted, falh . Murphy,Planner Tec 'cian • • 13 NOVEMBER 5, 2001 The Round Rock City Council met in a Special Called Session on Tuesday,November 5, 2001 in the City Council Chamber, 221 E. Main Street. CALL SPECIAL CALLED SESSION TO ORDER—5:30 P.M. ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City • Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. RESOLUTIONS: 3.A.1. Consider a resolution agreeing to join the H-GAC Energy Purchasing C r oration. David Kautz,Finance Director made the staff presentation. This resolution enables the City to participate with the H-GAC aggregation group for the purpose of acquiring electric power in a deregulated market for City owned facilities. This resolution does not create an obligation for the City, nor does it authorize the Corporation to actually purchase electricity on the City's behalf without the City's prior consent. Participating in an electric aggregation group should provide the City lower electric rates due to buying in larger quantities. • RESOLUTION NO. WHEREAS, Senate Bill 7, enacted by the 76th Texas Legislature, restructures electric power within the State of Texas; and WHEREAS, Section 303.001 of the Local Government Code authorizes political subdivisions to join together to form a political subdivision corporation to negotiate the purchase of electricity or to aid or act on behalf of the political subdivisions for which the corporations is created with respect to their own electricity use for their respective public facilities; and WHEREAS, the Houston-Galveston Area Council, a political subdivision of the State under Chapter 391 of the Local Government Code,has conducted a cooperative purchasing program for more than twenty-five years and has formed the H-GAC Energy Purchasing Corporation("Corporation") as a political subdivision corporation; and WHEREAS,the City of Round Rock wishes to obtain electricity for its public facilities, at the lowest cost providing the best value, thereby benefiting its citizens and taxpayers; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. The City of Round Rock agrees to join with the Houston-Galveston Area Council and other participating Political Subdivisions and participate in the Corporation. Section 2. The City of Round Rock hereby approves the H-GAC Energy Purchasing Corporation Articles of Incorporation, attached as Exhibit A, and By-Laws, attached as Exhibit B. Section 3. The City of Round Rock agrees to cooperate with the Corporation in providing • data related to electricity demand for its accounts, and other information that may assist in preparing bid solicitations, or requests for proposals. Section 4. By approving this resolution, the City of Round Rock does not create an obligation for the City of Round Rock does not create an obligation for the City of Round Rock, nor does it authorize the Corporation to actually purchase electricity on its behalf without the City of Round Rock's prior consent to specific purchases. The City of Round Rock understands that prior to authorizing the purchase of electricity through contracts negotiated by the Corporation, information detailing procurement terms will be provided. The City of Round Rock may then purchase electricity through contract(s)negotiated by the Corporation its behalf by issuing an order,resolution,purchase order or other binding agreement under terms that are materially the same as the terms the Corporation originally described in the information presented to the City of Round Rock. 13 b NOVEMBER 5, 2001 Section 5. The City of Round Rock agrees to allow the Corporation to use its name as a participant in descriptions of the Corporation. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 5th day of November 2001. • ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 3.A.2. Consider a resolution authorizing the Mayor to execute an electricity supply • agreement with TXU Energy Services. David Kautz, Finance Director made the staff presentation. The H-GAC Energy Purchasing Corporation has negotiated favorable terms and pricing for the purchase of electricity on behalf of its members. Approval of this resolution approves an electric power Supply Agreement and initial proposal pricing. The resolution also commits the City to purchasing electricity through TXU Energy Services if the final pricing made available on November 13 is less than or equal to the initial proposal pricing. (Indicative Pricing). The cost will vary according to electric power usage; the annual cost is estimated at $1.3 million(for accounts served by TXU Electric, excluding street lighting). Aggregating the City's electric power requirements is expected to produce annual cost savings ranging from $150,000 to $400,000 depending upon final market pricing. RESOLUTION NO. WHEREAS, H-GAC Energy Purchasing Corporation(the"Corporation") is a non-profit political subdivision corporation, as defined in Chapter 303 of the Texas Local Government Code(to be codified effective September 1, 2001 as Chapter 304)' and WHEREAS, the Corporation is authorized to negotiate on behalf of its members for the purchase of electricity,make contracts for the purchase of electricity,purchase electricity, and take any.other action necessary to purchase electricity for use in the public facilities of the political subdivisions represented by it; and WHEREAS, the city of Round Rock("City")has adopted a resolution authorizing participation in the Corporation; and WHEREAS, the Corporation has negotiated and contracted with various Retail Electric Providers (each a"REP") and has entered into a contract with TXU Energy Services ("TXU") as 13 6 NOVEMBER 5,2001 referenced in the Terms and Conditions for Supply of Electricity ("Supply Agreement") attached hereto as Exhibit`B"; and WHEREAS, the Corporation has received and distributed to its members the initial proposal pricing("Initial Pricing") of TXU and the City has reviewed the Initial Pricing, which is attached hereto as Exhibit`B"' and WHEREAS, the City acknowledges that the Initial Pricing is not binding on TXU but will be updated during a subsequent time period to be announced by the Corporation, at which time final closing pricing (the"Final Pricing")will be announced; and WHEREAS, the City reviewed a Supply Agreement with TXU and wishes to enter into such agreement provided that the Final Pricing does not exceed the Initial Pricing; Now • Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 1. The Supply Agreement with the Initial Pricing made a part hereof is hereby approved. 2. The Mayor of the City is hereby designated a"Authorized Representative,"with full power and authority to execute the Supply Agreement, so long as the Final Pricing is less than or equal to the Initial Pricing, exclusive of any regulated rates subject to change, which the City has elected and take all other actions deemed necessary or appropriate to consummate the transaction authorized by this Resolution. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 5th day of November 2001. ROBERT A. STLUKA, 7R., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. BRIEFING: 4.1. Consider staff briefings and Councilmembers' discussion and questions regarding items on the aizenda for the November 8, 2001 City Council meeting. Staff briefed the Council on the November 8t" agenda. The Council had no pertinent questions and no discussion occurred • regarding the agenda. TOUR OF TELLABS PLANT: There being no further business the meeting recessed and the Council and staff proceeded to tour the Tellabs Plant. RRespe'c;,tf,(u�lly Sub fitted Christine R. Martinez, City Secre ry 137 NOVEMBER 8,2001 The Round Rock City Council met in Executive Session, Work Session and Regular Session on Thursday,November 8, 2001 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 Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl • Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 051.072 Government Code, related to the purchase of real property, to wit; 0.294 acres owned by Michael Scott Smith and Martha Turner Smith(County Road 113). The Council entered into Executive Session at 6:04 p.m. and adjourned at 6:32 p.m. ADJOURNMENT: The Executive Session adjourned at 6:32 p.m. • CALL WORK SESSION TO ORDER—6:33 P.M. ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett,Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. WORK SESSION: 3.A. Consider discussion concerning the health and human services funding process. Bob Bennett, City Manager gave a brief history of the health and human services funding process and the reason the City is taking this avenue in determining how social service funding is • distributed. Debbie Hoffman, Executive Director of the United Way of Greater Williamson County gave a brief update on the funding process. She gave the following highlights of the Williamson County Health and Human Services Assessment Executive Summary that will help the Council in determining what areas they feel should be eligible for funding. This purpose of this 133 NOVEMBER 8, 2001 assessment was to collect baseline data on health and human service needs in Williamson County and each of its major towns/areas. Following are the major findings for the Round Rock area. • Population and Natality - Round Rock's young population(median age=28) means that there is a great potential for natural increase, in addition to continued growth from in-migration A higher percentage of Round Rock area mothers give birth to low weight babies, compared to statewide data. • • Child Care/Early Education Shortage of licensed childcare spaces Cost of childcare is higher than the state average. • Education, Employment and Workforce Training There is a need for additional specialized workforce training in the Round Rock area. • Basic Needs Demand for basic needs assistance often exceeds availability. • Housing and Homelessness - Housing is expensive in Round Rock relative to statewide costs, both in terms of affordable home ownership and in terms of apartment rents in relation to income. There is no official policy for dealing with homelessness. • Transportation Limited public transportation available in the Round Rock area. • • Substance Abuse There is a cause for concern about levels of drinking and drug use among Round Rock residents 13-24. • Public Safety - The number of Child Protective Services investigations increased 103% (from 53 to 108) in Round Rock between 1999-2000. • Health and Mental Health - Demand for mental health services is increasing for both adults and children but there is no adult or children's inpatient facility. - Greatest lifestyle risk factors for round Rock area adults are improper diet and sedentary lifestyle. - Cardiovascular disease and cancer are the leading causes of death in Round Rock. - Providers who accept new Medicaid and CHIP patients is difficult - A significant number of working adults do not have health insurance. Terry Gizelbach,Budget Supervisory outlined the survey that the Council will use to determine what areas they would like to see funded. This will help staff determine what direction • they should take is the distribution of funds. CALL REGULAR SESSION TO ORDER—7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl 3, 9". . NOVEMBER 8,2001 Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. Also present were the following Councilmembers of Berkman Elementary Excel City. Mayor Eric Estrada,Mayor Pro-tem/Councilmember Place 3 Justin Sedillo, Councilmember • Place 1 Daneidi Mendoza Councilmember Place 2tefan Height, Councilmember Place 4 S g Jonathan Elder, Councilmember Place 5 Jessica Vallejo, Councilmember Place 6 Johnathan Guzman, Councilmember Place 7 Mario Hernandez, Councilmember Place 8 Brittani Ashley, Councilmember Place 9 Brenda Martinez, Councilmember Place 10 Amy Pena and Tax Assessor & Collector Kristina Barron. Also present were Robert Carlin, Berkman Elementary Principal and Nancy Beleckis. Council Sponsor. The Excel City Councilmembers introduced themselves. APPROVAL OF MINUTES: Special Called Session September 18, 2001 MOTION: Councilmember Coe moved to approve the minutes as submitted. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: 8.A. Commissioner Frankie Limmer—County/State Roads Update Commissioner Limmer provided the Council with the Mobility Improvement Feasibility Study for the Hutto/Round Rock/Georgetown Area, which is a part of the Williamson County Road Bond Program. The executive summary from the report presents the findings of an engineering study to analyze the feasibility of upgrading and realigning existing county roadways • to facilitate the development of a major north-south thoroughfare from US79 to the Georgetown Inner loop, and an east-west thoroughfare from US79 to CR 110. The proposed roadway alignment connects various existing county road segments into continuous flowing thoroughfares. The proposed thoroughfares will initially consist of two 12-foot lanes with 4-foot shoulders and roadside ditches. In the future, it is likely that the proposed thoroughfares will be upgraded to five lanes of curb and gutter roadways with storm sewer. The proposed 90-foot NOVEMBER 8,2001 right-of-way for the east-west thoroughfare and 100-foot right-of-way for the north-south thoroughfare would accommodate future upgrades. The length of new or improved 2-lane roadways total approximately 11.6 miles. The estimated construction cost for the proposed roadway system is approximately$8,178,000. With engineering and surveying fees and a 20 percent contingency fee to cover improvements to connectingintersections, culverts and other • unforeseen improvements, the total cost for the two thoroughfares is estimated at$11,422,000. A cost estimate,broken down into phase, is included in the report. The cost associated with purchasing right-of-way takings is not included as part of the report. Plan schematics with existing and proposed alignments are included with the report. The estimate of right-way takings for the proposed alignment totals approximately 90.5 acres. Construction phasing and right-of- way acquisition begin with new location roadway segments followed by improvements to existing roadways. 8.B. Consider a request from Vince Petrolawicz for the City to purchase his property located at 1009 Hayden WU. Mr. Petrolawicz asked the City to purchase his home because his home backs up to the soccer fields and balls that have been kicked into his backyard have injured his wife once and does not want it to happen again. Issues of concern are safety and personal • injury,property damage, trespassing, invasion of private property and harassment. He noted that a net was reinstalled but it is not a permanent solution and keeps falling. He added that he continues to have problems with the Soccer Association. John Gordon, 1007 Green Meadow, expressed his concern regarding the elimination of Hopewell as a Middle School and of the traffic situation that will occur around Lakeside School because Gulf Street is the only access to the school. Warren Jones, 3819 Bent Brook Drive,Board of Directors President for the United Way. PROCLAMATIONS: 9.A. Consider a proclamation recognizing all veterans on November 12 2001 at Chisholm Trail Middle School in observance of Veteran's Day. • Mayor Stluka read the appropriate proclamation and presented it to representatives of The Helping Hands of Chisholm Trail Middle School. PRESENTATIONS: 10.A.1. Consider a presentation concerningthe 03 Flex Agreement for the Austin/San Marcos Metropolitan Statistical Area. Bob Bennett, City Manager and Wade Thomason, of the NOVEMBER 8,2001 Clean Air Force made the brief presentation. The 03 Flex Plan is an agreement between Round Rock surroundinggovernments, Austin and the EPA. The plan has been under construction for g � almost 3 years. The plan addresses both the 8-hour and 1 hour standards for ozone and keeps us out of non-attainment for the time being. However,the Plan is built for results and we must show progress in reducing ozone levels. If unsuccessful and Round Rock achieves non-attainment, • impact will be negative and significant. But voluntary actions taken now can be credited should the region face a non-attainment designation in the future. The objective of the 0, Flex Agreement is to maintain the 1-hour ozone standard. To meet this goal governing bodies need to complete the process of selecting measures and agreeing on their commitments. Not all measures can or will be implemented by every entity but a goal is to achieve 7 of the measures. 10.B 1. Consider a presentation regarding the delivery of the 2001 Aerial Photo Mapping Project. Aaron Norby, Planning Department GIS Analyst and Don Rundell, Chief Utility Engineer made the staff presentation. The presentation consisted of the delivery of the Aerial Photo Mapping Project. An overview was given of its relationship to the overall GIS Implementation Plan and its relationship to the proposed GPS Monumentation Project. • Following is additional information on this project: 2001 Air Photo Mapping Project • Project approved by Council in February • Worked in conjunction with CAPCO • Air photography and mapping for 86 square miles of City and ETJ • First ever digital planimetric data for the City • Very detailed true color 0.5' imagery What is the GPS Monumentation Project? • Survey monuments set throughout the City and ETJ • Monuments set by GPS survey—very accurate • Tied to the Texas State Plane Coordinate System • Monuments located strategically for both commercial and city use and are permanent • Scaleable—may add to the,network as city expands Uses and Advantages of the Monument Project • • n s and ties into existing Everyone is on the same page"-using the same stem y g mapping projects in the City • City—Control for CIP projects • City—Standardized plat submission documents; all plats on the same coordinated . system for use in GIS • Engineering, surveying and construction companies use for survey control How the Project is Developed • Monuments are set by Public Works • Surveyed by GPS—Private surveying company develops the data NOVEMBER 8, 2001 • Monument data sheets will be available,both hardcopy and on the Internet • Monuments will be placed throughout the City Benefits Related City Projects • The project ties in to the 2001 Air Photo Mapping Project • New subdivision ordinance provisions • Works with the city GIS Implementation Plan(Coordinated Departmental GIS) • Locating new subdivision plats are difficult • With monuments,plats are located automatically • • Subdivision surveyed using monuments • There are CIP and Construction benefit from the project New Subdivision Ordinance • Requires new surveys to be referenced to monuments set in the Monumentation Project • All new plats will be submitted, referencing this system and electronic CAD drawings be furnished in addition to the mylar originals • Project Examples and Online Demonstrations • Monument coverage and proposed locations • Online monument information • 2001 Air Photography Project products • GIS data layers and the Monumentation Project PUBLIC HEARINGS: 11.A.1. Consider public testimonregarding the proposal to rezone 3.18 acres of land, more or less, out of the Wiley Harris Survey, A-298, in Williamson County, Texas from SF-2 • (Single Family-Standard Lot) and TF (Duplex)to C-1 (General Commercial). Joe Vining, Planning Director made the staff presentation. The Planning and Zoning Commission held a public hearing on October 17, 2001. At that time the Commission recommended adoption of the rezoning tract from SF-2 (Single-family) and TF (Duplex)to C-1 (General Commercial) zoning. In accordance with the General Plan Land Use Map this zoning change will convert this tract to commercial zoning which will accommodate the proposed use and will give this block the same zoning treatment as the neighboring blocks and will likewise serve to implement the goals and objectives of the reinvestment zone. The existing single-family zoning was adopted per the original zoning map in 1969; the duplex zoning stems from a zoning change in 1971. This tract is located south of Bagdad Avenue and northwest of McNeil Road. • Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. 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. Items 13.G.3. and 13.G.4 were withdrawn from the Consent Agenda and Regular Agenda. =: NOVEMBER 8, 2001 1 .4:3 *13.G.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Behrens Ranch Phase B Section 1 Subdivision. (First Reading) *13.G.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma Section 3 Subdivision. (First Reading) *13.G.3. Consider an ordinance authorizing the placement of stop signs at various • intersections in the Vista Oaks Section 5B Phase 2 Subdivision. (First Reading) *13.G. 4. Consider an ordinance authorizing placement of a stop sign on Rock Hill Drive at its intersection with Hunters Lodge Drive. First Reading) *14.C.1. Consider a resolution authorizingthe e Mavor to execute a Professional Services Agreement with Trinity En ine�ering/Kleinfelder for construction materials testing for the Cid Wide Trail System-Phase I. *14.E.2. 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. *14.E.3. Consider a resolution authorizingthe Mayor to execute a Community • Development Block Grant Program_ Agreement with Williamson-Burnet County Opportunities for the Round Rock Adult Day Care Scholarship Prog rarn. *14.E.4. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program_ Agreement with YMCA of Greater Williamson County for teen youth services. *14.E.5. Consider a resolution authorizingthe e Mayor to execute a Community Development Block Grant Program Agreement with Children's Support Coalition for you services. *14.E.6. Consider a resolution authorizingthe to execute a Community Development Block Grant Program Agreement with Round Rock Housing Authority for a part- time Seniors Activities Coordinator. *14.F.1. Consider a resolution authorizingthe Mayor to execute a Funding_Agreement with AU Baby Can. *14.F.2. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Bluebonnet Trails CN HMRC. 14Y 4 NOVEMBER 8, 2001 *14.F.3. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Combined Community Action. *14.F.4.Consider a resolution authorizing the Mayor to execute a Funding Agreement with Family Outreach of Williamson County. *14.F.5. Consider a resolution authorizingthe e Mayor to execute a Funding Agreement with Hands on Housing. • *14.F.6. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Lifestgps (WCC-ADA). *14.F.7. Consider a resolution authorizingthe Mayor to execute a Funding Agreement with LifeWorks. *14.F.8. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Literacy Council of Williamson County: *14.F.9. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Meals on Wheels. *14.F.10. Consider a resolution authorizingthe e Mayor to execute a Funding Agreement with Round Rock Caregivers. • *14.F.11. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Round Rock Area Serving Center. *14.F.12. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Round Rock Volunteer Center. *14.F.13. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the Salvation AM. *14.F.14. Consider a resolution authorizingthe e Mayor to execute a Funding Agreement with Williamson-Burnet CountyOpportunities. *14.F.15. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the YMCA of Greater Williamson County. • *14.F.16. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the Williamson County Crisis Center. MOTION: Councilmember Palmer moved to approve the remaining items listed in the Consent Agenda. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw 145 NOVEMBER 8, 2001 Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. ORDINANCES: • 13.A.1. Consider an ordinance authorizing the Mayor to execute a telecommunications franchise agreement with Grande Communications. (First Reading) Will Hampton, Communications Director made the staff presentation. Grande Communications of San Marcos approached the City last year seeking a franchise to provide cable television and telephone service to Round Rock customers. This agreement has a 15-year term. Grande is agreeing to provide an up front payment of$100,000, spread out over three years, to the City for its government access channel operations, as well as provide up to $250,000 in broadband services to the City. This will give Round Rock customers a choice of cable television and local phone service providers. Paul Lewis,representative of Grande was present at the meeting. • ORDINANCE NO. AN ORDINANCE GRANTING TO GRANDE COMMUNICATIONS, INC. A FRANCHISE FOR CONSTRUCTING, MAINTAINING, OPERATING AND USING A CABLE SYSTEM WITHIN THE CITY OF ROUND ROCK FOR THE PROVISION OF CABLE AND OTHER SERVICES; PROVIDING THE TERMS AND CONDITIONS UNDER WHICH THE FACILITIES OF GRANDE COMMUNICATIONS, INC. WILL BE INSTALLED, OPERATED AND MAINTAINED; ESTABLISHING A TERM OF THE AGREEMENT; AND ESTABLISHING AN EFFECTIVE DATE. 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 Palmer Councilmember Gallahan Councilmember Coe 0Mayor Stluka Noes: None ACTION: The motion carried unanimously. 13.B.1. Consider an ordinance approving and adopting a budget for the Law Enforcement Fund for the 2001-2002 fiscal First Reading) Paul Conner, Chief of Police made the staff presentation. The asset forfeiture program was created by the federal government and later adopted by individual states as a tool to combat the benefactors of crime by seizing the 146 NOVEMBER 8, 2001 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 cash and proceeds from property • sales—which are shared equally with other local agencies involved in the seizure. The state program is based on a written agreement with the District Attorney's office; as a result of this agreement, the City receives (a) all seized vehicles valued at $1,000 or more, (b) 50 percent of cash after the first$500, and(c) 50 percent of proceeds from the sale of seized property after the first$5,000. This is a routine, annual budget item. The$158,684 in budgeted revenues would be used to fund the City's commitment to a countywide training facility, equipment, and computers. This budget will allow the City to collect its share of seized assets and use those funds for law enforcement purposes. Participation in these asset forfeiture programs provides the Police Department with additional funds beyond general fund revenues, which it may use for law enforcement purposes. This $158,684 budget is for revenues generated by asset forfeitures shared with state and federal law enforcement agencies. These funds would be used to fund the City's • g Y commitment to a countywide training facility, equipment, and computers. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2001-2002 FISCAL YEAR. MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None • ACTION: The motion carried unanimously. 13.C.1. Consider an ordinance relating to electric franchise fee payments as calculated and paid under Texas Utility Code, §33.008 for existing franchisees. (First Reading) David Kautz, Finance Director made the staff presentation. The City collects a franchise fee from TXU Electric (TXUE) for use of the public rights-of-way in the City. Currently, the franchise fee is based upon 4% of TRUE gross receipts from the retail sale of electric power sold within the City. 14 7 NOVEMBER 8, 2001 Pursuant to new legislation,beginning in January 2002, the fee will be based upon the number of kilowatt-hours delivered within the City's boundaries. Adoption of this ordinance formally tY p Y recognizes the new fee methodology and applies it to the franchise agreement with TXUE. ORDINANCE NO. AN ORDINANCE RELATING TO ELECTRIC FRANCHISE FEE PAYMENTS AS • CALCULATED AND PAID UNDER TEXAS UTILITY CODE, §33.008 FOR EXISTING FRANCHISEES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 13.D.1. Consider an ordinance approving and adopting a budget for the Ron Sproull • Memorial Fund for the 2001-2002 fiscal year. (First Readinl Sharon Prete, Parks and Recreation Director made the staff presentation. Harriett 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. This resource has helped provide additional maintenance services during high periods. Following is the proposed budget. Beginning Unreserved Fund Balance $106,955 Less Reserves ( 100,000) Available Balance $ 6,955 REVENUES: Interest Income 2,750 Total Revenues $ 2,750 • Total Funds Available $ 9,705 EXPENDITURES: Ron Sproull Memorial Park Improvements Contingency 0 Round Rock Memorial Park Irrigation Repairs $ 1,000 Contingency 0 Contracted Services 5,657 Landscaping 2,000 Trail & fountain Repair 0 148 NOVEMBER 8, 2001 All Associated Costs 0 Misc. Improvements 0 Electrical System Repairs 500 Playground Repairs 0 Lighting Repairs 548 Sub Total 9,705 Total Expenditures $ 9,705 Estimated unreserved Fund Balance 9/30/02 0 ORDINANCE NO. • AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE RON SPROULL MEMORIAL FUND FOR THE 2001-2002 FISCAL YEAR. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 13.D.2. Consider an ordinance approving and adopting a budget for the Landscape Fund • for the 2001-2002 fiscal year. First Reading) Sharon Prete, Parks and Recreation Director made the staff presentation. This fund was established to provide for replacement trees, destroyed through the development process. The purpose is to "reforest'the community, not necessarily replant in the same location. Developers who must cut a mature tree(s) and cannot replace the tree(s) on the site must contribute to this fund. In addition, interested parties also make contributions to purchase trees. This budget allows available funds to be expended for the planting of trees in the parks. Following is the proposed budget. Beginning Unreserved Fund Balance $2,219 REVENUES: Developer Landscape Fees 500 Interest Income 61 Total Revenues $2,780 • EXPENDITURES: Water Tower Park Landscaping Material, Supply, Installation 0 Tree Planting 2,780 Total Expenditures $2,780 Estimated unreserved Fund Balance 9/30/02 0 ORDINANCE NO. 14r 9_� NOVEMBER 8, 2001 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LANDSCAPE FUND FOR THE 2001-2002 FISCAL YEAR. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 13.D.3. Consider an ordinance ap rp oving and adopting a budget for the Park Development Fund for the 2001-2002 fiscale�First Reading) Sharon Prete, Parks and Recreation Director made the staff presentation. This account was established to serve as a depository for donations of fees, which are earmarked for specific projects. This account is funded through donations, developer contribution, sports facility capitol improvement fees and Interest income. This will allow staff to make capital improvements with funds other than tax • dollars or bond monies. Following is the proposed budget. Beginning Unreserved Fund Balance $55,308 REVENUES: Sports League Fees $8,000 Interest Income 1,521 Donations/Contributions 0 Misc. Revenue 0 Southwestern Bell 0 Round Rock Soccer Assn. 0 Total Revenues 9,521 Total Funds Available $64,829 EXPENDITURES: McNeil Park Contingency 0 Field Improvements Irrigation 0 • Field Improvements Bluff Electric 0 Ballfield Improvements $ 8,020 Sub-Total $ 8,020 Old Settler's Park Contingency 0 Sidewalks Youth, Sports Areas 0 Parking Improvements 0 Playground Equipment 0 Sub-Total 0 Unspecified 15- 0 NOVEMBER 8, 2001 Trees 2,500 Contingency(Improvements to CMRC and Memorial Park) 54,309 Sub-Total $ 56,809 Youth Snorts Complex Football Field Lights 0 Sub-Total 0 Total Expenditures $ 64,829 is Ending Unallocated Fund Balance (0) ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE PARK DEVELOPMENT FUND FOR THE 2001-2002 FISCAL YEAR. MOTION: Councilmember Gallahan moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • 13.E.1. Consider an ordinance adopting the Communily Development Block Grant Budget for FY 2001-2002. (Second Reading) Mona Ryan, Community Development Coordinator made the staff presentation. The 2001/2002 Community Development Annual Action Plan was adopted by Resolution RO1-08-09-13C1 and approved by the Department of Housing and Urban Development on October 1, 2001. Adoption of the annual budget allows the implementation of Community Development Block Grant planned activities for the next fiscal year. Programs identified in the Annual Action Plan will directly benefit the low to moderate- income citizens of Round Rock. Following is the proposed CDBG Fund#790 2001-2002 Budget. Beginning Estimated Unreserved Fund Balance 10/1/O1 $ 0 REVENUES: • CDBG $678,469 Program Income 3,600 Total Revenues $682,069 EXPENDITURES: 2000 Program Grant Funding Project 1: Neighborhood Enhancements $11,639 Project 2: Economic Opportunities (a) 766 Project 3: Home Ownership Assistance 0 Project 4: Program Administration 0 NOVEMBER 8, 2001 Subtotal 1999 Program Grant Expenditures $12,405 2001 Program Grant Funding Project 1: Neighborhood Enhancements $11,545 Project 2: Economic Opportunities 40,569 Project 3: Home Ownership Assistance 109,000 Project 4: Program Administration 0 Project 5: Public Services 38,950 Subtotal 2000 Program Grant Expenditures $200,064 • 2002 Program Grant Funding Project 1: Neighborhood Enhancements $40,000 Project 2: Economic Opportunities(a) 53,600 Project 3: Home Ownership Assistance 135,000 Project 4: Program Administration 70,000 Project 5: Public Services 69,900 Project 6: Lead-Based Paint 20,000 Project 7: Rehab. Existing Homes 81,100 Subtotal 2000 Program Grant Expenditures $469,600 Total Expenditures $682,069 Operating Reserves(b) 0 Estimated Unreserved Fund Balance 9/30/02 $0 (a) The 2001-2002 revised Budget reallocates $12,753.27 in remaining Program Administration grant funding. $753.27 will be used in Project 2 (Microenterprise Assistance Center) and $12,000 will be used in HOAP, Project 3. The remaining balance in Project 4 is being • reallocated to Project 2 and Project 3 per HUD requirements. ro> Operating Reserves are established in accordance with operating reserve policies. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2001-2002 FISCAL YEAR. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None • ACTION: The motion carried unanimously. 13.E.2. Consider an ordinance to rezone 3.18 acres of land, more or less, out of the Wiley Harris Survey, A-298, in Williamson County, Texas from SF-2 (Single Family-Standard Lot) and TF Duplex)to C-1 (General Commercial). (First Reading) Joe Vining, Planning Director made the staff presentation. In accordance with the General Plan Land Use map this zoning change will convert this tract to commercial zoning, which will accommodate the 15 2 NOVEMBER 8, 2001 proposed use and will give this block the same zoning treatment as the neighboring blocks and will likewise serve to implement the goals and objectives of the reinvestment zone. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 3.18 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) AND DISTRICT TF (DUPLEX) TO DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Palmer moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Pitt • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 13.E.3. Consider an ordinance re-adopting_guidelines and criteria governing reinvestment zones and tax abatement agreements within the city limits or extraterritorial jurisdiction of Round Rock. (First Reading) Joe Vining, Planning Director made the staff presentation. State law requires that these guidelines and criteria be readopted every two years. • Specific requirement of Section 312.205, Tax Code, the tax abatement agreement shall include the following. • An estimated increase to be abated and the current assessed value of property; • A percent of increase to be abated each year; • A commencement and expiration date of abatement; NOVEMBER 8, 2001 • A proposed use of improvement, nature of construction,time schedule, map, and property description; and • If the tax abatement is requested for a commercial or industrial project,which will employ five or more people, and estimated number of jobs involved per year for the life of tax abatement agreement. This ordinance is enabling only and does not require the City to grant any abatement. iORDINANCE NO. AN ORDINANCE RE-ADOPTING GUIDELINES AND CRITERIA GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS WITHIN THE CITY LIMITS OR EXTRATERRITORIAL JURISDICTION OF ROUND ROCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 1, 1. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None • ACTION: The motion carried unanimously. MOTION: Councilmember McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 13.F.1. Consider an ordinance establishing a certification and educational incentive pay plan for firefighter civil service employees. (First Reading) Teresa Bledsoe, Human Resources • Director made the staff presentation. Section 143 allows the governing body of a municipality to authorize certification pay assignment pay to those fire fighters who meet the requirements for certification set by the Commission of Fire Protection Personnel Standards and Education provided that each fire fighter is afforded an opportunity to qualify. Staff's proposal meets this requirement. The certification pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the fire department. NOVEMBER 8, 2001 Section 143 allows for the authorizingof educational incentive a for each fire fighter provided pay � that the criteria for educational incentive pay are clearly established, are in writing, and are applied equally to each fire fighter who meets the criteria. Staff's proposal meets this requirement. The educational incentive pay is in an amount is payable under conditions set by ordinance and is in addition to the regular pay received by members of the Fire Department. This promotes the City's commitment to education and training and most important allows for a more educated and informed group of employees who because of their experiences and exposures are able to better represent the City. ORDINANCE NO. AN ORDINANCE ESTABLISHING A CERTIFICATION AND EDUCATIONAL INCENTIVE PAY PLAN FOR FIREFIGHTERS, AUTHORIZING SUCH PAY FOR FIREFIGHTERS WHO MEET CERTAIN ELIGIBILITY CRITERIA, SETTING AMOUNTS AND CONDITIONS FOR SUCH PAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. MOTION: Councilmember Gallahan moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka 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 Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka • Noes: None ACTION: The motion carried unanimously. 13.F.2. Consider an ordinance establishing an assignment Pgy Dlan for firefighter civil service employees. (First Reading) Teresa Bledsoe, Human Resources Director made the staff presentation. Section 143 allows the governing body of a municipality to authorize assignment pay for fire fighters who perform specialized function within the department. The assignment 15, 5: NOVEMBER 8,2001 pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the Fire Department. It will provide the Fire Department with a group of employees that have special knowledge or skills that are crucial to meeting the mission of the Fire Department without adding additional staff. ORDINANCE NO. • ANORDINANCE ESTABLISHING AN ASSIGNMENT PAY PLAN FOR FIREFIGHTERS, , AUTHORIZING ASSIGNMENT PAY FOR FIREFIGHTERS WHO PERFORM SPECIALIZED FUNCTIONS WITHIN THE FIRE DEPARTMENT, SETTING AMOUNTS AND CONDITIONS FOR ASSIGNMENT PAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka 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 Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 13.F.3. Consider an ordinance revising Section 4.04 Vacation Leave, and Section 4.05 Sick Leave of the Human Resources Policies &Procedures Manual. (First Reading) Teresa • Bledsoe,Human Resources Director made the staff presentation. On May 5, the citizens Round Rock voted in Civil Service for the Round Rock Fire Department. Civil Service is governed by Section 143,which requires the implementation of Civil Service within 30 days of the beginning of the fiscal year. Section 143 requires increase in the amount of vacation leave the firefighters must earn from the beginning of their employment. Additionally, it requires an increase in the sick leave accrual and removal of accrual limits. It provides for paying firefighters who leave the NOVEMBER 8, 2001 City up to 90 days of any sick leave balances. To reduce the City's liability staff proposed a revision to policy that requires firefighters to use sick leave accrued after October 30, 2001 prior to using sick leave accrued before that date. This will reduce the City financial liability to pay for sick leave accrued under our existing policy that does not pay for unused sick leave and has maximum carryover limit equal to two years of accrual. ORDINANCE NO. • AN ORDINANCE AMENDING SECTIONS 4.04 AND 4.05 OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL, CONCERNING VACATION LEAVE AND SICK LEAVE; PROVIDING OV ING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. MOTION: Councilmember Gallahan moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *13.G.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Behrens Ranch Phase B Section 1 Subdivision. (First Reading)This item was approved under the consent agenda. The stop signs will be placed on Arbor Drive at Wyoming • Springs Drive; Arbor Court at Arbor Drive; Masonwood Way at Arbor Drive (northwest and southeast); Whispering Woods Court at Masonwood Way; and Pecan Crest Cove at Masonwood Way. ORDINANCE NO. 157 NOVEMBER 8, 2001 AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF ARBOR DRIVE AND WYOMING SPRINGS DRIVE, ARBOR COURT AND ARBOR DRIVE, MASONWOOD WAY AND ARBOR DRIVE, WHISPERING WOODS COURT AND MASONWOOD WAY, AND PECAN CREST COVE AND MASONWOOD WAY AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.G.2. Consider an ordinance authorizing the placement of stop signs at various • intersections in the Sonoma Section 3 Subdivision. (First Reading)This item was approved under the consent agenda. The stop signs will be placed on Belvedere Place at Paradise Ridge Drive; Fallen Leaf Lane at Paradise Ridge Drive; Paradise Ridge Drive at Fallen Leaf Lane; Pastori Cove at Leah Lane; Fallen Leaf Lane at Leah Lane; and Belvedere Place (north and southbound) at Leah Lane. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF BELVEDERE PLACE AND PARADISE RIDGE, FALLEN LEAF LANE AND PARADISE RIDGE DRIVE, PARADISE RIDGE DRIVE AND FALLEN LEAF LANE, PASTORI COVE AND LEAH LANE, FALLEN LEAF LANE AND LEAH LANE, AND BELVEDERE PLACE AND LEAH LANE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • *13.G.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Vista Oaks Section 5B Phase 2 Subdivision. (First Reading) This item was withdrawn from the agenda. *13.G.4. Consider an ordinance authorizing the placement of a stop sign on Rock Hill Drive at its intersection with Hunters Lodge Drive. (First Reading)This item was withdrawn from the agenda. RESOLUTIONS: 14.A.1. Consider a resolution authorizing the Mayor to execute an Advanced Benefits Solutions Agreement with Watson Wyatt& Company for insurance advisory, consulting, and insurance reporting information. Teresa S. Bledsoe, Human Resources Director made the staff presentation. Council previously approved an agreement for Watson Wyatt & Co. to conduct a • review and analysis of the City's current health and supplementary benefits plan. As a result of Y tY PP rY the information gleaned and discussions with the City's current agent-of-record staff determined that it is in the best interest of the City's plan to pursue an agreement with Watson Wyatt& Co. This agreement would change the City's agent-of-record from Keith Carmichael,Neiman Hanks to Jerry Turner, Watson Wyatt. The cost is $78,000 plus expenses not to exceed$90,000. Watson Wyatt&Co. has agreed this amount will not exceed actual cost of service provided plus 15: 8 NOVEMBER 8,2001 expenses. For the past seven years the City has maintained the same agent of record. While staff understands that overall costs of health care is increasing staff became concerned that no recommendations from the agent-of-record was received as to what to consider in light of national trends or just general cost containment suggestions. The information presented by Watson Wyatt & Co., under a consulting agreement, for a specific review of the City's health and welfare plans targeted some specific areas that staff should take a look at for ongoing plan management. This agreement formalizes with an agent-of-record whose general focus is to make every effort to minimize the cost of the City's employee benefit program without sacrificing the quality of the plan. This agreement enables the City to: • Take a more strategic approach to managing the benefits programs • Improve cost management and employee satisfaction with the benefit programs • Allow for ease and fluidity of future changes/modifications to the benefit program • Access pertinent information impacting employee benefits • Reduce burden for administrative and operational staff regarding benefit programs. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for insurance advisory, consulting, and insurance reporting information, and WHEREAS, Watson Wyatt & Co. has submitted an Advanced Benefits Solutions Agreement to provide said services, and WHEREAS, the City Council wishes to enter into said agreement with Watson Wyatt & Co.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Watson Wyatt & Co. for insurance advisory, consulting, and insurance reporting information, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. ROBERT A. STLUKA, JR., Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt 159 NOVEMBER 8,2001 Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.B.1. Consider a resolution authorizing the Mayor to execute an agreement with the • Williamson County Humane Society, Inc. for pet licensing, fee collection,boarding, rabies abies observation, and the reclamation of impounded animals. Paul Conner, Chief of Police made the staff presentation. This is an annual contract with the Williamson County Humane Society for pet licensing, fee collection,boarding,rabies observation, and the reclamation of impounded animals. The Humane Society is the only agency currently providing such boarding, observation, and reclamation services within Williamson County. Under the contract, the city would pay the Humane Society a flat fee of$3,666.00 per month, as well as fees for boarding animals that are not reclaimed by their owners. For this fiscal year, the flat fee amount remains at$44,000. Approval of the contract will allow the citizens of the City of Round Rock to continue receiving services for pet licensing, fee collection,boarding, rabies observation, and the reclamation of . animals that have been impounded within the city limits. These services are an important core component of the Police Department's animal control services. 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 8th day of November 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Gallahan seconded the motion. 160 NOVEMBER 8, 2001 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.C.1. Consider a resolution authorizing the Mayor to execute a Professional Services Agreement with Trinity Engineering/Kleinfelder for construction materials testing for the City Wide Trail System-Phase I. This item was approved under the consent agenda. The fee for the construction testing services is $11,058.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for construction materials testing for the City Wide Trail System-Phase I, and WHEREAS, Trinity Engineering/Kleinfelder has submitted a Professional Services Agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Trinity Engineering/Kleinfelder,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Professional Services Agreement with Trinity Engineering/Kleinfelder, for construction materials testing for the City Wide Trail System - 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 8th day of November 2001. Mayor Stluka disclosed that he has had business dealings with HDR, which wee unrelated to City business and will refrain from any discussion or vote on the next item. Mayor Pro-tem Nielson chaired the next item. 14.D.1. Consider a resolution authorizingthe to execute a contract with MW Builders. Inc. for the Lake Creek Pump Station Facilityand Improvements Project. Don Rundell, Chief Utility Engineer made the staff presentation. Six (6)bids were received on October 9"'that ranged from $1,569,000.00 to $2,026,300.00 for this improvement project. MW • Builders, Inc. submitted the low bid of$1,569,000.00. Council approved the current contract with HDR for the Lake Creek Pump p Station Improvements on the 14'hday of October 1999. HDR recommended acceptance of the bid. These improvements are needed to replace and upgrade the existing vertical turbine pumps to deliver water to the 924 Pressure Plain. It will also consolidate the existing multiple electric feeds into the site into a single feed. Additionally, these NOVEMBER 8, 2001 6: improvements are to include upgrading the electrical building, the fluoridation system, and chemical feed system, which will simplify operations and maintenance. This general scope of work under this contract is to replace the existing vertical turbine pumps, the existing chemical control system and telemetry for local control and monitoring at the Water Treatment Plant, modify existing piping, install one master flow meter, and the plugging of wells 2, 5, and 8. • Also, included in this project is the demolition of the Tower Drive Pump Station and Tank. This will improve the reliability of our water system to meet peak summer demands. This will also simplify the operation and maintenance of the Lake Creek Pump Station. In addition providing access to the site off Burnet Street providing a much safer site access. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Lake Creek Pump Station Facility and System Improvements Project, and WHEREAS,MW Builders, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of MW Builders, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with MW Builders, Inc. for the Lake Creek Pump Station Facility and System Improvements Project. • The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan • Councilmember Coe Mayor Pro-tem Nielson Noes: None Mayor Stluka did not vote on this item. ACTION: The motion carried. 14.13.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with RJN Group, Inc. for the 2001-2002 Wastewater Collection System Inspection Project. Don Rundell, Chief Utility Engineer made the staff presentation. RJN Group, 16 2' NOVEMBER 8,2001 Inc. was retained by the City of Round Rock to conduct a multi-year I&I Reduction Plan. Phase I was completed in August 1998. Phase II was completed in July 2000. The required rehabilitation of wastewater lines and manholes identified under Phases I &II are scheduled to be completed by the end of 2002. This project is to provide cleaning, testing, mapping, inspection, analysis, and reports on 1900 manholes, 122,000 linear feet of our wastewater collection system in three (3)basins within the Edwards Aquifer Recharge Zone. Elimination of • these defects will reduce the I&I entering the system, thereby reducing the City's treatment cost to the Lower Colorado River Authority(LCRA) and Brazos River Authority(BRA). Most importantly the City is required under TNRCC, Chapter 213-Edwards Aquifer Rules to inspect and test all wastewater collection systems every five-year. The rule provides a maximum of one year to correct any defects found. However, all leaks must be immediately contained to prevent any discharge to water in the state or Edwards Aquifer whether necessary repairs have been completed or not. This is a start toward complying with TNRCC rules and these efforts will help to keep our wastewater treatment cost down. However, it should be noted that the City of Round Rock would need to dedicate several million dollars annually to comply with current laws. The total fee for these professional services is $248,149.00. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the 2001- 2002 Wastewater Collection System Inspection Project, and WHEREAS, RJN Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with RJN Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with RJN Group, Inc., for the 2001-2002 Wastewater Collection System Inspection Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby fords and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. • ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember McGraw seconded the motion. 16:3. NOVEMBER 8, 2001 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • 14.D.3. Consider a resolution authorizing the Mayor to execute a letter agreement with PBConsult, Inc. for the development of a Public Transportation Master Plan. Tom Word, Chief Traffic Engineer made the staff presentation. The Public Transportation Master Plan that PBConsult will develop will be a guide for the development of the public transportation systems through 2025. The Master Plan will provide routes, service areas, system operations,vehicle technology, costs, and other data and information. It will serve as the basis for the City Council to make decisions concerning what types of service to initiate at the appropriate times. The total costs associated with this letter agreement are$186,000. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for • the development of a comprehensive Public Transportation Master Plan, and WHEREAS, PBConsult, Inc. has submitted a letter agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with PBConsult, 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 agreement with PBConsult, Inc., for the development of a comprehensive Public Transportation 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 8th day of November 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe 16 4: NOVEMBER 8,2001 Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.D.4. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Ralph Harris Surveyor, Inc. for the development of a horizontal and vertical control network within the City's G.I.S. mapping system. Don Rundell, Chief Utility Engineer made the staff presentation. This contract will consist of professional services to survey • and establish a citywide horizontal and vertical control network, as a foundation to our G.I.S. mapping system. This will require the establishment of approximately 40 Horizontal and Vertical Control Monuments throughout the City. These monuments will be referenced to the NGS/NAD/83/93 HARN Horizontal Datum and NAVD 88 Vertical Datum. The GPS observations will be sufficient to support—2cm horizontal positions and—5cm vertical positions. The establishment of these Horizontal and Vertical Control Monuments throughout the City will allow for more accurate mapping of the location and relationships between the City's water, wastewater, street, drainage systems, subdivision plats, parcels, etc. within the Citywide G.I.S. System. The total fee for these professional services is $25,000.00. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain surveying services for the development of a horizontal and vertical control network within the City's G.I.S. mapping system, and WHEREAS, Ralph Harris Surveyor, Inc. has submitted a Contract for Surveying Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Ralph Harris Surveyor, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Surveying Services with Ralph Harris Surveyor, Inc., for the development of a horizontal and vertical control network within the City's G.I.S. mapping system, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. ROBERT A. STLUKA JR. Mayor • > Y 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 1 & 5 NOVEMBER 8, 2001 Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • 14.D.5. 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 McConico Building. Jim Nuse, Public Works Director 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." Staff recommended that this method be used for the construction of • the McConico Building. 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 McConico Building, and WHEREAS, the statute requires that a project-by-project determination must be made as to which 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 proposals for construction services," and WHEREAS, Texas Local Government Code, 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," 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 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 8th day of November 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas 16' , NOVEMBER 8, 2001 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 Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.E.1. Consider a resolution authorizing the Mayor to execute a Tax Abatement Agreement with DuPont Photomasks, Inc. Joe Vining,Planning Director made the staff presentation. This will be the second tax abatement agreement with DuPont Photomasks, Inc. The Reinvestment Zone was re-instated as RZ 19A at the September 13, 2001 Council meeting. The cost over a five-year period at the current ad valorem tax rate, the value of the abatement will be worth approximately$312,142. DuPont is investing $27 Million Dollars to upgrade their facility with the latest technology. This investment will result in the creation of ten new jobs and • a significant increase in taxable tangible property. RESOLUTION NO. WHEREAS, the City Council, on the 13th day of September 2001, in Ordinance No. G- 01-09-13-14D1, created Reinvestment Zone No. 19A in the City of Round Rock, Texas, and WHEREAS, in accordance with Chapter 312, Tax Code, V.A.T.S. as amended, the City desires to enter into a tax abatement agreement with'DuPont Photomasks, Inc., regarding property located in Reinvestment Zone No. 19A, and WHEREAS, the Council has determined that all requirements of the guidelines and criteria adopted by Ordinance No. G-99-10-28-9B3 have been complied with,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Tax Abatement Agreement with DuPont Photomasks, Inc., a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the • Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary NOVEMBER 8, 2001 MOTION: Councilmember Palmer moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan • Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *14.E.2. 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. 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 Big Brothers Big Sisters of Central Texas, 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 Big Brothers Big Sisters of Central Texas, Inc. to provide site based mentoring for Round Rock elementary students,Now Therefore BE IT RESOLVED BY 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. to provide site based mentoring for Round Rock elementary students, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. *14.E.3. Consider a resolution authorizingthe e Mayor to execute a Community Development Block Grant Program Agreement with Williamson-Burnet County Opportunities for the Round Rock Adult Day Care Scholarship Program. 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 .' 6 6. NOVEMBER 8, 2001 WHEREAS, the Ci Council desires to enter into a Community Development Block City Y p 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 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. *14.E.4. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with YMCA of Greater Williamson County for teen youth services. 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 YMCA of Greater Williamson County for teen youth services, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with YMCA of Greater Williamson County for teen 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 YMCA of Greater Williamson County for teen 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 8th day of November 2001. *14.E.5. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with Children's Support Coalition for youth services. 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 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 NOVEMBER 8,2001 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 8th day of November 2001. • *14.E.6. Consider a resolution authorizing the Mavor to execute a Community Development Block Grant Pro rg am Agreement with Round Rock Housing Authorityfpart- time Seniors Activities Coordinator. 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 part-time Seniors Activities Coordinator, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with Round Rock Housing Authority for a part-time Seniors Activities Coordinator,Now Therefore BE IT RESOLVED BY 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 part-time Seniors Activities Coordinator, a copy of said agreement being attached • hereto as Exhibit"A"and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. *14.F.1. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Any Baby Can. 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 8th day of November 2001. 1:TG- NOVEMBER 8,2001 *14.F.2. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Bluebonnet Trails CMHMRC. 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 8th day of November 2001. *14.F.3. Consider a resolution authorizingthe to execute a Funding Agreement with Combined Community Action. 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 8th day of November 2001. *14.F.4. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Family Outreach of Williamson County. 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 17� 1 NOVEMBER 8, 2001 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 BE IT RESOLVED BY 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 8th day of November 2001. *14.F.5. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Hands on Housing. 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 Hands on Housing, 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 repair existing homes for the elderly, disabled, and lower-income residents of Round Rock, 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 8th day of November 2001. *14.F.6. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Lifesteps (WCC-ADA). 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 Lifesteps (WCC-ADA), 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 educate the community on the effects of chemical abuse, 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, 171:.2,-. NOVEMBER 8, 2001 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 � g "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required b law at all time p p q y s during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. • *14.F.7. Consider a resolution authorizingthe Ma or to execute a Funding Agreement _v with LifeWorks. 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 8th day of November 2001. *14.F.8. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Literacy Council of Williamson County. 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. 173 NOVEMBER 8,2001 RESOLVED this 8th day of November 2001. *14.F.9. Consider a resolution authorizing the Mavor to execute a Funding Agreement with Meals on Wheels. 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 8th day of November 2001. *14.F.10. Consider a resolution authorizing the Mayor to execute a Funding Agreement • with Round Rock Caregivers. 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 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 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 8th day of November 2001. *14.F.11. Consider a resolution authorizingthe Mayor to execute a Funding Agreement with Round Rock Area Serving Center. 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 174 NOVEMBER 8, 2001 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 ed and directed to execute 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. � p iP The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. *141.12. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Round Rock Volunteer Center. 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, 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 8th day of November 2001. *14.F.13. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the Salvation AM. 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 Salvation Army, 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 bring people together by helping to provide basic physical and spiritual needs, 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, NOVEMBER 8, 2001 175 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 8th day of November 2001. 14.17.14. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Williamson-Burnet County Opportunities. 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 subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. *14.F.15. Consider a resolution authorizingthe Mayor to execute a Funding_Agreement with the YMCA of Greater Williamson County. 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 and after-school activities for children in grades six through eight, 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 176 NOVEMBER 8,2001 was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. *14.F.16. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the Williamson County Crisis Center. This item was approved under the consent. 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 8th day of November 2001. ' • 14.F.17. Consider a resolution approving the 2001-2002 Operating Budget for the Round Rock Transportation System Development Corporation. David Kautz, Finance Director made the staff presentation. The budget provides funding for debt service and administrative, financial, legal and engineering services to the Corporation. The budget is funded from a % % sales tax established for the purpose of providing transportation improvements. The Corporation oversees those improvements with the further approval of the City Council. The Budget is as follows: Revenue and Other Sources Sales Tax Proceeds $10,559,026 Interest Income 275,000 Loan/Bond Proceeds 0 Transfers In 0 Total Revenue $10,834,026 • Operations Expenditures Administration Costs Contractual Services $9,650 Insurance 900 Supplies, Training, Transportation,Misc. 850 Total Administration Costs $11,400 Legal Services Contractual Services $13,104 Legal Notices 2,000 Total Legal Services $15,104 NOVEMBER 8,2001 17 .7 Financial Services Contractual Services $28,392 Audit Fees 2,640 Total Financial Services $31,032 Engineering Services Contractual Services $107,848 Total Engineering Services 107,848 Total Operations Expenditures $165,384 Debt Service • Principal and Interest-Revenue Bonds $2,105,778 Principal and Interest—S.I.B. Loan 1,500,081 Financing Fees 15,000 Total Debt Service $3,620,859 Transportation Capital Projects Expenditures Greenlawn Extension $ 0 IH-35 Turnarounds 321,731 Traffic Signal Coordination 38,500 South Mays Street Extension 1,314,015 U.S. Highway 79 Improvements 25,537 Arterial A 439,364 Arterial B 8,828,244 R.R. Ave/Union Pacific Railroad(FM620) 0 FM 1460-Old Settlers to CR195 2,249,519 Greenlawn Interchange 0 FM 1460 600,000 Arterial C 400,000 Prim Consulting 0 SH-45 1,000,000 Hagler-Bailly Study 0 • Forest Creek/Double Creek 4,111,660 CR 113 565,536 Traffic Signals 538,662 SH-130 Traffic Model 28,252 Transportation Consulting 174,175 Issuance Costs 0 Total Capital Projects Expenditures $20,635,195 Transfers (Reimburse City for IH-35 Turnarounds) 0 Total Expenditures $24,421,438 RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation has submitted a proposed operating budget for fiscal year 2001-2002, 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 2001-2002, 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 8th day of November 2001. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 1, 7 $ NOVEMBER 8,2001 MOTION: .Councilmember Coe moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan • Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.F.18. Consider a resolution expressing official intent to reimburse cost of acquiring certain vehicles and equipment. David Kautz, Finance Director made the staff presentation. In accordance with the operating budget, certain equipment is acquired with cash and subsequently financed for three years through a tax-exempt capital lease. Because of the tax-exempt nature of the financing, Internal Revenue Service regulations require the City to state its intentions before the transactions are completed. This type of financing allows the City to acquire new equipment and replace equipment in a timely manner as replacement criteria are met. For the current fiscal year,the equipment to be financed is scheduled at$675,000. With a three-year payback, the impact on any one operating budget is minimized. Additionally, the tax-exempt capital lease • rates offer a very favorable cost of capital to the City. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas (the "Issuer") is a home-rule City of the State of Texas, and WHEREAS, the Issuer expects to pay expenditures in connection with acquiring certain vehicles and equipment (the "Property") 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 maximum principal amount equal to $675,000 for the purpose of paying the costs of the Property. • II. That all costs to be reimbursed pursuant hereto will be capital expenditures. No tax- exempt obligations will be issued by the Issuer in furtherance of this Resolution after a date which is later than 18 months after the later of(1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. III. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure, which is to be reimbursed, is paid. IV. 179 NOVEMBER 8,2001 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas • ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 14.F.19. Consider a resolution casting votes for the Williamson County Appraisal • District Board of Directors. David Kautz,Finance Director made the staff presentation. In October, the Council nominated individuals for serving on the Williamson County Appraisal District(WCAD)board. The WCAD is responsible for appraising property in the county at its market value for purposes of property taxation. The five-member board serves a 2-year, unpaid term, sets policies for the WCAD and hires the Chief Appraiser. The board also approves the WCAD annual budget, which is funded by assessments of the taxing entities in the county. There is no cost associated with this item. The City pays approximately$135,000 per year to fund the WOAD. RESOLUTION NO. WHEREAS, § 6.03(k) Texas Property Tax Code provides for the governing body of each taxing unit to cast votes for individuals nominated for the Williamson County Appraisal District Board of Directors, and • WHEREAS, the City of Round Rock is entitled to 160 votes which may be cast for individuals nominated for the Board of Directors, and WHEREAS, the City Council wishes to cast its 160 votes as set forth below, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Council hereby casts its votes as follows: 1. Ercel Brashear 0 votes 2. Leslie Hill 0 votes 3. Deborah Hunt 0 votes 4. Don Nix 0 votes 5. Don Paull 0 votes 6. Robert Tagge 160 votes NOVEMBER 8, 2001 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas • ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. APPOINTMENTS: 15.A. Consider 1 appointment to the Advisory Board for the Aging. This is to fill the • unexpired term of Debbie Davis who resigned from this Board. A letter of interest was received from Nancy Wilson. This term is due to expire in June 2002. MOTION: Councilmember Palmer moved to appoint Nancy Wilson to fill the unexpired term. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 15.B. Consider 3 appointments to the Round Rock Transportation System Development Corporation. Terms will expire for 3 members of the Transportation System Development Corporation. One of the positions is to be held by a Councilmember and two by Round Rock residents. Currently Susan Moss and Ruth Koughan hold the two resident positions. Gary Coe holds the position of Councilmember. NOVEMBER 8, 2001 18, 1 MOTION: Councilmember McGraw moved to re-appoint Susan Moss, Ruth Koughan and Gary Coe to the Transportation System Development Corporation. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt • Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. SUPPLEMENTAL AGENDA ITEM ACTION RELATIVE TO EXECUTIVE SESSION: 16.A. Consider discussion and/or action related to the purchase of 0.294 acres owned by Michael Scott Smith and Martha Turner Smith for County Road 113. The Council took no action on this item. COUNCIL COMMENTS: Mayor Stluka noted that a Special Called Council Meeting will be held on Friday, • November 9th at 7:30 a.m. ADJOURNMENT: There being no further business, the meeting adjourned at 9:28 p.m. Respectfully s fully Submitted, ovu���p Ie, Christine R. Martinez, City Secretary • 182 NOVEMBER 9, 2001 The Round Rock City Council met in a Special Called Session on Friday,November 9, 2001 at 7:30 a.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Mayor Robert A. Stluka, Jr. and Councilmember Carrie Pitt were absent. Also present were City Manager Bob Bennett and City Attorney Steve Sheets. • CANVASS NOVEMBER 6, 2001 BOND ELECTION. The Council reviewed the final election results that were provided by John Willingham, Williamson County Election Administrator. DECLARE NOVEMBER 6, 2001 BOND ELECTION RESULTS OFFICIAL. Councilmember Coe relayed the results for the following propositions for the November 6, 2001 Bond Election. PROPOSITION NO. 1 -THE ISSUANCE OF $41,500,000 TAX BONDS FOR CITY STREETS, DRAINAGE AND SIDEWALKS. (Shall the City Council of the City of Round Rock, Texas, be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of$41,500,000 with the bonds of each such series or issues, respectively, to mature serially within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, in accordance with law at the time of issuance, for the purpose of constructing, improving, extending, expanding, upgrading and/or developing city streets, bridges and intersections • including, utility relocation, sidewalks, traffic safety and operational improvements, the purchase of any necessary right-of-way, drainage improvements and other related costs;and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay the bonds at maturity?) FOR: 2,704 AGAINST: 780 PROPOSITION NO. 2 - THE ISSUANCE OF $17,300,000 TAX BONDS FOR CITY PARKS AND RELATED PROJECTS INCLUDING RECREATION CENTER AND SENIOR CITIZEN CENTER. (Shall the City Council of the City of Round Rock, Texas, be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of$17,300,000 with the bonds of each such series or issues, respectively, to mature serially within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion • of the City Council, in accordance with law at the time of issuance, for the purpose of constructing, acquiring, improving, renovating, equipping, and/or developing land and buildings for City park and recreational purposes including parkland, scenic easement, trail acquisition,pedestrian and bike trail improvements, a recreation center and a senior citizen center;and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay the bonds at maturity?) FOR: 2,355 AGAINST: 1,131 NOVEMBER 9, 2001 PROPOSITION NO. 3 - THE ISSUANCE OF $12,200,000 TAX BONDS FOR POLICE AND FIRE FACILITIES. (Shall the City Council of the City of Round Rock, Texas, be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of$12,200,000 with the bonds of each such series or issues, respectively, to mature serially within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion • of the City Council, in accordance with law at the time of issuance, for the purpose of constructing, improving, renovating and equipping City police and fire department facilities including the acquisition of necessary sites;and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay the bonds at maturity?) FOR: 2,781 AGAINST: 699 PROPOSITION NO. 4 -THE ISSUANCE OF $18,800,000 TAX BONDS FOR MUNICIPAL OFFICE CAMPUS PHASE Il, SOUTHWEST DOWNTOWN AREA INFRASTRUCTURE AND PUBLIC WORKS BUILDING EXPANSION. (Shall the City Council of the City of Round Rock, Texas, be authorized to issue.the bonds of the City, in one or more series or issues, in the aggregate principal amount of$18,800,000 with the bonds of each such series or issues, respectively, to mature serially within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, in accordance with law at the time of issuance, for the purposed of constructing, • improving, renovating, expanding and equipping Municipal Office Campus Phase Il and Public Works Building expansion including acquisition of necessary sites and related water, wastewater, drainage, streets, sidewalks and parking infrastructure;and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay the bonds at maturity?) FOR: 1,880 AGAINST: 1,581 The total number of votes that were cast: 3,507. MOTION: Councilmember Palmer moved to declare the results of the November 6, 2001 official. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Stluka • Councilmember Pitt ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business,the meeting adjourned at 7: 40 a.m. Respectfully Submitted, au��4w le. nv&1 +0" Christine R. Martinez, City Secretary 194 NOVEMBER 20, 2001 The Round Rock City Council met in Work Session and Regular Session on Tuesday, November 20, 2001, 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 Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl • Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were Assistant City Manage66k &@er@4wj Joanne Land and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Executive Session as authorized by §551.072 Government Code, related to the purchase of real property, to wit; 0.294 acres owned by Michael Scott Smith and Martha Turner Smith(County Road 113). The Council entered into Executive Session at 6:05 p.m. and adjourned at 6:30 p.m. WORK SESSION: Mayor Stluka dispensed with the order of the agenda and addressed the following item. 4.13.1. Consider a presentation on a proposed electronic document management s stem and PeopleSoft intranet management system software. David Kautz,Finance Director • introduced this item. The presentation outlined two proposals for information technology systems upgrades that will begin as a pilot program in the Finance Department. The first proposal is a portal project with PeopleSoft that will lay the foundation for a powerful intranet system that will ultimately be used by all City employees to manage and share internal documents and information. The second is the upgrade of an electronic imaging system, which will convert paper documentation to an electronic format. Images will be indexed and retrieved in several of ways by staff. Cindy Demers,Accounting Manager, is the lead in the designing and researching of these applications. Ms. Demers outlined the following presentation. Intranet and Electronic Document Management Systems • Intranet Portal • Centralized location to share information and access web-based internal applications. • Ability to provide personalized content and communication based on user's role at the City. • Consistent look and feel for employee \ 18. 51 NOVEMBER 20, 2001 In 1998 the City purchased a PeopleSoft system to be the hub of financial information system. PeopleSoft has software that can be integrated into the City's intranet portal. PeopleSoft Intranet Portal • Provides immediate integration with PeopleSoft financial system • Pre-developed `shell' limits staff time in developing and programming an internal • system • Provides `one login' approach • Supported and Upgraded Ms. Demers gave a demonstration of how the system would work. Electronic Document Management System • Centralized electronic document system Electronic storage of documents Accept input from multiple media(paper, faxes, electronic format) • Not tied to a specific software application. • Secured web based access and retrieval Estimated Cost • • PeopleSoft Portal not to exceed $55,000 • Document Imaging System not to exceed $75,000 Staff received five proposals for the system implementation and is currently reviewing them. System Implementation • Portal installed and on-line by February 2002 • Electronic Document System Phase-in implementation approach • Accounting Department pilot • Expand to other departments once pilot complete After staff has completed their review this item will be brought back for the Council's consideration. • 4.A.1. Consider discussion concerning the health and human services funding process. Debbie Hoffman, Executive Director of United Way gave an update on the hearlth and human services funding process. A survey was provided to the Council at the last meeting to see what direction they want to take regarding the request review applications. Terry Gizelbach,Budget Analyst outlined the results of the Social Service Issue Area priority ranking survey. The number of points that each ranking received is as follows: 1 B.- NOVEMBER 20, 2001 Child Care: 23 Education: 29 Basic Needs: 50 Housing: 34 Transportation: 23 Substance Abuse: 35 Public Safety: 43 Health: 34 These results will help in the distribution of funding for social services. 4.C.1. Consider a presentation on the Historical Downtown Sidewalk Improvements • Project. Jim Nuse,Public Works Director made the staff presentation. The existing downtown streetscape, sidewalks, and pedestrian access enhancements were made in the downtown area approximately fifteen years ago. On July 26, 2001 Baker-Aicklen&Associates, Inc., provided information to the City Council on the status of the project, input received from the groups and general public,ranking of the schemes currently under consideration, and projected time line schedule. Tim Jenkins of Baker-Aicklen outlined the challenges of the Historical Downtown Sidewalk Improvements Project and current status of the project. He also defined the project scope, design challenges, how primary issues have been met and the TDLR variances that will need to be requested. He briefly outlined the construction cost estimates, project time line, • impact on downtown businesses and visitors,phasing,timing schedule, and working hours, and consent building which is working with the owners and managers of downtown businesses. The estimated basic cost of the project is $552,044. Councilmember Pitt expressed her concern regarding the inconvenience of the downtown merchants and asked if the work can be done after hours or in the evening. She also asked about the possibility of providing an incentive for completing the work in less time. Mr. Nuse noted that Councilmember Pitt's recommendations could be added as alternate bids. In addition the project is including 4 additional parking spaces in the downtown area. CALL REGULAR SESSION TO ORDER—7:00 P.M. PLEDGE OF ALLEGIANCE • ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr.,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: Regular Session September 13 2001 18 NOVEMBER 20, 2001 MOTION: Councilmember Coe moved to approve the minutes as submitted. Councilmember Palmer seconded the motion. VOTE: or Ayes: Ma - Y Y Pro tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan • Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Robert Griffith, 514 Dennis Drive, representing the Round Rock Volunteer Fire Department offered a brief highlight of the dedication on November 17"'of the Circa 1884 Hand Pumper truck. He gave brief highlights of the event. Stuart Rohre, Secretary Emeritus briefly outlined the history of the Hand Pumper Wagon. Ed Girvan, Chief of the Round Rock Volunteer Fire Department Chief presented Mayor Stluka with a commemorative plaque of the Hand Pumper Truck dedication. Patrick Mullin, 501 E. Logan Street, informed the Council that this year's Kid Fish would • be held Sunday,December 2, 2001 at Old Settlers Park at Palm Valley. Kid Fish is an outreach program designed to educate and provide hands on fishing experience to children of all ages. Kid Fish generously stocks the pond prior to fishing to increase the children's odds of a memorable fishing experience. Everything the child will need to fish will be provided to those who need it. Volunteers will be on hand to assist in catching the fish stocked for the Kid Fish event. The event is free, although donations are accepted to support the community fishing outreach efforts. John Gordon, 1007 Green Meadow, expressed his concern regarding the transportation issue around the Lakeview Middle School and offered solutions. Dominik Chilleri, 3012 Sugar Berry Cove,who is 7 years olds asked the Council to change the current smoking law to no smoking in restaurants because his mother and brother • can't be around smoke due to health reasons. PRESENTATIONS: 10.A. Continuation of presentations not addressed during the Work Session. All the presentations were completed during the Work Session. Mayor Stluka dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following item. 18, 8 NOVEMBER 20, 2001 ACTION RELATIVE TO EXECUTIVE SESSION: 14.A. Consider discussion and/or action related to the purchase of 0.294 acres owned by Michael Scott Smith and Martha Turner Smith for County Road 113. MOTION: Councilmember Palmer moved that the City Attorney proceed with negotiations as discussed in Executive Session. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Mayor Stluka Noes: None Councilmember Coe was out of the room when the vote was taken. ACTION: The motion carried unanimously. 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 13.D.1. was removed from the Consent Agenda and considered in its normal sequence on the agenda. *1231. Consider an ordinance approving and adopting a budget for the Law • Enforcement Fund for the 2001-2002 fiscal year. Second Reading) *12.C.1. Consider an ordinance relating to electric franchise fee payments as calculated and paid under Texas Utility Code, 03.008 for existing franchisees. (Second Reading) *12.1).1. Consider an ordinance authorizingthe he placement of stop signs at various intersections in the Behrens Ranch Phase B Section 1 Subdivision. (Second Reading) *12.D.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma Section 3 Subdivision. (Second Reading) *12.D.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Bent Tree Subdivision. (First Reading) *12.D.4. Consider an ordinance designating the intersections of Buckley Lane and • Bradley Lane, and Buckley Lane and Jester Farms Road as all-way stop intersections. (First Reading) *12.E.1. Consider an ordinance approving and adopting a budget for the Ron Sproull Memorial Fund for the 2001-2002 fiscal year. (Second Reading) 189 NOVEMBER 20,2001 *12.E.2. Consider an ordinance approving and adoptingget for the Landscape Fund for the 2001-2002 fiscal year. (Second Reading) 12.E.3. Consider an ordinance approving and adopting a budget for the Park Development Fund for the 2001-2002 fiscal year. (Second Reading) • *13.B.1. Consider a resolution authorizing the closing of East Main Street between North Mays Street and Sheppard Street from 3:00 o'clock p.m. until 12:00 o'clock midnight on December 7, 2001 for Christmas Family Night. The street closing was amended as follows: Main Street closed from North Mays to Sheppard from 5:30 p.m. to midnight and Sheppard to Burnet Street from 3:00 p.m. to midnight. *13.C.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Adeline Geistman for right-of-way for the Highway 79 project. *13.C.2. Consider a resolution determining the public necessity for the acquisition of 1.089 acres of land for the proposed State Hi hwa.5project, authorizing the continued negotiation for the purchase of the land, and if necessary, authorizing the City Attorney to initiate • eminent domain proceedings t�quire this needed property. *13.D.1. Consider a resolution setting the date, time and place for a public hearing on the creation of the Grimes Boulevard Public Improvement District No. 1. This item was withdrawn from the consent agenda and addressed in its normal sequence of the agenda. *13.D.2. Consider a resolution setting the date, time and place for a public hearing on the creation of the Grimes Boulevard Public Improvement District No. 2. *13.D.3. Consider a resolution settiniz the date, time and place for a public hearing on the creation of the Grimes Boulevard Public Improvement District No. 3. *13.E.2. Consider a resolution authorizing the Mayor to execute a contract with Garcia General Contractors,Inc. for the Round Rock West Drive Sidewalk Improvements. • MOTION: Councilmember McGraw moved to approve all of the Consent Agenda items listed. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka NOVEMBER 20, 2001 Noes: None ACTION: The motion carried unanimously. ORDINANCES: 12.A.1. Consider an ordinance authorizinjz the Ma or to execute a telecommunications _v franchise agreement with Grande Communications. (Second Reading) Will Hampton, Communications Director made the staff presentation. Grande Communications of San Marcos • approached the City last year seeking a franchise to provide cable television and telephone service to Round Rock customers. This agreement has a 15-year term. Grande is agreeing to provide an up front payment of$100,000 to spread out over three years, to the City for its government access channel operations, as well as provide up to $250,000 in broadband services to the City. If approved,Round Rock customers will have an additional choice for cable television and local phone service providers. There have been no changes since the first reading of the ordinance. Mayor Stluka asked if a build out plan would be provided because he doesn't want a "cherry picking"manner in providing the service. He wants every citizen throughout the community to have the opportunity to receive this service if they desire. • Paul Lewis representing Grande Communications thanked the Council and staff for all their work and added that they do not do "cherry picking"in setting up the service. ORDINANCE NO. AN ORDINANCE GRANTING TO GRANDE COMMUNICATIONS, INC. A FRANCHISE FOR CONSTRUCTING, MAINTAINING, OPERATING AND USING A CABLE SYSTEM WITHIN THE CITY OF ROUND ROCK FOR THE PROVISION OF CABLE AND OTHER SERVICES; PROVIDING THE TERMS AND CONDITIONS UNDER WHICH THE FACILITIES OF GRANDE COMMUNICATIONS, INC. WILL BE INSTALLED, OPERATED AND MAINTAINED; ESTABLISHING A TERM OF THE AGREEMENT; AND ESTABLISHING AN EFFECTIVE DATE. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 12.A.2. Consider an ordinance approving and adopting a budget for the Municipal Court Fund for the 2001-2002 fiscal year. (First Reading) Municipal Court Judge Dan McNery made 191, NOVEMBER 20, 2001 the staff presentation. This item 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 for 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. The proposed budget is as follows: Beginning Unreserved Fund Balance Child Safety $ 4,457 Beginning Unreserved Fund Balance Technology 17,995 Beginning Unreserved Fund Balance Security 13,569 Less Reserves 0 Available Balance $36,021 REVENUES: Child Safety Fines $ 1,000 Child Safety fines Interest Income 136 Technology Fees 15,000 Technology Fees Interest Income 907 Security Fees 12,000 Security Fees Interest Income 703 Total Revenues $29,747 • Total Funds Available $65,768 EXPENDITURES Child Safety Fines North Mays Crosswalk Upgrade $ 5,593 Sub Total $ 5,593 Technology Fees Auto Cite Program Hardware $20,000 Auto Cite Program Software 4,000 Training Expenses 9,902 Sub Total $33,902 Security Fees Security Services $20,000 Equipment/Supplies '6,273 Sub Total $26,273 Total Expenditures $65,768 • ' Estimated Unreserved Fund Balance 9/30/02 0 ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND FOR THE 2001-2002 FISCAL YEAR. MOTION: Councilmember Palmer moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson 192 NOVEMBER 20,2001 Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *12.B.1. Consider an ordinance approving and adopting a budget for the Law • Enforcement Fund for the 2001-2002 fiscalear^(Second Reading) This item was approved under the consent agenda. This $158,684 budget is for revenues generated by asset forfeitures shared with state and federal law enforcement agencies. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2001-2002 FISCAL YEAR. *12.C.1. Consider an ordinance relating to electric franchise fee payments as calculated and paid under Texas Utilfty Code, §33.008 for existing franchisees. (Second Reading) This item was approved under the consent agenda. Currently, the franchise fee is based upon 4% of TXUE gross receipts from the retail sale of electric power sold within the City. Pursuant to new • legislation,beginning in January 2002, the fee will be based upon the number of kilowatt-hours delivered within the City's boundaries. ORDINANCE NO. AN ORDINANCE RELATING TO ELECTRIC FRANCHISE FEE PAYMENTS AS CALCULATED AND PAID UNDER TEXAS UTILITY CODE, §33.008 FOR EXISTING FRANCHISEES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. 12.C.2. Consider an ordinance surrendering to the Texas Natural Resource Conservation Commission the exercise of exclusive original jurisdiction over the utility rates, operation and services of investor owned utilities,within the incorporated limits of the City of Round Rock. (First Reading) David Kautz, Finance Director made the staff presentation. Round Rock Ranch Enclave is a residential gated community of approximately 50 homes PUD 13),which is • served by a private water and wastewater utility. According to the PUD, the homeowner association maintains an investor owned utility provides water and wastewater utility lines and utility service. The City provides service to the investor owned utility. For the purpose of regulating rates and services, the City has exclusive original jurisdiction over all water and sewer utility rates, operations and services provided by a water and sewer utility within its corporate NOVEMBER 20, 2001 193 limits. Staff recommended that the City's original jurisdiction for water and sewer utility rates, operations and services as it relates to the investor owned utility serving Round Rock Ranch Enclave be transferred to the Texas Natural Resources Conservation Commission(TNRCC). Transfer of original jurisdiction over utility rates and operations for an investor owned(private) utility to the TNRCC, gives customers of the investor owned utility rate appeal and operating • oversight. Furthermore, utility rate appeal and operating oversight are provided by an agency that is established for, organized for and better suited for this purpose. ORDINANCE NO. AN ORDINANCE SURRENDERING TO THE TEXAS NATURAL RESOURCES CONSERVATION COMMISSION, THE EXERCISE OF EXCLUSIVE ORIGINAL JURISDICTION OVER THE UTILITY RATES, OPERATION, AND SERVICE OF INVESTOR OWNED UTILITIES, WITHIN THE INCORPORATED LIMITS OF THE CITY OF ROUND ROCK. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt • Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None • ACTION: The motion carried unanimously. *12.D.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Behrens Ranch Phase B Section 1 Subdivision. (Second Reading) This item was approved under the consent agenda. The stop signs will be placed on Arbor Drive at Wyoming Springs Drive; Arbor Court at Arbor Drive; Masonwood Way at Arbor Drive NOVEMBER 20, 2001 (northwest and southeast); Whispering Woods Court at Masonwood Way; and Pecan Crest Cove at Masonwood Way. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF ARBOR DRIVE AND WYOMING SPRINGS DRIVE, ARBOR COURT AND ARBOR DRIVE, MASONWOOD WAY AND ARBOR DRIVE, WHISPERING WOODS COURT AND MASONWOOD WAY, AND PECAN CREST COVE AND • MASONWOOD WAY AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.D.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma Section 3 Subdivision. (Second Reading) This item was approved under the consent agenda. The stop signs will be placed on Belvedere Place at Paradise Ridge Drive; Fallen Leaf Lane at Paradise Ridge Drive; Paradise Ridge Drive at Fallen Leaf Lane; Pastori Cove at Leah Lane; Fallen Leaf Lane at Leah Lane; and Belvedere Place (north and southbound) at Leah Lane. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF BELVEDERE PLACE AND PARADISE RIDGE, FALLEN LEAF LANE AND PARADISE RIDGE DRIVE, PARADISE RIDGE DRIVE AND FALLEN LEAF • LANE, PASTORI COVE AND LEAH LANE, FALLEN LEAF LANE AND LEAH LANE, AND BELVEDERE PLACE AND LEAH LANE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.D.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Bent Tree Subdivision. (First Reading) This item was approved under the consent agenda. The stop signs will be placed on Desert Willow Drive at Sam Bass Road; Desert Willow Drive at Bent Tree Loop; Cedar Elm Lane at Red Oak Circle; Cedar Elm Lane at Bent Tree Loop; Red Oak Circle at Plantation Drive (East and West); Smoke Tree Trail at Plantation Drive; Smoke Tree Trail at Red Oak Circle; Plantation Drive at Creekbend Boulevard; Grove Drive at Creek Bend Boulevard; Grove Drive at Bent Tree Loop; Bent Tree Loop at Plantation Drive. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF DESERT WILLOW DRIVE AND SAM BASS ROAD, DESERT WILLOW DRIVE AND BENT TREE LOOP, CEDAR ELM LANE AND RED OAK CIRCLE, CEDAR ELM LANE AND BENT TREE LOOP, RED OAK CIRCLE AND PLANTATION DRIVE, SMOKE TREE TRAIL AND PLANTATION DRIVE, SMOKE TREE TRAIL AND RED OAK CIRCLE, PLANTATION DRIVE AND CREEKBEND BOULEVARD, GROVE DRIVE AND CREEK BEND BOULEVARD, GROVE DRIVE AND BENT TREE LOOP, AND NOVEMBER 20,2001 BENT TREE LOOP AND PLANATION DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 12.D.4. Consider an ordinance designating the intersections of Buckley Lane and Bradley Lane, and Buckley Lane and Jester Farms Road as all-way stop intersections. (First Reading) This item was approved under the consent agenda. A recent traffic accident on Buckley • Lane warrants the placement of an all-way stop at this intersection. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF BUCKLEY LANE AND BRADLEY LANE, AND BUCKLEY LANE AND JESTER FARMS ROAD AS ALL-WAY STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.E.1. Consider an ordinance approving and adopting a budget for the Ron Sproull Memorial Fund for the 2001-2002 fiscal year. (Second Reading) This item was approved under the consent agenda. Harriett Sproull donated$100,000 to be used for the development and maintenance of Round Rock Memorial Park with the stipulation that the principal never be spent. This was done in memory of her husband Ron. The funds are used for additional maintenance services during high periods. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE RON SPROULL MEMORIAL FUND FOR THE 2001-2002 FISCAL YEAR. *12.E.2. Consider an ordinance approving and adopting a budget for the Landscape Fund for the 2001-2002 fiscal year. (Second Reading) This item was approved under the consent agenda. This fund was established to provide for replacement trees, destroyed through the development process. Developers who must cut a mature tree and cannot replace it on the site must contribute to this fund. Also, interested parties make contributions for the purchase of trees. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LANDSCAPE FUND OR THE 2001-2002 FISCAL YEAR. 12.E.3. Consider an ordinance approving and adopting a budget for the Park Development Fund for the 2001-2002 fiscal year. ,Second Reading) This item was approved under the consent agenda. This account was established to serve as a depository for donations, developer contributions, sports facility capitol improvement fees and interest income, which are earmarked for specific projects. ORDINANCE NO. 191.6 NOVEMBER 20, 2001 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE PARK DEVELOPMENT FUND FOR THE 2001-2002 FISCAL YEAR. RESOLUTIONS: 13.A.1. Consider a resolution selecting air quality improvement measures appropriate for the City of Round Rock to include in the proposed 03 Flex Agreement for the Austin/San Marcos Metropolitan Statistical Area. Bob Bennett, City Manager made the staff presentation. The City is committed to adopt effective, practical and measurable air quality emission improvement strategies for the purpose of reducing ground-level ozone concentrations and attaining cleaner,healthier air for the benefit of the citizens. The 03 Flex Plan is an agreement between Round Rock, surrounding governments, Austin and the EPA. The plan has been under construction for almost 3 years. It addresses both the 8-hour and 1 hour standard for ozone and keeps us out of non-attainment for the time being. However, the plan is built for results and we must show progress in reducing ozone levels. If unsuccessful and we achieve non-attainment the impact will-be negative and significant. Michael Thane, Ozone Officer gave an overview of the following quality improvement strategies that Round Rock is either currently following or will be follow (4) to help attain • compliance. Employee VMT/Emission Reduction (Commute Solutions) • Compressed Work Week • Flexible Work Schedule • Carpool or Alternative Transportation Incentives • Transit Pass Subsidized By Employer • Ozone Action Day Program • Teleworking (Full Time) • Teleworking(Part Time) • Direct Deposit � Fleet Emissions Reduction • Alternative Fuel Vehicles • • Low Emissions Vehicles • Recycle Impound/Old Vehicles • Right Sizing q • Five-Minute Limit On Diesel Idling • Cleaner Diesel q • Fueling of Vehicles In Evening • Proper Maintenance 19' T NOVEMBER 20, 2001 • Vapor Recovery On Pumps Miscellaneous Emissions Reduction • Low VOC Asphalt • Low VOC � • Striping Material • • Equipment Specifications • Employee Education Program • Public Education Program • Materials Recycling q • Low-Emissions Gas Cans • Tree Planting • Traffic Flow Improvements • Intelligent Transportation Systems • Energy Star Materials q RESOLUTION NO. WHEREAS, the City of Round Rock, Texas, is committed to the adoption of effective, practical and measurable air quality emission improvement strategies for the purpose of reducing ground-level ozone concentrations and attaining cleaner, healthier air for the benefit of the citizens of Round Rock and the State of Texas; and • WHEREAS, the City of Round Rock, Texas, along with other Central Texas communities and local government entities, is committed to developing and implementing effective and sustainable programs that will significantly improve air quality and will assure that the region will stays in attainment of the 1-hour ozone standard established by the Environmental Protection Agency; and WHEREAS,the City of Round Rock, Texas proposes to adopt the air quality improvement measures set forth in Exhibit A, attached hereto; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City is committed to the implementation of the air quality improvement strategies set forth in Exhibit"A" attached hereto and cooperation with other Central Texas communities to reduce ground-level ozone concentrations and attain cleaner air. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of November 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas • ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt 198 NOVEMBER 20, 2001 Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *13.B.1. Consider a resolution authorizing the closing of East Main Street between North Mays Street and Sheppard Street from 3:00 o'clock p.m. until 12:00 o'clock midnight on • December 7, 2001 for Christmas Family Night. This item was approved under the consent agenda with the following change in the street closing: Main Street closed from North Mays to Sheppard from 5:30 p.m. to midnight and Sheppard to Burnet Street from 3:00 p.m. to midnight. This is the 22"d annual Christmas Family Night. RESOLUTION NO. WHEREAS, the Parks and Recreation Department of Round Rock has requested that East Main Street from Mays Street to Sheppard Street be closed from 3:00 p.m. to midnight on December 7, 2001, and that East Main Street from Sheppard Street to Burnet Street be closed from 5:30 p.m. to midnight on December 7, 2001 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 from Mays Street to Sheppard Street be closed from 3:00 p.m. to midnight on December 7, 2001, and that East Main Street from Sheppard Street to Burnet Street be closed from 5:30 p.m. to midnight on December 7, 2001 for Christmas Family Night. • The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of November 2001. *13.C.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Adeline Geistman for right-of-way for the HighwU 79 project. This item was approved under the consent agenda. The settlement amount is $425,000.00. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.73 acre tract of land for additional right-of- way for the Highway 79 Project, and WHEREAS, Adeline Geistman, 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 Adeline Geistman, 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 20th day of November 2001. 199 NOVEMBER 20, 2001 *13.C.2. Consider a resolution determining the public necessity for the acquisition of 1.089 acres of land for the proposed State Highway 45 project, authorizing the continued negotiation for the purchase of the land, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property This item was approved under the • consent agenda. RESOLUTION NO. WHEREAS,the City Council,upon consideration of the matter,has determined that there is a public necessity for the welfare of the City of Round Rock and the public-at-large to construct, expand,widen and maintain improvements to State Highway 45, and to perform associated public use and purposes ("Project"); and WHEREAS, the City of Round Rock,hereby finds that it is a necessity and in the public interest to acquire approximately 1.089 acres of land in Williamson County, Texas, in fee simple, said land more particularly described in Exhibit"A", attached hereto and incorporated herein by reference for all purposes ("Property"); and WHEREAS, the City Attorney has continued to engage in good faith negotiations with the landowner, and to this point has been unable to agree on the amount of compensation to be paid the landowner for the acquisition of the Property; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That it is necessary for the welfare and public mobility of the City and its citizens and is in the public interest to construct, expand, widen and maintain State Highway 45, and to perform associated public use and purposes and to acquire fee simple title in and to the above described land, in order to allow the City and/or its assigns to complete said Project. That the City Attorney is authorized to continue good faith negotiations to purchase the • required property interests. That if it is determined that the purchase of these property interests cannot be reached after a bona fide offer to pay the fair market value for the property sought, then the City Attorney is further authorized to initiate proceedings in eminent domain against the owners and interested parties of the Property to acquire fee simple title in and to the above described land in order to allow the City and/or its assigns to complete said Project, and to perform and undertake all other proceedings or tasks necessary to complete the acquisition of the 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 20th day of November, 2001. *13.D.1. Consider a resolution setting the date, time and place for a public hearing on the creation of the Grimes Boulevard Public Improvement District No. 1. Councilmember McGraw read the attached(Attachment"A") disclosure of conflict of interest for this item. • David Kautz, Finance Director made the staff presentation. This resolution is the first step in the creation of the Grimes Public Improvement District. The purpose is of which is to partially reimburse the City for the cost of the construction of Grimes Boulevard. RESOLUTION NO. A RESOLUTION SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE CREATION OF THE GRIMES BOULEVARD PUBLIC IMPROVEMENT DISTRICT NO. 1; AND AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING. 2 0. NOVEMBER 20,2001 WHEREAS, a petition regarding the creation and establishment of the Grimes Boulevard Public Improvement District No. 1 on property described in the attached Exhibit"A"has been submitted to the City, and WHEREAS, the City desires to call a public hearing to consider the creation of the Grimes Boulevard Public Improvement District No. 1,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. That a public hearing regarding the creation and establishment of the Grimes Boulevard Public Improvement District#1 shall be held before the City Council of the City of Round Rock, Texas on the 20'h day of December, 2001 at 7:00 p.m. in the City Council Chambers at 221 East • Main Street, Round Rock, Texas 78664. II. That the City Secretary is directed to give proper notice of the hearing as required by Section 372.009 of the Local Government Code. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required b law at all times during which this Resolution and the p p q Y g subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of November 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pahner moved to approve the resolution. Councilmember Pitt seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson ik- r McCaa-.x, Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe 8657q A Mayor Stluka C0UA)61 rn&n,6&e) Noes: None / eAfAu' ACTION: The motion carried unanimously. *13.D.2. Consider a resolution setting the date, time and place for a public hearing on the creation of the Grimes Boulevard Public Improvement District No. 2. This item was approved under the consent agenda. This resolution is the first step in the creation of the Grimes Public Improvement District. The purpose is of which is to partially reimburse the City for the cost of the construction of Grimes Boulevard. • RESOLUTION NO. A RESOLUTION SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE CREATION OF THE GRIMES BOULEVARD PUBLIC IMPROVEMENT DISTRICT NO. 2; AND AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING. WHEREAS, a petition regarding the creation and establishment of the Grimes Boulevard Public Improvement District No. 2 on,property described in the attached Exhibit"A"has been submitted to the City, and WHEREAS, the City desires to call a public hearing to consider the creation of the Grimes Boulevard Public Improvement District No. 2,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Council Minutes Attachment "A" November 20, 2001 ALAN M. WGRAw ROUND ROCK CITY COUNCILMAN PLACE 2 2708 WOLKIN COVE ROUND RoCK,TExas 78681 TEL:512-388-5889 Christine Martinez City Secretary of Round Rock 221 East Main Street Round Rock, Texas 78664 Re: Disclosure of Conflict of Interest Regarding Meeting of the City Council on November 20, 2001 Dear Christine: Please insert this letter into the minutes of the City Council Meeting on November 20, 2001. The City Charter provides that "all members of the City Council—shall vote upon every resolution or ordinance, except where there is a conflict of interest, the reason for which shall be stated concisely in the records." §3.12 Agenda item 13(D)(1) concerns a Public Improvement District to be established for Sycamore Trail, Ltd. Prior to my election to council, I represented Sycamore Trail, Ltd. in negotiations'with the City to establish this Public Improvement District. Therefore, given my prior representation of Sycamore Trail, Ltd., I believe it would be a conflict of interest for me to now vote on this matter. Sincerely, Alan M. McGraw Councilman Place 2 No Text 20, � NOVEMBER 20,2001 I. That a public hearing regarding the creation and establishment of the Grimes Boulevard Public Improvement District#2 shall be held before the City Council of the City of Round Rock, Texas on the 20"'day of December, 2001 at 7:00 p.m. in the City Council Chambers at 221 East Main Street, Round Rock, Texas 78664. H. That the City Secretary is directed to give proper notice of the hearing as required by Section 372.009 of the Local Government Code. The City Council hereby finds and declares that written notice of the date, hour,place and • subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of November 2001. *13.D.3. Consider a resolution setting the date, time and place for a public hearing on the creation of the Grimes Boulevard Public Improvement District No. 3. This item was approved under the consent agenda. This resolution is the first step in the creation of the Grimes Public Improvement District. The purpose is of which is to partially reimburse the City for the cost of the construction of Grimes Boulevard. RESOLUTION NO. A RESOLUTION SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE CREATION OF THE GRIMES BOULEVARD PUBLIC IMPROVEMENT DISTRICT • NO. 3; AND AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING. WHEREAS, a petition regarding the creation and establishment of the Grimes Boulevard Public Improvement District No. 3 on property described in the attached Exhibit"A"has been submitted to the City, and WHEREAS, the City desires to call a public hearing to consider the creation of the Grimes Boulevard Public Improvement District No. 3,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. That a public hearing regarding the creation and establishment of the Grimes Boulevard Public Improvement District#3 shall be held before the City Council of the City of Round Rock, Texas on the 20'h day of December, 2001 at 7:00 p.m. in the City Council Chambers at 221 East Main Street,Round Rock, Texas 78664. II. That the City Secretary is directed to give proper notice of the hearing as required by Section 372.009 of the Local Government Code. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 20th day of November 2001. 13.E.1. Consider a resolution authorizing the Mayor to execute Contract Amendment No. 1 with HDR Engineering, Inc. for the design of the East Water Transmission Line (Phase II) Improvements. Mayor Stluka disclosed that he has had business dealing with HDR unrelated to City business and would be refraining from discussion or vote on this item. Mayor Pro-tem Nielson chaired this item. 2._.,0 2 NOVEMBER 20, 2001 Jim Nuse, Public Works Director made the staff presentation. Council approved the current contract with HDR for the East Water Transmission Line (Phase I) Improvements on the 22nd day of March 2001 and Phase H on the 9th day of August 2001. These improvements are needed to meet the City's future water demands in east and northeast areas of the City. Phase I, improvement of a 48-inch water line from the Water Treatment Plant to Barton Hill is currently • under design. Bids were taken for Phase IA on November 13 a,, 2001, in order to coordinate our project, crossing the Beasley property,with the current construction of the Roger Beasley Dealership. The Phase II improvements are a 36-inch water line along Chandler Road and FM 1460 to Old Settlers Drive and a 2 million gallon elevated tank on Barton Hill. The general scope of work under this amendment is for additional surveying services. These services are required to determine the best route, to accommodate property owner's request, easement research and verification of existing utilities. This will also help facilitate negotiations with property owners for needed easements and to avoid existing utilities west of IH-35. In addition these services help determine the most effective and efficient route. The total fee for this amendment is $13,200.00. 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 Amendment No. 1 to the Contract to provide for additional surveying services, as described in the attached Amendment No. 1, and WHEREAS,the City Council desires to enter into said Amendment 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 Amendment No. 1 to the Contract with HDR Engineering, Inc., a copy of said amendment being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of November 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer 203_.; NOVEMBER 20, 2001 Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Mayor Stluka did not vote on this item. ACTION: The motion carried unanimously. *13.E.2. Consider a resolution authorizing the Mavor to execute a contract with Garcia General Contractors, Inc. for the Round Rock West Drive Sidewalk Improvements. This item was approved under the consent agenda. This is for an accessible pathway for the Round Rock West Park on Round Rock West Drive to McNeil Road. The contract is for$27,387.50. RESOLUTION NO'. WHEREAS, the City of Round Rock has duly advertised for bids for the Round Rock West Drive Sidewalk Improvements Project, and WHEREAS, Garcia General Contractors, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Garcia General Contractors, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Garcia General Contractors, Inc. for the Round Rock West Drive Sidewalk Improvements Project. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting • was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551 Texas Government Code as amended. p g P , RESOLVED this 20th day of November, 2001. 13.E.3. Consider a resolution authorizing the Mayor to execute Change Order No 3 with RGM Constructors, L.P. for the A.W. Grimes, Phase I Construction Project Jim Nuse, Public Works Director made the staff presentation. A. W. Grimes Boulevard,Phase I, is an ongoing roadway project for the City. The completion of this new roadway will help to decrease the traffic congestion in specific areas of Round Rock. This new road will increase the efficiency of the City's Transportation System and provide another major north-south travel way for the citizens of Round Rock. The cost is $1,190,595.47. 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. 3,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 3 to the Contract with 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. NOVEMBER 20, 2001 The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of November, 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt ,Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. ACTION RELATIVE TO EXECUTIVE SESSION: 14.A. Consider discussion and/or action related to the purchase of 0.294 acres owned by • Michael Scott Smith and Martha Turner Smith for Countv Road 113. This item was addressed earlier in the meeting. COUNCIL COMMENTS: Mayor Stluka said that in regarding to alternative methods of construction an opportunity has come up to have a presentation regarding the design built process that will help the Council decide which method to take. He has asked Jim Broadus who is the key man for UT design built process to make a presentation on January 10fl' at 6:00 p.m. work session. ADJOURNMENT: There being no further business, the meeting adjourned at 8:48 p.m. Respectfully Submitted, d&d&W- /e-"&' • Christine R. Martinez, City Secretary DECEMBER 3,2001 The December 3, 2001 Special Called Meeting of the City Council and Planning and Zoning Commission was held in the Round Rock Chamber of Commerce located at 212 East Main Street. Mayor Robert A. Stluka, Jr. called the meeting to order at 6:05 p.m. Present along with Mayor Stluka were Council members Tom Nielson, Alan McGraw, Carrie Pitt, Earl Palmer, Isabel Gallahan, Gary Coe, Planning and Zoning Commission members Al Kosik, Sandy Arnold, • Russ Boles, Frank Del Castillo, David Pavliska, and Elaine Wray. Commissioner Brad Ellis was on Active Military Duty. Commissioners Peter Drapes and Jim Cotton were absent. Staff included Joe Vining, Director of Planning and Community Development, Jim Stendebach, Assistant Director, Susan Brennan, Senior Planner, Randy Gilbert, Senior Planner, Shilpa Bhadsavle, Senior Planner, Sharon Prete, Director of Parks and Recreation, James Hemenes, Parks Planner, Emsud Herozovich,Urban Forester, and Steve Sheets, City Attorney. WORK SESSION 3.A. Joint work session concerning proposed revisions to the City of Round Rock Zoning Ordinance. Specifically concerning the following proposed sections: 11.501 -Design Standards • 11.502—Landscaping and Buffers 11.503 —Off-street Parking and Loading 11.504—Traffic Impact Studies 11.505—Access and Circulation 11.506—Outside Storage and Display 11.600—Nonconformities 11.700 - Enforcement Lee Einsweiller of Duncan and Associates made a presentation on the last portion of the Zoning Ordinance Revision. He outlined design standards for townhouse/multifamily districts and non-residential designs which included the C-1, C-2, OF, and PF districts. The design • standards for townhouse/multifamily districts included elevation variation requirements, exterior color requirements, exterior finish requirements, and roofing and design feature requirements. Mr. Einsweiller proceeded to outline compatibility issues such as mechanicals, refuse, landscaping, and lighting. Chairman Kosik wanted a definition for light source on Page 131, paragraph 2. Councilmember Pitt wanted to know if La Frontera was being used as an example of minimum requirements. Mr. Einsweiller said that it was. 20. 6 DECEMBER 3, 2001 Mr. Einsweiller gave an overview of landscaping and buffers. He said that the requirements were based on a point system. There are mandatory and flexible techniques. Commissioners Del Castillo and Pavliska expressed his concerns regarding the minimum tree size requirements. Sharon Prete said that they are still working on the details. Chairman Kosik expressed his concern that the landscape requirements were too confusing. • Mr. Einsweiller proceeded to outline off street parking and loading, traffic impact study, outdoor storage and display, and access and circulation requirements. Commissioner Del Castillo expressed his concern that everything in the C-1 district was going to look like a house. Mr. Vining said that it was only required to look like a house if the building area was less than 10,000 square feet. Councilmember Gallahan expressed her concern about the effect of the new standards on developers. Mr. Einsweiller said that Round Rock has a good reputation for working with the developers. Commissioner Boles expressed his concern that the landscape requirements are not tight enough and does not want developers to see what they can get away with. Mayor Stluka asked if everything under the historic overlay was protected. Mr. • Einsweiller said that it was. Councilmember Pitt asked if the landscape ordinance would define the protected trees. Randy Gilbert said that it would and that it would list the same species as the existing ordinance. He also said that landscape plans require the seal of a landscape architect. Commissioner Pavliska expressed his concern that all of these new requirements would cost the citizens money. Mr. Vining said that it would not cost any more money because if a developer wants to do anything different now, he has to go through the PUD process which is very expensive and time consuming. ADJOURNMENT: There being no further business,the meeting adjourned at 7:50 p.m. • Respectfully submitted, Lah W. Murphy, Planner Technician 207 DECEMBER 4, 2001 The Round Rock City Council met in Special Called Session and City Council Packet Briefing on Tuesday, December 4, 2001 at 5:30 p.m. in the 3rd Floor Conference Room of City Hall, 221 E. Main Street. ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl • Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager,-Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. COUNCIL PACKET BRIEFING: 3.A. Consider staff briefings and Councilmembers' discussion and questions regarding items on the agenda for the December 6, 2001 City Council meeting, Staff gave a brief overview of each item on the agenda. The Council had no specific question or discussion on any of the items except that item 12.C.2 regarding the school speed zone on Plantation Drive and item 12.C.3. regarding no parking during certain times on Plantation Cove and a portion of Plantation Drive be removed from the consent agenda so they can be discussed at the Council meeting. Mayor Pro-tem Nielson disclosed that he has a conflict of interest with item 4.A., 4.B., • 5.A.1. and 5.A.2. because he has had a business relationship unrelated to City business with parties of these items. EXECUTIVE SESSION: 4.A. Executive Session as authorized by §551.071 Government Code,related to pending litigation, to wit: Cause 01-0096-CC3, County Court No. 3, Williamson County; City of Round Rock vs. Stephen M. Jones, et al. (4.52 acres for SH 45 and A.W. Grimes Boulevard) 4.B. Executive Session as authorized by §551.072 Government Code,related to the purchase of real property, to wit; 1.089 acres owned by Villages at Warner Ranch PUD L.P., Part 1 for SH-45. The Council entered into Executive Session at 6:01 p.m. and addressed this item and the next item together. The Executive Session for items 4.A. and 4.B. adjourned at 6:20 p.m. 4.C. Executive Session as authorized by §551.072 Government Code, related to the • purchase of the following tracts of land,known locally as "The Blackland Prairie": 1) 5.300 acres owned by Roy and Carol McCrary; and 2) 5.320 acres owned by James G. and Gloria Carlin The Council entered into Executive Session for this item at 6:21 p.m. and adjourned back into the Special Called Session at 6:38 p.m. RESOLUTIONS: DECEMBER 4, 2001 5.A.1. Consider a resolution authorizing the settlement of the condemnation lawsuit s1yled City of Round Rock vs. Stephen M. Jones et al. RESOLUTION NO. WHEREAS, the City Council, upon consideration of the matter, has determined that there exists a public necessity for the welfare of the City of Round Rock and the public-at-large to construct and maintain State Highway 45 and A.W. Grimes Boulevard, and to perform associated public purposes ("Project"); and • WHEREAS, the City of Round Rock, has a need to acquire approximately 4.52 acres of land in Williamson County, Texas, in fee simple to enable the.City to complete the Project. WHEREAS, a suit to condemn this property is currently pending in County Court at Law Number 3 in and for Williamson County, Texas under cause number 01-0096-CC3 and styled the City of Round Rock v. Stephen M. Jones, et al.. WHEREAS, since the institution of this action in the County Court, the Defendants in the case have expressed a willingness to settle the condemnation proceedings for the amount of $1,985,000.00. Now Therefore: BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That it is necessary for the welfare of the City and its citizens and is in the public interest to construct and maintain State Highway 45 and A.W. Grimes Boulevard, and to perform associated public purposes and to acquire fee simple title in and to the above described land, in order to allow the City and/or its assigns to complete said Project. That the proposed settlement amount of$1,985,000.00 is a fair and equitable amount for the settlement of the condemnation case filed under cause number 01-0096-CC3 and styled the City of Round Rock v. Stephen M. Jones, et al., and That the Mayor shall be authorized to execute, on behalf of the City of Round Rock the necessary documents to effectuate the settlement of this condemnation case for this amount. .The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and • the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 4th day of December 2001. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Abstain: Mayor Pro-tem Nielson ACTION: The motion carried with 6 ayes and 1 abstention. • 5.A.2. Consider a resolution authorizing the purchase of 1.089 acres owned by Villages at Warner Ranch PUD L.P.,Part 1 for SH-45. RESOLUTION NO. WHEREAS, the City Council, upon consideration of the matter, has determined that there exists a public necessity for the welfare of the City of Round Rock and the public-at-large to construct and maintain State Highway 45 and A.W. Grimes Boulevard, and to perform associated public purposes ("Project"); and DECEMBER 4, 2001 WHEREAS, the City of Round Rock, has a need to acquire from the Villages at Warner Ranch PUD, L.P. approximately 1.089 acres of land in Williamson County, Texas, in fee simple to enable the City to complete the Project. WHEREAS, the owners of the property have expressed a willingness to convey the property for the amount of$347,000.00,Now Therefore: BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That the Mayor shall be authorized to execute, on behalf of the City of Round Rock the necessary documents to effectuate the purchase of the property for$347,000.00. The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 4th day of December 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka • Noes: None Abstain: Mayor Pro-tem Nielson ACTION: The motion carried with 6 ayes and 1 abstention. ACTION RELATIVE TO EXECUTIVE SESSION: 6.A. Consider discussion and/or action related to the purchase of the following tracts of land known locally as "The Blackland Prairie": 1) 5.300 acres owned by and Carol McCrary; and 2) 5.320 acres owned by James G. and Gloria Carlin MOTION: Councilmember McGraw moved to acceptance staff s recommendation that no action be taken on this item. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe • Mayor Stluka Noes: None Abstain: Mayor Pro-tem Nielson ACTION: The motion carried with 6 ayes and 1 abstention. ADJOURNMENT: There being no further business, the meeting adjourned at 6:40 p.m. Respectfully Submitted, Nvukmu�') le. � Christine R. Martinez, City Secretary 2- 1. , DECEMBER 6, 2001 The Round Rock City Council met in Work Session and Regular Session on Thursday, December 6, 2001 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER- 6:00 P.M. ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were • Assistant City Manager Joanne Land and City Attorney Steve Sheets. WORK SESSION: 3.A.1. Consider a presentation by the Executive Director of the Round Rock Housing Authority. Joe Vining, Planning Director made the staff presentation. The Round Rock Housing Authority Board hired Bruce Gill in 1994 to serve as Executive Director of the Round Rock Housing Authority. He came to the City of Round Rock after retiring from the U.S. Department of Housing and Urban Development with 27 years of service in the Public Housing Division. Mr. Gill has given his notice that he will be retiring at the end of the year. The Board has hired a Director to replace Mr. Gill. Bruce Gill introduce the incoming Executive Director, Ebbie Green., which will officially • begin with the Round Rock Housing Authority on Monday, December 3, 2001. Ms. Green briefly outlined her background. 3.B.1. Consider a presentation regarding an update on the status of the November 6, 2001 Election Approved Bond Program. Jim Nuse, Public Works Director made the staff presentation. The City Council with the help of a Bond Task Force and City staff placed a Proposed Bond Program before the City of Round Rock voters on the November 6, 2001 Election Day ballot. The citizens approved all four of the propositions. The Williamson County Web Site posted election results were as follows. Proposition One, the Public Work Projects received 2,704 (77.61 %)Yes votes and 780 (22.39 %)No votes. Proposition Two, the Parks & Recreation Projects, received 2,355 (67.56 %)Yes votes and 1,131 (32.44 %)No votes. Proposition Three, the Public Safety Projects &Programs received 2,781 (79.91 %)Yes votes • and 699 (20.09 %)No votes. Proposition Four was the Public Services Facilities Projects received 1,880 (54.32 %)Yes votes and 1,581 (45.68 %)No votes. The voters authorized General Obligation Bonds in the amount of$89,795,000.00 which will be used over 5 years. Mr. Nuse gave a brief presentation on the status of the 2001 Bond Program, developing five-year Bond Program Completion Process and staff's recommended Program/Project Lists with some insight into the reasoning. 2. 1- J_ DECEMBER 6, 2001 3 B 2. Consider a presentation regarding the adoption of the 2000 International Family of Codes. Jim Nuse, Public Works Director made the staff presentation. The City of Round Rock has adopted and enforced the Standard Codes since 1975. In 1994, a movement started that would consolidate the 3 nationally recognized codes into one. Now, the Standard Family of Codes that the City currently enforces is no longer revised to reflect changes in the current industry standards. The Standard, Uniform and BOCA Building Codes have been consolidated into single family of codes, which is The International Codes. The new codes will allow the City to stay current with changes in the construction industry. 3.13.3. Consider a presentation regarding Energy Conservation. Senate Bill 5, Texas Building Energy Performance Standards, imposes new requirements on local governments and around major urban areas in Texas. Michael Thane, Engineer made the staff presentation. Certain political subdivisions, such as Round Rock, must implement cost-effective energy efficient measures and all cities must adopt new energy efficient building codes. The requirements will reduce electrical consumption by 5% each year for the next 5 years in existing City facilities and to achieve energy conservation. Mr. Thane briefly outlined how Senate Bill 5 will affect Round • Rock and how the City plans to comply with this requirement. CALL REGULAR SESSION TO ORDER—7:00 P.M. PLEDGE OF ALLEGIANCE: Councilmember McGraw introduced Tiger Cub Den 16 who helped lead the Pledge of Allegiance. Mayor Stluka recognized Boy Scout Troop 365 who is working on their citizen community badge. ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were Assistant City Manager Joanne Land and City Attorney Steve Sheets. • CITIZENS COMMUNICATIONS: Mayor Stluka read the following letter he received from the American Red Cross, which was dated November 16, 2001. "Dear Mayor Stluka, Thank you for your leadership during Round Rock's hour of need last night. Ms. Sharon Prete and her Round Rock Parks and Recreation Department staff opened a reception center for evacuees during the tremendous rainstorm last night. Please accept our heartfelt gratitude for the wonderful and responsive support provided to the citizens of Round Rock. Ms. Cath Martel and her staff at the Clay 2 1: 2 DECEMBER 6,2001 Madsen Recreation Center were particularly responsive and helpful. When the American Red Cross of Central Texas, Williamson County Branch disaster volunteers arrived at the Recreation Center Ms. Martel and her staff had already provided the twenty-three evacuated citizens a hot meal and were playing games with the children. Throughout the time we were there Ms. Martel and her staff displayed the highest levels of proactive community spirited service Round Rock is known for. Their cheerful and nurturing approach to this tense event proved reassuring to the • families and particularly the children whose lives they touched. I am sure you are proud of your team. I know we are. Sincerely, Audrey E. Simmons, Director." Mayor Stluka announced that due to the extra hard work that all the City employees have given throughout the year he and the Council have decided that this year December 31St be designated as a City employee holiday. John Moman, 1701 Johnson Way, spoke in favor of adopting the new International Building Code. Arthur Bryan, II, 1402 Wildvine Cove, said that the youth of the community is working toward making Round Rock a smoke free City and it was his understanding that an ordinance has been drafted and is ready for the Council to discuss. He encouraged the Council to support the request of the youths of Round Rock. PRESENTATIONS: 8.A. Continuation of presentations not addressed during the Work Session. All the presentations were addressed under the Work Session. PUBLIC HEARINGS: 9.A.1. Consider public testimony regarding the adoption of the Greater Lake Creek Neighborhood Plan as an amendment to the 2000 General Plan. Dana Stidham,Neighborhood Planner made the staff presentation. The Greater Lake Creek Neighborhood Plan is part of a neighborhood-planning program, established by the City in 1994. The major goal of the program is to ensure the quality of neighborhoods in Round Rock by collaborating in the development of solutions to neighborhood concerns, stabilizing and improving property values, and highlighting • positive aspects of the neighborhood. The neighborhood plan should support the General Plan, as an amendment to that document. Ideally the neighborhood plan reflects not only the goals of the General Plan 2000, but also the goals of the Parks and Recreation Department plan, the Transportation Master Plan, and any other plans from within the City. The General Plan contains objectives to "strengthen and preserve neighborhood integrity," including 1) reinvestment in older neighborhood infrastructure; 2) consistent code enforcement to maintain neighborhood 21, 3 DECEMBER 6, 2001 integrity; and 3) compatible land use adjacent to neighborhoods. The neighborhood worked closely with the following City departments, in the creation of the plan: Planning, Public Works, Parks and Recreation, Code Enforcement, and Animal Control. Such cooperation will continue with the implementation part of the Plan. The Planning and Zoning Commission at a public hearing on Wednesday,November 28, 2001 approved the Greater Lake Creek Neighborhood • Plan. Members of the Greater Lake Creek Neighborhood Plan committee gave a brief overview of the Plan. Ken Johnson, 405 White Wing Way, outlined the process of the Plan. Dennis Graffious, 1328 East Logan, outlined the traffic section of the Plan. Jackie Houck, 1105 Parkside Circle, outlined the trail section of the Plan. Carl Theaker, 1105 Parkside Cove, outlined the final results of the Plan Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items. Items 1 l.C., 12.C.2, and • 12.C.3 were removed from the consent agenda and considered in their normal sequence of the agenda. *11.A. Council Minutes Regular Session September 27, 2001 *11.B. Special Called Session November 9, 2001 *11.C. Council Minutes Work Session/Regular Session November 20, 2001 This item was withdrawn from the consent agenda and addressed in its normal sequence of the agenda. *12.A.1. Consider an ordinance approving and adopting a budget for the Municipal Court Fund for the 2001-2002 fiscal year. (Second Reading,) *12.B.1. Consider an ordinance changing the name of Lacey Oak Cove to Lazy Cove. (First Reading) • *12.C.1. Consider an ordinance designating the intersections of Buckley Lane and Bradley Lane, and Buckley Lane and Jester Farms Road as all-way stop intersections. (Second Reading) *12.C.2. Consider an ordinance designating a portion of Plantation Drive as a school speed zone. (First Reading) This item was withdrawn from the consent agenda and addressed in its normal sequence of the agenda. 214 DECEMBER 6, 2001 *12.C.3. Consider an ordinance prohibiting parking during certain time periods on Plantation Cove and a portion of Plantation Drive. (First Reading) This item was withdrawn from the consent agenda and addressed in its normal sequence of the agenda. *12.C.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Plantation Subdivision. (First Reading) *12.C.5. Consider an ordinance authorizing the placement of stop signs at various • intersections in the Bent Tree Subdivision. (Second Reading) *13.B.1. Consider a resolution authorizing the Mayor to execute a Financial Advisory Agreement with First Southwest Company for financial advisory services. *13.B.2. Consider a resolution authorizing the Mayor to execute Schedule#3 to the Software License and Services Agreement with PeopleSoft USA, Inc. for financial systems application software. *_13.C.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Michael and Martha Smith for right-of-way for the CR 113 project. *13.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Contract for Engineering Services with Baker-Aicklen&Associates, • Inc. for the Greenlawn Boulevard Extension Project. *13.D.2. Consider a resolution authorizingthe e Mayor to execute Supplemental Agreement No. 1 to the Contract for Engineering Services with Alliance-Texas En ing eering Company for the design of traffic signals. *13.D.3. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Nelson Lewis, Inc. for the Waterline Replacement Project-Package C. *13.D.4. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with ECO Resources for the Chisholm Valley and Westwind neighborhoods Waterline Replacement Program. *13.D.6. Consider a resolution approving the reimbursement to KPKM II Ventures Ltd. of$112,694.40 for the cost of oversizing water mains associates with the Forest Creek Drive • Expansion, Forest Creek 12' Water Line Extension, and Forest Creek, Sections 14 15 26 and 27 developments. *13.D.7. Consider a resolution approving the reimbursement to Parker-Kerby Ltd. of $7,550.40, for the cost of oversizing water mains associated with the Forest Ridge Phase 7-C development. 215 DECEMBER 6, 2001 MOTION: Councilmember Pitt moved to approve the remaining items on the consent agenda. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan • Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance for item 12.B.1 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 Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. APPROVAL OF COUNCIL MEETING MINUTES: 1 LA. Regular Session September 27, 2001. This item was approved under the consent agenda. *I LB. Special Called Session November 9, 2001. This item was approved under the consent agenda. *11.C. Work Session/Regular Session November 20 2001. Councilmember McGraw asked that the vote be corrected under item 13.D.1. because he abstained due to a conflict of interest as noted in the disclosure letter he submitted. MOTION: Mayor Pro-tem Nielson moved to approve the minutes as amended. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *12.A.1. Consider an ordinance approving and adoptingabudget for the Municipal Court Fund for the 2001-2002 fiscal year. (Second Reading) This item was approved under the consent agenda. 2. 1 � DECEMBER 6, 2001 ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND FOR THE 2001-2002 FISCAL YEAR. *12.B.1. Consider an ordinance changing the name of Lacey Oak Cove to Lazy Cove. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE CHANGING THE NAME OF LACEY OAK COVE TO LAZY OAK COVE; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 12.B.2. Consider an ordinance amending the 2000 General Plan by adopting the Greater Lake Creek Neighborhood Plan. (First Reading) A public hearing was held on this item earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ROUND ROCK 2000 GENERAL PLAN BY ADOPTING THE GREATER LAKE CREEK NEIGHBORHOOD IMPROVEMENT PLAN, AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Palmer seconded the motion. • VOTE: Ayes: Councilmember Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Joseph Mayor Stluka 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 Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan • Councilmember Joseph Mayor Stluka Noes: None ACTION: The motion carried unanimously. *12.C.1. Consider an ordinance designating the intersections of Buckley Lane and Bradley Lane, and Buckley Lane and Jester Farms Road as all-way stop intersections. (Second Reading) This item was approved under the consent agenda. A recent traffic accident on Buckley Lane warrants the placement of an all-way stop at this intersection. DECEMBER 6, 2001 ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF BUCKLEY LANE AND BRADLEY LANE, AND BUCKLEY LANE AND JESTER FARMS ROAD AS ALL-WAY STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.C.2. Consider an ordinance designating a portion of Plantation Drive as a school • speed zone. (First Reading) Jim Nuse made the staff presentation. This school zone is from Creek Bend Boulevard to FM 3406 and will be from 7:15 a.m. to 8:15 a.m. and from 2:30 p.m. to 3:30 p.m. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, DESIGNATING A PORTION OF PLANTATION DRIVE AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer • Councilmember Gallahan Councilmember Joseph Mayor Stluka Noes: None ACTION: The motion carried unanimously. *12.C.3. Consider an ordinance prohibiting_parking during certain time periods on Plantation Cove and a portion of Plantation Drive. (First Reading). Jim Nuse made the staff presentation. Staff received numerous requests regarding the safety of children whose parents use the Plantation Cove as a drop off and pick up area for the elementary school. After an engineering evaluation, it was determined that this practice poses a safety hazard to children and a congestion factor to residents in the immediate area. This will provide improved mobility for school traffic and residents of immediate area with less congestion to affected streets under the no parking ordinance. This school-parking zone is between the hours of 7:00 a.m. and 8:15 a.m. • and 2:30 p.m. and 3:30 p.m. and will remain in effect until repealed by ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1817, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING DURING CERTAIN TIME PERIODS ON PLANTATION COVE, AND A PORTION OF PLANTATION DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember McGraw seconded the motion. DECEMBER 6, 2001 VOTE: Ayes: Councilmember Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Joseph Mayor Stluka Noes: None ACTION: The motion carried unanimously. *12.C.4. Consider an ordinance authorizing the placement of stop signs at various • intersections in the Plantation Subdivision. (First Reading) This item was approved under the consent agenda.The stop signs will be placed at the following intersections: On Plantation Drive at Creek Bend Boulevard; Savannah Drive at Plantation Drive; Savannah Court at Plantation Drive; Augusta Court at Plantation Drive; Tarleton Court at Plantation Drive; Tarleton Lane at Plantation Drive; Tarleton Lane at Savannah Drive; Plantation Cove at Plantation Drive; Plantation Drive at FM 3406. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF PLANTATION DRIVE AND CREEK BEND BOULEVARD, SAVANNAH DRIVE AND PLANTATION DRIVE, SAVANNAH COURT AND PLANTATION DRIVE, AUGUSTA COURT AND PLANTATION DRIVE, TARLETON COURT AND PLANTATION DRIVE, TARLETON LANE AND PLANTATION DRIVE, • TARLETON LANE AND SAVANNAH DRIVE, PLANTATION COVE AND PLANTATION DRIVE, AND PLANTATION DRIVE AND FM 3406 AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.C.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Bent Tree Subdivision. (Second Reading) This item was approved under the consent agenda. The stop signs will be placed on Desert Willow Drive at Sam Bass Road; Desert Willow Drive at Bent Tree Loop; Cedar Elm Lane at Red Oak Circle; Cedar Elm Lane at Bent Tree Loop; Red Oak Circle at Plantation Drive (East and West); Smoke Tree Trail at Plantation Drive; Smoke Tree Trail at Red Oak Circle; Plantation Drive at Creekbend Boulevard; Grove Drive at Creek Bend Boulevard; Grove Drive at Bent Tree Loop; Bent Tree Loop at Plantation Drive. ORDINANCE NO. • AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF DESERT WILLOW DRIVE AND SAM BASS ROAD, DESERT WILLOW DRIVE AND BENT TREE LOOP, CEDAR ELM LANE AND RED OAK CIRCLE, CEDAR ELM LANE AND BENT TREE LOOP, RED OAK CIRCLE AND PLANTATION DRIVE, SMOKE TREE TRAIL AND PLANTATION DRIVE, SMOKE TREE TRAIL AND RED OAK CIRCLE, PLANTATION DRIVE AND CREEKBEND BOULEVARD, GROVE DRIVE AND CREEK BEND BOULEVARD, GROVE DRIVE AND BENT TREE LOOP, AND BENT TREE LOOP AND PLANATION DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 21 9_. DECEMBER 6, 2001 13.A.1. Consider a resolution supporting the relocation by the Texas Department of Transportation of the highway rest areas located along IH 35 north of the city limits of Round Rock. Joe Vining made the staff presentation. These rest stops were constructed in the early days of I-35 when Round Rock's city limits were concentrated near the center of town. They were intended to serve the motoring public in rural areas these stops are now surrounded by our • growing City. Since then the City's growth expanded northward and now the rest stops are in a highly populated area of the City. RESOLUTION NO. WHEREAS, there are two highway rest areas located along IH 35 north of FM 3406 and south of Westinghouse Road, and WHEREAS, when originally constructed many years ago, the rest areas were in a rural area outside the corporate limits of the City, and WHEREAS,both rest areas are now within the corporate limits of the City, and WHEREAS, the rest areas adversely affect the development potential of property located across from said rest areas, and WHEREAS, the City Council desires that the rest areas be closed and/or relocated to a more rural area,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby urges the Texas Department of Transportation to close and/or relocate the aforesaid rest areas from within the corporate limits of the City to a more rural area. The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 December 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Joseph • Mayor Stluka Noes: None ACTION: The motion carried unanimously. *13.13.1. Consider a resolution authorizing the Mayor to execute a Financial Advisory Agreement with First Southwest Company for financial advisory services. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain financial advisory services, and 2. 2:. 09. DECEMBER 6, 2001 WHEREAS, First Southwest Company has submitted a Financial Advisory Agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with First Southwest Company,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Financial Advisory Agreement with First Southwest Company for financial advisory 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 6th day of December 2001. *13.B.2. Consider a resolution authorizingthe e Mayor to execute Schedule#3 to the Software License and Services Agreement with PeopleSoft USA, Inc. for financial systems application software. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Software License and Services Agreement ("Agreement") with PeopleSoft USA, Inc. for financial systems application software, and WHEREAS, the City Council desires to amend the Agreement to include the Government Portal Modules, and WHEREAS, PeopleSoft USA, Inc. has submitted Schedule #3 to the Software License and Services Agreement to include the Government Portal Modules, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City Schedule#3 to the Software License and Services Agreement with PeopleSoft USA, Inc., a copy of said Schedule#3 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. *13.C.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Michael and Martha Smith for right-of-way for the CR 113 project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS the Cit desires to purchase a 0.294 acre tract of land for additional right-of- way ht-of- Y p g way for the CR 113 Project, and WHEREAS, Michael and Martha Smith, the owners of the property, have agreed to sell said property to the City,Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Michael and Martha Smith, 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 6th day of December 2001. 2' 2__ DECEMBER 6, 2001 *13.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Contract for Engineering Services with Baker-Aicklen&Associates Inc. for the Greenlawn Boulevard Extension Project. This item was approved under the consent agenda. The agreement is for$62,126.66. 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 Greenlawn Boulevard Extension Project, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted Supplemental Agreement No. 3 to the Contract for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 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 the Contract for Engineering Services with Baker-Aicklen & Associates, Inc. for a change in the scope of services, a copy of said supplemental agreement being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. *13.D.2. Consider a resolution authorizing the Mayor to execute Supplemental • Agreement No. 1 to the Contract for Engineering Services with Alliance-Texas En ineering Company for the design of traffic signals. This item was approved under the consent agenda. This Supplemental Agreement extends the contract period until May 31, 2002. The traffic signals are proposed for McNeil Road at Oakridge,McNeil Road at St. Williams, Gattis School Road at High Country Boulevard, and Gattis School Road at CR 122. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an agreement for engineering services ("Agreement") with Alliance-Texas Engineering Company for the design of traffic signals, and WHEREAS, Alliance-Texas Engineering Company has submitted Supplemental Agreement No. 1 to the Contract for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Alliance-Texas Engineering Company,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Contract for Engineering Services with Alliance-Texas • Engineering Company to extend the contract date, a copy of said supplemental agreement being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 6th day of December 2001. 2 2, 2- DECEMBER 6, 2001 *13.D.3. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Nelson Lewis, Inc. for the Waterline Replacement Project -Package C. This item was approved under the consent agenda. The change order is for$30,360. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Nelson Lewis, Inc. for the Waterline Replacement Project-Package C, 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 Nelson Lewis, Inc. for the Waterline Replacement Project - Package C, 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 6th day of December 2001. *13.D.4. Consider a resolution authorizingthe e Mayor to execute Change Order No. 2 with ECO Resources for the Chisholm Valley and Westwind neighborhoods Waterline Replacement Program. This item was approved under the consent agenda. The change order is • for$39,752.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with ECO Resources, Inc. for the Chisholm Valley and Westwind neighborhoods Waterline Replacement Program, 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 ECO Resources, Inc. for the Chisholm Valley and Westwind neighborhoods Waterline Replacement Program, 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 6th day of December 2001. 13.D.5. Consider a resolution authorizing the Mayor to execute a Professional Services Agreement with Jefferson Wells International for a project management audit Jim Nuse, Public Works Director made the staff presentation. With nearly $180 million worth of projects to be completed by the City within the next five years, staff recommended that an independent audit firm evaluate the City's project management process from negotiation of professional service L 2 3 DECEMBER 6, 2001 interests to post project implementation audits. The cost of this service is on an hourly basis not to exceed$25,000. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional services for a project management audit, and WHEREAS, Jefferson Wells International has submitted a Professional Services • Agreement to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Jefferson Wells 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 a Professional Services Agreement with Jefferson Wells International for a project management audit, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 6th day of December 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Joseph Mayor Stluka Noes: None ACTION: The motion carried unanimously. *13.D.6. Consider a resolution approving the reimbursement to KPKM II Ventures, Ltd. of$112,694.40 for the cost of oversizing water mains associates with the Forest Creek Drive Expansion, Forest Creek 12' Water Line Extension, and Forest Creek, Sections 14, 15, 26, and 27 developments. This item was approved under the consent agenda. Oversized water mains were • necessary in the earlier sections of Forest Creek to adequately serve the later and future sections of Forest Creek. RESOLUTION NO. WHEREAS, §8.610(4) Code of Ordinances (1995 Edition) provides for the reimbursement for the oversizing of water mains, and WHEREAS, KPKM II Ventures, Ltd. has submitted a reimbursement request for the oversizing of water mains associated with the Forest Creek Drive Expansion, Forest Creek 12" Water Line Extension, and Forest Creek, Sections 14, 15, 26, and 27 developments, and WHEREAS, the City Council wishes to approve said reimbursement,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Z `f. DECEMBER 6, 2001 That the City Council hereby approves of the reimbursement to KPKM H Ventures, Ltd. of $112,694.40, which is the cost of oversizing water mains associated with the Forest Creek Drive Expansion, Forest Creek 12" Water Line Extension, and Forest Creek, Sections 14, 15, 26, and 27 developments. The City Council hereby fmds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this the 6th day of December 2001. • *13.D.7. Consider a resolution approving the reimbursement to Parker-Kerby Ltd. of $7,550.40, for the cost of oversizing water mains associated with the Forest Ridge Phase 7-C development. Forest Ridge, Phase 7-C consists of approximately 380' of Forest Creek Drive from Forest Ridge Blvd. up to the Lake Forest development. This item was approved under the consent agenda. This piece of Forest Creek Drive was actually constructed during the construction of Lake Forest, Section One and a 16"water main was constructed along the south side of the roadway at the same time. The water main provides redundancy of service to Forest Ridge development and was oversized from 8"to a 16" for the benefit of other developments in the area. RESOLUTION NO. WHEREAS, §8.610(4) Code of Ordinances (1995 Edition) provides for the • reimbursement for the oversizing of water mains, and WHEREAS, Parker-Kerby, Ltd. has submitted a reimbursement request for the oversizing of water mains associated with the Forest Ridge, Phase 7-C development, and WHEREAS, the City Council wishes to approve said reimbursement,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves of the reimbursement to Parker-Kerby, Ltd. of $7,550.40, which is the cost of oversizing water mains associated with the Forest Ridge, Phase 7-C development. The City Council hereby finds and declares that written notice,of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this the 6th day of December 2001. COUNCIL COMMENTS: Councihnember Pitt announced that she would not be at the next Council meeting because she will be out of town. Councilmember Coe asked that the no smoking ordinance be brought forward for • Council's review as soon as it has been completed. ADJOURNMENT: There being no further business, the meeting adjourned at 7:55 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary 2 2- DECEMBER 20,2001 The Round Rock City Council met in Regular Session on Thursday, December 20, 2001 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Earl Palmer, Councilmember • Isabel Gallahan and Councilmember Gary Coe. Councilmember Carrie Pitt was absent. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Pari Karim, 1706 Lime Rock Drive, President of the Round Rock Youth Council spoke on a proposed smoking ordinance. She asked the Council to support a no smoking ordinance. PROCLAMATIONS: S.A. Consider a proclamation recognizing Allen and Dorothy Sallee on their upcoming 50'Wedding Anniversary., Mayor Stluka read the appropriate proclamation. Mr. and Mrs. Sallee were not present but the proclamation will be sent to them. • PUBLIC HEARINGS: 6.A.1. Consider public testimony concerning the City of Round Rock 2000-2001 Consolidated Annual Performance Evaluation Report (CAPER). 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 and is due at HUD by the end of the calendar year. (1)Provides accountability to the public by describing successes in meeting objectives stipulated in the Five Year Consolidated Plan. (2)Provides information necessary for HUD's Annual Report to Congress. (3) 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. The City remains in compliance with all applicable rules and regulations and can continue to receive future allocations of block grant money. The public comment period was December 3 through Decemberl8, 2001. Notification to the public appeared in the Round Rock Leader on November 12, 2001 and November 19, 2001. The first of two public hearings was held by the Community Development Advisory Commission Monday, December 3`d 22. 6- DECEMBER 20, 2001 Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. 6.A.2. Consider public testimony regarding the proposal to rezone 0.1746 acres of land more or less, out of the Wiley Harris Survey, A-298, in Round Rock, Williamson Coun Texas (Sanchez Tract) from SF-2 (Single Family Standard Lot) to C-1 (General Commercial). Joe Vining, Planning Director made the staff presentation. This tract of land is located on South Mays and was originally zoned single family residential with the adoption of the City's Zoning Ordinance in 1969. The applicant is requesting a zoning change to District C-1 (General Commercial). The Planning and Zoning Commission held a public hearing on November 28, 2001. At that time the Commission recommended approval of the requested zoning change to district C-1 (General Commercial). Mayor Stluka opened the public hearing. There being no public testimony, the public hearing was closed. 6.A.3. Consider public testimony regarding an application to rezone 106.55 acres of land, more or less, out of the Asa Thomas Survey, A-609, in Round Rock, Williamson County, Texas from Planned Unit Development PUD District Nos. 36 and 37 to Planned Unit • Development (PUD)District No. 56. Jim Stendebach, Assistant Planning Director made the staff presentation. This tract is located on the south side of Gattis School Road at South Creek Subdivision. The tract contains parts of Planned Unit Developments (PUD),No. 36 and No. 37, which were approved on March 25, 1999. The current zoning of PUD's No. 36 and No. 37 is Business Park/Industrial. The proposed land use is commercial, multi-family, office, single- family lots. The PUD eliminates the business park and industrial uses for the portions of the original Hickerson Tract that lie east of A.W. Grimes Boulevard. The uses had very few quality controls. The proposed PUD provides for the following. • Randall's retail shopping center with significant design standards. • Multi-family residential with"Warner Ranch" design standards. Multi-family does not front or access onto Gattis School Road. • • Two story office with significant design standards along part of Gattis School Road. • Small lot single family residential. • 30-foot wide landscape easement along both Gattis School Road and A.W. Grimes Boulevard. This includes 3.5 caliper inch street trees. Provides 20-foot wide landscape easements along all other roads. • All free standing signs restricted to monument signs. • Landscape medians in parking lots. • A pedestrian trail along the drainage area that divides the tract. • Extension of Bryant Drive. • Provides right-of-way for A.W. Grimes Boulevard and Gattis School Road. 2 2 DECEMBER 20, 2001 • Contains a"main street"town center section which provides the main entrance from A.W. Grimes Boulevard. On November 28, 2001, the Planning and Zoning Commission recommended that this tract be rezoned to PUD No. 56. Kim Weiss representing the applicant gave a brief presentation on the proposed • development. He said that he has heard many concerns from residents and suggestions from the Council. He wanted to point out that City staff assured him that in regard to the traffic issue; Grimes Boulevard will have plenty of capacity to handle the traffic. As for the impact on the schools he was also informed from the School District that there would not be an overwhelming impact on the schools in the area. He added that the developer has agreed to limit the multi- family to two stories and to reduce the number of units to 200 town homes on tract 3A. As for specific development, the market will determine that also the development is relying on the construction of Grimes Boulevard. Mr. Weiss said that multi-family will be necessary in the Town Center concept. He added that with the help of staff and suggestions that he has received he will bring back a new proposal to the Council's January 10"'meeting at which time another • public hearing will be held. Mayor Stluka opened the public hearing. Ray and Carolyn Thibodaux, 2415 Chestnut Path, spoke against the proposed apartments and three story structures on that tract. They said they like the idea of a Town Center and a Randall's and would like to see a Library Branch or Senior Center on that tract. Ms. Thibodaux asked the Council to vote no on the rezoning. Susan Moss, 2608 Willow Way, spoke against the multi-family zoning for this tract. She expressed her concern on the traffic but the Town Center concept was a good idea. Jeff Barnett, 1702 Apache Trail, President of Round Rock Ranch Homeowners Association said that the residents are against the rezoning for additional apartments. He asked the Council to vote against the rezoning. • Marvin Denman, 1840 Red Rocks oke against the proposed multi-family due to the mobility issue. He added that there are already enough apartment dwellings in the South Creek area. He asked the Council to vote against the rezoning. Kevin LaVoie, 1703 Fort Grant Cove, spoke against the multi-family zoning. Charles Gotwald, 1829 Chino Valley Trail, spoke against the multi-family zoning. 2' 2,.8. DECEMBER 20, 2001 Jim Smajstrla, 1703 Amber Skyway Cove, spoke against the multi-family zoning. He asked that the easement on this tract be converted to a park. Karen Adair-Murphy, 2302 Silverleaf Cove, spoke against the multi-family zoning. .David Pruett, 1711 Amber Skyway, spoke against the multi-family zoning. John Gordon, 1007 Green Meadow, spoke against the rezoning to multi-family. There being no further testimony, the public hearing was closed. • 6.B.1. Consider public testimonyyregarding the advisability of creating and establishing the Grimes Boulevard Public Improvement District#1. 6.13.2. Consider public testimony regarding the advisability of creating and establishing the Grimes Boulevard Public Improvement District#2. 6.13.3. Consider public testimony regarding the advisability of creating and establishing the Grimes Boulevard Public Improvement District#3. Charlie Crossfield, Assistant City Attorney made the staff presentation on all three PID's at this same time. This is the next step in the creation of the Grimes Public Improvement District No. 1,No. 2 and No.3. The purpose is of which is to partially reimburse the City for the cost of construction of Grimes Boulevard. Mr. Crossfield presented evidence concerning the creation of all three PID's. He directed the • following questions to Jim Nuse,Public Works Director. • Mr. Crossfield: "Please describe the proposed road." • Mr. Nuse: "This is a six-lane road that will extend from Louis Henna Boulevard ultimately to Highway 79." • Mr. Crossfield: "On May 10"'the City entered into a development agreement with each developer that pertained to the construction of this road and the partial reimbursement of the cost of Grimes Boulevard through the properties. Are you familiar with that development agreement?" • Mr. Nuse: "Yes." • Mr. Crossfield: "In your opinion based on your knowledge of that area and the road, are each of those separate properties as described on the map benefited by the road?" • Mr. Nuse: "They are." • Mr. Crossfield: "That road is the improvement that we are talking about?" • Mr. Nuse: "Yes." • Mr. Crossfield: "What is the progress of the road for its completion." • Mr. Nuse: "About 8 months through the first tract(PID No. 1)." • Mr. Crossfield noted that for each of the PID's a notice of the hearing was published and certified notices were sent to the property owners. Each of the property owners has submitted a petition requesting the creation of each of those PID's and there is certified documentation to that submittal. The method of assessment for the PID's are as follows: • Public Improvement District No. 1 —An assessment of$317,449.00 plus 61-2% simple interest shall be levied on the property and shall be paid on a per acre, pro- DECEMBER 20, 2001 rated basis, due seven(7)years after substantial completion of Grimes Boulevard thru the property, or at the time of the plat recordation, whichever occurs first. • Public Improvement District No. 2—An assessment of$1,085,348.00 plus 61'*% simple interest shall be levied on the property and shall be paid on a per acre, pro- rated basis, due seven(7)years after substantial completion of Grimes Boulevard thru the property, or at the time of the plat recordation, whichever occurs first. • Public Improvement District No. 3 —An assessment of$579,904.00 plus 61-z% simple interest shall be levied on the property and shall be paid on a per acre,pro- rated basis, due seven(7)years after substantial completion of Grimes Boulevard • thru the property, or at the time of the plat recordation, whichever occurs first. Mr. Crossfield concluded that another public hearing will be held and then the preparation of the assessment for the properties will be brought back to the Council. Mayor Stluka opened the public hearing for PID No. 1, PID No. 2 and PID No. 3. There was no public testimony on any of the three PID's. Mayor Stluka closed the public hearing. CONSENT AGENDA: The following items were considered to be 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 minutes of the Regular Session of October 11, 2001. • *9.B.1. Consider an ordinance designating a portion of Plantation Drive as a school speed zone. (Second Reading) *9.B.2 Consider an ordinance prohibiting parking during certain time periods on Plantation Cove and a portion of Plantation Drive. (Second Reading) *9.B.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Plantation Subdivision. (Second Reading) *10.C.1. Consider a resolution authorizing the Mayor to execute an Escrow Agreement on behalf of Behrens Ranch Public Improvement District with JP Morgan Chase Bank. *10.C.2. Consider a resolution authorizingthe e Mayor to execute an agreement on behalf of Behrens Ranch Public Improvement District with the Round Rock Independent School isand collection District for billingtion of assessments. *10.C.3. Consider a resolution authorizing a property tax refund to Trident Properties, Inc., d.b.a. Wingate Inn in the amount of$1,660.08. *10.C.4. Consider a resolution authorizingthe 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. 2 3--,03", DECEMBER 20, 2001 *I O.D.4. Consider a resolution authorizing the Mavor to execute Change Order No 1 with Ballou Construction Co. Inc. for the Street Maintenance Program Phase 2/Micro- Surfacing 2001. *10.D.5. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Contract for Engineering Services with Chiang Patel &Yerby, Inc for • the project design box culverts under R.M. 620 at the Round Rock Hospital. *10.D.6. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Contract for Engineering Services with Earth Tech Transportation Services, Inc. for a change in the scope of services,which includes the design of a wall for Dell WU Boulevard at Mays Street. *10.D.7. Consider a resolution authorizing the Mayor to execute Contract Amendment No. 1 to the Contract for Professional Services with S.D. Kallman, L.P. for the Westinghouse Wastewater Interceptor Project. *10.D.8. Consider a resolution authorizingthe Mayor to execute Supplemental Agreement No. 1 to the Contract with Chiang, Patel &Yerby, Inc. to extend the termination date to June 28 2002 for the project CR 113 from FM 1460 to the abandoned MKT Railroad riht-of- • way in Williamson Count. MOTION: Councilmember McGraw moved to approve all the items listed in the consent agenda. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. APPROVAL OF COUNCIL MEETING MINUTES: *8.A. Consider approval of the minutes of the Regular Session of October 11 2001 • This item was approved under the consent agenda. ORDINANCES: 9.A.1. Consider an ordinance rezoning 0.1746 acres of land,more or less out of the Wiley Harris Survey, A-298, in Round Rock, Williamson County Texas (Sanchez Tract) from SF-2 (Single Family Standard Lot)to C-1 (General Commercial). (First Reading) Joe Vining 2 31 DECEMBER 20, 2001 made the staff presentation. A public hearing was held earlier in the meeting for this item. This tract of land is located on South Mays and was originally zoned single family residential with the adoption of the City of Round Rock Ordinance in 1969. The applicant is requesting zoning change to District C-1 (General Commercial). 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 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAS; TO WIT: TO REZONE 0.1746 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) TO DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe • Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 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 Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Coe Mayor Stluka Noes: Councilmember Gallahan Absent: Councilmember Pitt ACTION: Result of the motion was 5 ayes and 1 no. 9.A.2. Consider an ordinance rezoning 106.55 acres of land, more or less, out of the Asa • Thomas Survey, A-609 in Round Rock Williamson Coun1y, Texas from Planned Unit Development(PUD) District Nos. 36 and 37 to Planned Unit Development(PUD) District No. 56. (First Reading). A public hearing was held earlier in the meeting on this item. The Council and Mr. Weiss discussed the public testimony that was received and the suggestions from the Council. Some points that were brought up by the Council and Mr. Weiss are as follows: • Need to look at compromise for the development. DECEMBER 20, 2001 • Don't want apartments but also don't want light industrial on that tract. • Less density • Want standards in PUD that will make this a quality project. • Randalls does not want to be located in an Industrial zoning. • Developer agrees to limit the town homes to 200 units. • Height of units reduced to two story • The City's current code does not have a descriptive term for town homes. • The development will be a product of town homes, condominiums, or elderly housing. • • A Town Center concept is appealing but not with multi-family. • Mr. Weiss and staff will work to develop a town home concept. • Council does not want to proceed the way the request was presented they would rather proceed with suggestions that were brought up. The Council relayed their appreciation to everyone that came to speak or sent e-mail. A lot of the e-mails had constructive comments and suggestions. Councilmember Coe expressed his concern on the following e-mail that he and the Council received. "Dear Mayor Stluka, Round Rock West said no apartments on Round Rock West Drive and the City Council refused apartment zoning. Wood Glen said no apartments on 3406 and the City Council refused apartment zoning. South Creek said no apartments. If any member of the City Council votes for apartment zoning near South Creek, I will lead the recall petition against them. Please remind everyone on the City Council what happened to Round Rock's mayor in 1979 when I lead the recall in 1979. P.S. 3,500 signatures will not be a problem. Further, the vote in the affirmative by • a member of the City Council will create a division and hostility in this City that will take a decade to heal. In fact, I am going to be upset with the developer and Randall's if they even bring this present plan up to the City Council. I will even organize the boycott of Randall's if I have to spend any time on this. I am tired of having my time wasted by issues such as this. When South Creek said no, the P&Z should have rejected the plan-period. I hope my words are plain enough for everyone to be forewarned. I would ask the neighborhood leaders to call their local Councilmembers to reiterate my letter. I am not happy to have this matter interrupt my vacation. Signed by John Gordon." In conclusion, Mayor Stluka noted that the Council concurs that they don't want to proceed with what is currently before them. They believe that there is still an opportunity to • address the concerns that were brought up and to bring back another option for the Council's consideration. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 106.55 ACRES OF DECEMBER 20, 2001 LAND IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD)DISTRICT NO. 56. 1ST MOTION: Councilmember McGraw moved to disapprove the ordinance as it is currently presented. Mayor Pro-tem Nielson seconded the motion. 2ND MOTION: Councilmember McGraw withdrew his original motion and moved to • table item 9A2 until January 10"with the understanding that another Public Hearing be held. Mayor Pro-tem Nielson seconded the motion. VOTE ON 2ND MOTION: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka nn,^� PIIIE) Noes: None ACTION: The motion carried unanimously. *9.B.1. Consider an ordinance designating a portion of Plantation Drive as a school speed zone. (Second Reading) This item was approved under the consent agenda. The school • zone is from Creek Bend Boulevard to FM 3406. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, DESIGNATING A PORTION OF PLANTATION DRIVE AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.B.2. Consider an ordinance prohibiting parking certain time periods on Plantation Cove and a portion of Plantation Drive. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1817, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING DURING CERTAIN TIME PERIODS ON PLANTATION COVE, AND A PORTION OF PLANTATION DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING • ORDINANCES OR RESOLUTIONS. *9.B.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Plantation Subdivision. (Second Reading) This item was approved under the consent agenda. The stop signs will be placed at the following intersections: On Plantation Drive at Creek Bend Boulevard; Savannah Drive at Plantation Drive; Savannah Court at Plantation Drive; Augusta Court at Plantation Drive; Tarleton Court at Plantation Drive; Tarleton Lane at DECEMBER 20, 2001 Plantation Drive; Tarleton Lane at Savannah Drive; Plantation Cove at Plantation Drive; Plantation Drive at FM 3406. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF PLANTATION DRIVE AND CREEK BEND BOULEVARD, SAVANNAH DRIVE AND PLANTATION DRIVE, SAVANNAH COURT AND PLANTATION DRIVE, AUGUSTA COURT AND PLANTATION DRIVE, TARLETON • COURT AND PLANTATION DRIVE, TARLETON LANE AND PLANTATION DRIVE, TARLETON LANE AND SAVANNAH DRIVE, PLANTATION COVE AND PLANTATION DRIVE, AND PLANTATION DRIVE AND FM 3406 AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: 10.A.1. Consider a resolution authorizing the Mayor to execute an Agreement with the Workers Assistance Program, Inc. for the development of employee assistance program policies and procedures. Teresa Bledsoe, Human Resources Director made the staff presentation. This will be the City's first official Employee Assistance Program(EAP). The EAP will provide confidential and voluntary assistance to all employees and their family members who may be faced with dynamic challenges of financial concerns, legal issues, alcohol or drug problems, marital problems, illness, etc. EAP services encourage employees to seek help for problems such • as depression,relationship issues, substance abuse problems, legal problems, financial problems and child and elder care. The services provide supervisors with consultation training, and win- win processes to deal with difficult or problem employees. The professional resource increases the opportunity for an employee to maintain confidentially and frees supervisors and managers to attend to other business issues. Provide a reasonably safe and healthful environment for employees and the public. Utilizing EAP service would help reduce the utilization of the health cost. The cost of this service is will not exceed $15,000 which is $1.63 per eligible employee per month. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for • the development of employee assistance program policies and procedures, and WHEREAS, the Workers Assistance Program, Inc. has submitted an Agreement to provide said services, and WHEREAS, the City Council wishes to enter into said agreement with the Workers Assistance Program, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with the Workers Assistance Program, Inc. for the development of employee assistance program policies and procedures, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. 2 DECEMBER 20, 2001 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas • ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember McGraw seconded the motion. y VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw CAl1H i1m ti.e.-n:1+ Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 103.1. Consider a resolution establishing Grimes Boulevard Public Improvement • District#1. Councilmember McGraw announced that he submitted a letter(Attachment"A") disclosing that he has a conflict of interest on this item due to a previous business dealing with Sycamore Trail, Ltd.,which is part of this PID and will refrain from discussion and vote. Charles Crossfield, Assistant City Attorney made the staff presentation. This PID provides for the developer to partially reimburse the City the costs of construction of Grimes. Boulevard. The cost is $317,449.00,which will be paid by the developers. This will facilitate the construction of Grimes Boulevard. RESOLUTION NO. A RESOLUTION MAKING FINDINGS AS TO THE FEASIBILITY AND DESIRABILITY OF AN IMPROVEMENT DISTRICT TO BE KNOWN AS THE GRIMES BOULEVARD PUBLIC IMPROVEMENT DISTRICT #1; MAKING FINDINGS AS TO THE ADVISABILITY, NATURE, AND ESTIMATED. COSTS OF THE PROPOSED IMPROVEMENTS AND THE METHOD OF ASSESSMENT WITHIN THE BOUNDARIES • OF THE DISTRICT; AUTHORIZING THE DISTRICT AS A PUBLIC IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 372, SUBCHAPTER B; OF THE LOCAL GOVERNMENT CODE; MAKING PROVISIONS RELATED THERETO AND DECLARING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") authorizes the City of Round Rock, Texas (the "City") to create one or more public improvement districts; and WHEREAS, on or about October 1, 2001, owners of certain real property located within the City delivered to the City a Petition (the "Petition") to create Grimes Boulevard Public Improvement District #1 (the "District") the boundaries of which are described by metes and bounds in Exhibits "A" and`B", attached hereto and incorporated herein; and Z3;6, DECEMBER 20, 2001 WHEREAS, the City Secretary of the City has received the Petition and it has been determined that the owners of more than 50% of the appraised value of the taxable real property and more than 50% of the area of all taxable real property within the District have executed the Petition and that the Petition complies with the Act and authorizes the City Council to consider the creation of the District; and WHEREAS, after providing all notices required by the Act, the City Council on December 20, 2001 conducted a public hearing on the advisability of the improvements and the creation of the District; and WHEREAS, the City Council adjourned such public hearing,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: • I. That the following findings are made and declared regarding the proposed Grimes Boulevard Public Improvement District#1: 1. The Petition to establish the District is sufficient and is accepted as being in compliance with the provisions of the Act; 2. It is advisable to make the improvements set forth in the Petition and the same will benefit the land described therein, enhance the value thereof and be of benefit and use to the City and the residents of the District; 3. The nature the Proposed Improvements shall consist of the construction of proposed Grimes Blvd. running through the Property. The reimbursement shall include all cost of materials and labor for two lanes of Grimes Blvd., the median, sidewalks on each side of Grimes Blvd., drainage and lighting, but not including engineering and design costs, which will be borne solely by the City. The parties hereto agree that the portion of the cost of Grimes Blvd. paid by the Developer is attributable to the needs of Developer's development. 4. The estimated costs of the Proposed Improvements are $317,449.00, plus 6-%z% simple interest, which includes expenses incurred in the establishment and administration of the proposed Improvements. In no event shall the total PID assessment be more than$317,449.00,plus simple interest of 6-1/z%. 5. The estimated costs shall be paid from special assessments on all property within • the District's boundaries. 6. The land described in the Petition will all be benefited by the proposed improvements and therefore the boundaries of the District shall be as described in Exhibits "A"and`B" attached hereto and made a part hereof for all purposes; 7. The method of assessment shall be as follows: An assessment of Three Hundred Seventeen Thousand, Four Hundred Forty-nine and No/100 Dollars ($317,449.00) shall be levied on the Property and shall be paid on a per-acre, pro- rated basis, due seven (7) years after Substantial Completion of Grimes Blvd. through the Property, or at time of plat recordation, whichever first occurs. Substantial Completion shall mean the date on which the Director of Public Works notifies the contractor that the portion of Grimes Blvd. through the Property has been finally accepted. 8. The costs of the improvements shall be shared by the land within the boundaries of the District and the City. II. The Grimes Boulevard Public Improvement District #1 is hereby created as provided by the Act and in accordance with the findings made in Section I hereof. Provided, however, such authorization does not authorize Petitioner to take any action that would obligate the City in any way or cause the City to incur any risk or cost. III. This Resolution shall be published one time in the Round Rock Leader, the official • newspaper of the City, and upon such publication authorization of the Grimes Blvd. Public Improvement District#1 shall become effective. IV. City staff is hereby authorized to take all action necessary to prepare a preliminary assessment roll, publish any necessary notices, and take all other action necessary to effectuate the purposes of this Resolution. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. ALAN M. WGRAW ROUND ROCK CITY COUNCILMAN PLACE 2 2708 WOLKIN COVE ROUND RocK,TEXAS 78681 TAT.:512-388-5889 J. Christine Martinez City Secretary of Round Rock 221 East Main Street Round Rock, Texas 78664 Re: Disclosure of Conflict of Interest Regarding Meeting of the City Council on Nnuember 20 2001 Dear.Christine: Please insert this letter into the minutes of the City Council Meeting on , 2001. The City Charter provides that"all members of the City Council...shall vote upon every resolution or ordinance, except where there is a conflict of interest, the reason for which shall be stated concisely in the records." §3.12 /®6 Agenda item 44(0)(1) concerns a Public Improvement District to be established for Sycamore Trail, Ltd. Prior to my election to council, I represented Sycamore Trail, Ltd. in negotiations with the City to establish this Public Improvement District. Therefore, given my prior representation of Sycamore Trail, Ltd., I believe it would be a conflict of interest for me to now vote on this matter. Sincerely, 1 L"-'— Can'M- McGraw Councilman Place 2 r • Z IT DECEMBER 20,2001 RESOLVED this 20th day of December 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem • Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt Councilmember McGraw did not vote. ACTION: The motion carried with 5 ayes. 10.13.2. Consider a resolution establishing Grimes Boulevard Public Improvement District#2. Charles Crossfield, Assistant City Attorney made the staff presentation. This PID provides for the developer to partially reimburse the City the costs of construction of Grimes Boulevard. The cost is $1,085,348.00, which will be paid by developers. This will facilitate the • construction of Grimes Boulevard. RESOLUTION NO. A RESOLUTION MAKING FINDINGS AS TO THE FEASIBILITY AND DESIRABILITY OF AN IMPROVEMENT DISTRICT TO BE KNOWN AS THE GRIMES BOULEVARD PUBLIC IMPROVEMENT DISTRICT #2; MAKING FINDINGS AS TO THE ADVISABILITY, NATURE, AND ESTIMATED COSTS OF THE PROPOSED IMPROVEMENTS AND THE METHOD OF ASSESSMENT WITHIN THE BOUNDARIES OF THE DISTRICT; AUTHORIZING THE DISTRICT AS A PUBLIC IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 372, SUBCHAPTER B, OF THE LOCAL GOVERNMENT CODE; MAKING PROVISIONS RELATED THERETO AND DECLARING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") authorizes the City of Round Rock, Texas (the "City") to create one or more public improvement districts; and WHEREAS, on or about October 1, 2001, owners of certain real property located within the City delivered to the City a Petition (the "Petition") to create Grimes Boulevard Public Improvement District #2 (the "District") the boundaries of which are described by metes and • bounds in Exhibit "A", attached hereto and incorporated herein; and WHEREAS, the City Secretary of the City has received the Petition and it has been determined that the owners of more than 50% of the appraised value of the taxable real property and more than 50% of the area of all taxable real property within the District have executed the Petition and that the Petition complies with the Act and authorizes the City Council to consider the creation of the District; and WHEREAS, after providing all notices required by the Act, the City Council on December 20, 2001 conducted a public hearing on the advisability of the improvements and the creation of the District; and WHEREAS, the City Council adjourned such public hearing, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. 238,. DECEMBER 20, 2001 That the following findings are made and declared regarding the proposed Grimes Boulevard Public Improvement District#2: 1. The Petition to establish the District is sufficient and is accepted as being in compliance with the provisions of the Act; 2. It is advisable to make the improvements set forth in the Petition and the same will benefit the land described therein, enhance the value thereof and be of benefit and use to the City and the residents of the District; 3. The nature the Proposed Improvements shall consist of the construction of proposed Grimes Blvd. running through the Property. The reimbursement shall • include all cost of materials and labor for two lanes of Grimes Blvd., the median, sidewalks on each side of Grimes Blvd., drainage and lighting, but not including engineering and design costs, which will be borne solely by the City. The parties hereto agree that the portion of the cost of Grimes Blvd. paid by the Developer is attributable to the needs of Developer's development. 4. The estimated costs of the Proposed Improvements are $1,085,348.00, plus 6-%z% simple interest, which includes expenses incurred in the establishment and administration of the proposed Improvements. In no event shall the total PID assessment be more than$1,085,348.00,plus simple interest of 6-%%. 5. The estimated costs shall be paid from special assessments on all property within the District's boundaries. 6. The land described in the Petition will all be benefited by the proposed improvements and therefore the boundaries of the District shall be as described in Exhibit "A" attached hereto and made a part hereof for all purposes; 7. The method of assessment shall be as follows: An assessment of One Million Eighty-five Thousand Three Hundred and Forty-eight and No/100 Dollars ($1,085,348.00) shall be levied on the Property and shall be paid on a per-acre, pro-rated basis, due seven (7) years after Substantial Completion of Grimes Blvd. through the Property, or at time of plat recordation, whichever first occurs. Substantial Completion shall mean the date on which the Director of Public Works notifies the contractor that the portion of Grimes Blvd. through the • Property has been finally accepted. 8. The costs of the improvements shall be shared by the land within the boundaries of the District and the City. II. The Grimes Boulevard Public Improvement District #2 is hereby created as provided by the Act and in accordance with the findings made in Section I hereof. Provided, however, such authorization does not authorize Petitioner to take any action that would obligate the City in any way or cause the City to incur any risk or cost. III. This Resolution shall be published one time in the Round Rock Leader, the official newspaper of the City, and upon such publication authorization of the Grimes Blvd. Public Improvement District#2 shall become effective. IV. City staff is hereby authorized to take all action necessary to prepare a preliminary assessment roll, publish any necessary notices, and take all other action necessary to effectuate the purposes of this Resolution. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 20th day of December 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. 239 DECEMBER 20,2001 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. • 10.13.3. Consider a resolution establishing Grimes Boulevard Public Improvement District#3. Charles Crossfield, Assistant City Attorney made the staff presentation. This PID provides for the developer to partially reimburse the City the costs of construction of Grimes Boulevard. The cost is $579,904.00,which will be paid by developers. This will facilitate the construction of Grimes Boulevard. RESOLUTION NO. A RESOLUTION MAKING FINDINGS AS TO THE FEASIBILITY AND DESIRABILITY OF AN IMPROVEMENT DISTRICT TO BE KNOWN AS THE GRIMES BOULEVARD PUBLIC IMPROVEMENT DISTRICT #3; MAKING FINDINGS AS TO THE ADVISABILITY, NATURE, AND ESTIMATED COSTS OF THE PROPOSED IMPROVEMENTS AND THE METHOD OF ASSESSMENT WITHIN THE BOUNDARIES OF THE DISTRICT; AUTHORIZING THE DISTRICT AS A PUBLIC IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 372, SUBCHAPTER B, OF THE LOCAL • GOVERNMENT CODE; MAKING PROVISIONS RELATED THERETO AND DECLARING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") authorizes the City of Round Rock, Texas (the "City") to create one or more public improvement districts; and WHEREAS, on or about October 1, 2001, owners of certain real property located within the City delivered to the City a Petition (the "Petition") to create Grimes Boulevard Public Improvement District #3 (the "District") the boundaries of which are described by metes and bounds in Exhibit "A", attached hereto and incorporated herein; and WHEREAS, the City Secretary of the City has received the Petition and it has been determined that the owners of more than 50% of the appraised value of the taxable real property and more than 50% of the area of all taxable real property within the District have executed the Petition and that the Petition complies with the Act and authorizes the City Council to consider the creation of the District; and WHEREAS, after providing all notices required by the Act, the City Council on December 20, 2001 conducted a public hearing on the advisability of the improvements and the creation of the District; and WHEREAS, the City Council adjourned such public hearing,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the following findings are made and declared regarding the proposed Grimes • Boulevard Public Improvement District#3: 1. The Petition to establish the District is sufficient and is accepted as being in compliance with the provisions of the Act; 2. It is advisable to make the improvements set forth in the Petition and the same will benefit the land described therein, enhance the value thereof and be of benefit and use to the City and the residents of the District; 3. The nature the Proposed Improvements shall consist of the construction of proposed Grimes Blvd. running through the Property. The reimbursement shall include all cost of materials and labor for two lanes of Grimes Blvd., the median, sidewalks on each side of Grimes Blvd., drainage and lighting, but not including engineering and design costs, which will be borne solely by the City. The parties 24.G: DECEMBER 20,2001 hereto agree that the portion of the cost of Grimes Blvd. paid by the Developer is attributable to the needs of Developer's development. 4. The estimated costs of the Proposed Improvements are $579,904.00, plus 6 Y2% simple interest, which includes expenses incurred in the establishment and administration of the proposed Improvements. In no event shall the total PID assessment be more than$579,904.00, plus simple interest of 6-%%. 5. The estimated costs shall be paid from special assessments on all property within the District's boundaries. 6. The land described in the Petition will all be benefited by the proposed improvements and therefore the boundaries of the District shall be as described in • Exhibit A attached hereto and made a part hereof for all purposes; 7. The method of assessment shall be as follows: An assessment of Five Hundred Seventy-nine Thousand, Nine Hundred Four and No/100 Dollars ($579,904.00) shall be levied on the Property and shall be paid on a per-acre, pro-rated basis, due seven (7) years after Substantial Completion of Grimes Blvd. through the Property, or at time of plat recordation, whichever first occurs. Substantial Completion shall mean the date on which the Director of Public Works notifies the contractor that the portion of Grimes Blvd. through the Property has been finally accepted. 8. The costs of the improvements shall be shared by the land within the boundaries of the District and the City. II. The Grimes Boulevard Public Improvement District 43 is hereby created as provided by the Act and in accordance with the findings made in Section I hereof. Provided, however, such authorization does not authorize Petitioner to take any action that would obligate the City in any way or cause the City to incur any risk or cost. III. This Resolution shall be published one time in the Round Rock Leader, the official newspaper of the City, and upon such publication authorization of the Grimes Blvd. Public Improvement District#3 shall become effective. IV. •City staff is hereby authorized to take all action necessary to prepare a preliminary assessment roll, publish any necessary notices, and take all other action necessary to effectuate the purposes of this Resolution. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. DECEMBER 20, 2001 *10.C.1. Consider a resolution authorizing the Mayor to execute an Escrow Agreement on behalf of Behrens Ranch Public Improvement District with JP Morgan Chase Bank. This item was approved under the consent agenda. The escrow account will cost$1.500 per year plus activity fees for investments, disbursements and receipts. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously created the Behrens Ranch Public Improvement District ("District") and levied certain public improvement assessments in accordance with Ordinance No. G-01-02-08-8A9 approved by the City Council on February 8, 2001, and WHEREAS, the District anticipates issuing bonds from time to time secured by such public improvement district assessments, and WHEREAS, the District desires that such assessments be held in trust as set forth in the attached Escrow Agreement, and WHEREAS, the City of Round Rock wishes to enter into an Escrow Agreement on behalf of the Behrens Ranch Public Improvement District with JP Morgan Chase Bank, Now Therefore BE IT RESOLVED BY 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 the Behrens Ranch Public Improvement District an Escrow Agreement with JP Morgan Chase Bank, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the • Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December 2001. *10.C.2. Consider a resolution authorizing the Mayor to execute an agreement on behalf of Behrens Ranch Public Improvement District with the Round Rock Independent School District for billing and collection of assessments. This item was approved under the consent agenda. The cost will be$1.50 per account and there are currently 500 accounts. RESOLUTION NO. WHEREAS, the City of Round Rock, acting as the Board of Directors for the Behrens Ranch Public Improvement District ("District") has, by resolution duly adopted, authorized the Tax Assessor and Collector of the Round Rock Independent School District, to bill and collect assessments for the District, and WHEREAS, the City of Round Rock wishes to enter into an Agreement on behalf of the Behrens Ranch Public Improvement District with the Round Rock Independent School District for assessment billing and collection,Now Therefore BE IT RESOLVED BY 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 the Behrens Ranch Public Improvement District an Agreement with the Round Rock Independent School District for assessment billing and collection, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December 2001. 242.1: DECEMBER 20, 2001 *10.C.3. Consider a resolution authorizing_a property tax refund to Trident Properties, Inc., d.b.a. Winizate Inn in the amount of$1,660.08. 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, Trident Properties, Inc. dba Wingate Inn, has made an overpayment or erroneous payment of 2000 taxes in the amount of $1,660.08; 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 taxpayer. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$1,660.08. 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 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December 2001. *10.C.4. 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. This item was approved under the consent agenda. The cost of the service is $20,000. 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. RESOLVED this 20th day of December 2001. 10.D.1. Consider a resolution authorizing the Mayor to execute Change Order No. 5 with RGM Constructors. L.P. for the construction of A. W. Grimes Boulevard. Jim Nuse, Director of Public Works made the staff presentation. A. W. Grimes is an on going four-lane 4� DECEMBER 20, 2001 2 a, arterial roadway project. This change order consists of earthwork and paving changes due to adjustments of quantities. The quantity changes will provide some of the amenities along the roadway, such as the pedestrian tunnel. The amount of the change order is $299,651.40. 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. 5,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 5 to the Contract with 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 20th day of December 2001. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 10.D.2. Consider a resolution authorizing the Mayor to execute Change Order No. 6 with RGM Constructors. L.P. for the construction of A. W. Grimes Boulevard. Jim Nuse, Director of Public Works made the staff presentation. A. W. Grimes is an on going four-lane • arterial roadway project. This change order consists of the additional sleeving required for subsurface utility installation under the proposed A. W. Grimes roadway. The Developer will reimburse the City 100 % for all the additional sleeving installed per the agreement,which is $112,059.64. 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, which includes the construction of a 16"water line, and 244 DECEMBER 20,2001 WHEREAS, with respect to the waterline the Council has determined that it is necessary to make changes to the work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, all of the increased cost due to the change order will be borne by Today PRA Hickerson, L.P. ("Developer"), and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 6,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 6 to the Contract with 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 Cit Council hereby finds and declares that written notice of the date hour, lace and Y Y > p subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December 2001. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 10.D.3. Consider a resolution authorizing the Mayor to execute Change Order No. 8 with RGM Constructors, L.P. for the construction of A. W. Grimes Boulevard. Jim Nuse, Director of Public Works made the staff presentation. A. W. Grimes is an on going four-lane arterial roadway project within the City of Round Rock. This change order consists of the street lighting and electrical system for the proposed A.W. Grimes roadway. The amount of the change order is $29,540.15. 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. 8,Now Therefore BE IT RESOLVED BY 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. 8 to the Contract with RGM Constructors, L.P. for the A.W. Grimes, DECEMBER 20,2001 245 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 20th day of December 2001. • ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved,to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. • *10.D.4. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Ballou Construction Co. Inc. for the Street Maintenance Program Phase 2/Micro- Surfacing- 2001. This change order is to adjust Quantities. This item was approved under the consent agenda. This is for Cimarron, sections of Round Rock West and Chisholm Valley. The change order is for$91,448.44 for additional material to insure adequate coverage. 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 2/1\4icro-Surfacing- 2001, 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 2/1\4icro-Surfacing-2001, 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 20th day of December 2001. 2 4. fi DECEMBER 20, 2001 *10.D.5. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Contract for Engineering Services with Chiang Patel &Yerby, Inc for the project design box culverts under R.M. 620 at the Round Rock Hospital This item was approved under the consent agenda. This is an extension to complete the scope of the work at no additional costs. The termination date is June 28, 2002. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services with Chiang, Patel & Yerby, Inc. for the design of box culverts under R.M. 620 at the Round Rock Hospital, and WHEREAS, Chiang, Patel &Yerby, Inc. has submitted Supplemental Agreement No. 1 to the Contract for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Chiang, Patel &Yerby, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to Contract for Engineering Services with Chiang, Patel &Yerby, Inc. to extend the contract date, a copy of said amendment being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December 2001. • *10.D.6. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Contract for Engineering Services with Earth Tech Transportation Services, Inc. for a change in the scope of services,which includes the design of a wall for Dell Way Boulevard at Mays Street. This item was approved under the consent agenda. This is to provide a change in the scope of services for a design of the wall for Dell Way at Mays Street at an additional cost of$13,484.44 and to extend the termination of the contract to June 28, 2002. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services with Earth Tech Transportation Services, Inc. for the preparation of schematics, environmental documents, right-of-way documents, plans, specifications, and estimates for the realignment of South Mays Street, Dell Way, Hester's Crossing, and the extension of Gattis School Road from South Mays Street to the IH 35 East Frontage Road, and WHEREAS, Earth Tech Transportation Services, Inc. has submitted Supplemental • Agreement No. 2 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. 2 to 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. 2 to Contract for Engineering Services with Earth Tech Transportation Services, Inc. for a change in the scope of services, a copy of said amendment being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and 247 DECEMBER 20,2001 the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December 2001. *10.D.7. Consider a resolution authorizing the Mayor to execute Contract Amendment No. 1 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. The scope of • work is to provide a Tree Survey and to submit a required Water Pollution Abatement Plan Application (WPAP) to TNRCC at a cost of$10,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with S.D. Kallman, L.P. for the design of the Westinghouse Wastewater Interceptor, and WHEREAS, S.D. Kallman, L.P. has submitted Contract Amendment No. 1 to the Contract for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Contract Amendment No. 1 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 Contract Amendment No. 1 with S.D. Kallman, L.P., for a change in the scope of services, a copy of said amendment being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December 2001. *10.D.8. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Contract with Chiang, Patel &Yerby, Inc. to extend the termination date to June 28, 2002 for the project CR 113 from FM 1460 to the abandoned MKT Railroad right-of- way in Williamson County. This item was approved under the consent agenda. There are no additional costs associated with the time extension. 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. 1 to the Contract for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Chiang,Patel &Yerby, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to Contract for Engineering Services with Chiang, Patel & Yerby, Inc. to extend the contract date, a copy of said amendment being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and 248 DECEMBER 20, 2001 the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December 2001. 10.D.9. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Chiang,Patel &Yerby, Inc. for the construction of water and sewer facility adjustments within the proposed FM 1460 Roadway Reconstruction Project Jim Nuse, • Public Works Director made the staff presentation. The TxDOT is planning to reconstruct the FM1460 roadway from U.S.79 to CR. 113. The City's water and sanitary sewer lines along FM 1460 are in the right-of-way and conflict with TxDOT's improvements. The cost of the engineering services to adjust or relocate the utilities is $94,178.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional engineering and technical services for the construction of water and sanitary sewer facility adjustments within the proposed FM 1460 Roadway Reconstruction Project, and WHEREAS, Chiang, Patel & Yerby, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Chiang, Patel & Yerby,Now Therefore BE IT RESOLVED BY 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 Chiang, Patel & Yerby, for professional engineering and • technical services for the construction of water and sanitary sewer facility adjustments within the proposed FM 1460 Roadway Reconstruction Project, 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 20th day of December 2001. MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka • Noes: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 10.D.10. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with HDR Engineering, Inc. for the South Creek Pressure Improvements Project. Mayor Stluka disclosed that he had a business relationship with HDR Engineering 249 DECEMBER 20, 2001 unrelated to City business and will refrain from discussion and vote on this item. Mayor Pro-tem Nielson chaired this item. Jim Nuse, Director of Public Works made the staff presentation. The general scope of work under this contract is to design and develop construction plans for a pressure-reducing valve (PRV)to serve the north end of the South Creek Development. This area has been • experiencing water pressures over 100 psi with this project these pressures will be reduced to 60 to 70 psi. The total fee for these engineering services is $41,300.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional engineering services for the South Creek Pressure Improvements Project, and WHEREAS, HDR Engineering,Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with HDR Engineering, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with HDR Engineering, Inc., for professional engineering services for the South Creek Pressure Improvements Project, 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 20th day of December 2001. MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Councilmember Pitt Mayor Stluka did not vote on this item. ACTION: The motion carried. COUNCIL COMMENTS: • Mayor Stluka noted that the Council would be having a one-day work session on February 8"' at the Round Rock Marriott. ADJOURNMENT: There being no further business, the meeting adjourned at 9:25 p.m. s ectfully Submitted, Christine R. Martinez, City Secretary JANUARY 10, 2002 The Round Rock City Council met in Work Session and Regular Session on Thursday, January 10, 2002 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER: 6:00 P.M. ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl • Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. WORK SESSION: 3.A.1. Consider a presentation on the "design-build"method of construction. James Broaddus introduced himself and outlined his experience concerning the design- build method of construction. Mr. Broaddus gave a detailed presentation on the following. • New Project Delivery Methods • Elements of Project Success • The University of Texas System Issues of 1994 • Pre-Project Planning (Scope Definition) • Customer Focus • Project Delivery Limitations • Project Delivery Options • Review of Texas Law on Project Delivery • • Senate Bill 510 (2001) and Key Provisions • UT System and Design-Build • Senate Bill 669 (1999) • Project Delivery Systems • Construction Industry Institute Research on Project Delivery • Design-Bid-Build Advantages • Competitive Sealed Proposals and Proposal Advantages • Competitive Sealed Proposals vs. Design-Bid-Build Comparison • Construction Management Advantages and Disadvantages • Design-Build Advantages and Disadvantages • Design-Build and Design-Bid-Build Comparison • Texas Design-Build Process • Structural Variations • Influence vs. Expenditure Curves • Owner Implementation • Guidelines for Owners • Steps for Owners before selecting the Design-Builder • Steps for Owners after selecting the Design-Builder CALL REGULAR SESSION TO ORDER—7:00 P.M. • PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: JANUARY 10, 2002 Marvin Felux, Jon Koch and Kent Ochel, asked for the Council's support of the 2nd Annual Round Rock Express Banquet on January 26'. Alfredo Uribe, 2105 Stirrup, asked that no smoking be allowed in restaurants. Mercedes Floyd, 12-1 E. Main Street#209, asked that no smoking be allowed in • restaurants. Nicole Masterjohn, 2304 Emmett Parkway, Austin, asked for a smoke free ordinance in Round Rock. Jenna Reinke, 8203 Monona, Austin, asked for a smoke free environment for Round Rock. Haval Karim, 1706 Lime Rock Drive, asked for a no smoking ordinance in Round Rock. Marc McClendon, 16011 Mickey Drive, Austin, spoke on second hand smoke and asked the Council to approve a no smoking ordinance for Round Rock. Mayor Stluka noted that the Council would be discussing a no smoking ordinance at their work session in February. PUBLIC HEARINGS: • 8.A.1. Consider public testimony regarding an application to rezone 106.55 acres of land, more or less, out of the Asa Thomas Survey, A-609, in Round Rock Williamson County, Texas from Planned Unit Development(PUD)District Nos. 36 and 37 to Planned Unit Development(PUD)District No. 56. Joe Vining, Planning Director made the staff presentation. This tract contains portions of Planned Unit Development (PUD)No. 36 and No. 37. These PUD's were approved on March 25, 1999. The Council held,a public hearing on December 20, 2001 regarding the rezoning of this tract. This additional public hearing is being held at the request of the Council. Staff has been working with the developer regarding concerns from the residents. Tom Word, Traffic Engineer responded to traffic questions that were brought up. He explained that A.W. Grimes Boulevard is adequate to address the traffic issues in this area. Also, the current zoning ordinance does not require a traffic impact analysis for developments but the new zoning ordinance will have that provision added. Mr. Word explained how South Creek will get its access in the future. Z5 2. JANUARY 10, 2002 Jim Stendebach, Assistant Planning Director noted the changes that were made to tracts 3A and 3 B. He noted that tract 3B was reduced to 200 townhomes and 3A has 300 apartments or similar uses. Mr. Wise on behalf of the applicant said the benefits of the current zoning are not as high as the proposed PUD 56 zoning. He added that he has visited with staff and the area residents and would like to continue with the development for this area. He asked for the Council's approval of the amendment that was presented to the Council,which was reducing the apartments to 200 on each tract and develop more commercial or extend the commercial on tract 3A and have 200 townhomes identified for seniors on tract 3B. Mayor Stluka opened the public hearing. John Gordon, 1007 Green Meadow, spoke against the multi-family zoning in the South Creek area. He gave an overview of the number of apartments the City has and their locations. Gabriele Kubo, 607 Elder Way, spoke against the multi-family zoning. Richard Lieffort, 423 Maple Run, spoke against the multi-family zoning at the proposed location. Donna Bonner, 2007 Yaupon Trail, spoke against the multi-family zoning and asked that • the tract not be rezoned. Jason Brecht, 412 Hideaway Lane, said that even though he does not support commercial or industrial for this area that he would like it to remain the current zoning. Robert Luis, 604 Sweetgum Lane, spoke against the multi-family zoning. He would like to see apartment developments distributed around the City. Jim Smajstrla, 1703 Amber Skyway Cove, spoke in favor of the current zoning and asked that it not be changed. Gerald Pohlmeyer, 2310 Silverleaf Cove, spoke against the rezoning. He said the current zoning is correct and should stay in place. He added that this development could affect the drainage in South Creek. • Diane Shrawder, 2303 Silverleaf Cove, opposed the rezoning. Laura Siller-luis, 604 Sweetgum Lane, spoke against the multi-family rezoning but was in favor of the commercial zoning for this area. Carolyn Thibodaux, 2415 Chestnut Path, spoke against the multi-family zoning. She said this zoning will not improve the land. 253 JANUARY 10, 2002 Susan Moss, 2608 Willow Way,noted that she likes the Town Center concept and Randalls but doesn't like what is going on the tracts of 3A and 3B. She also asked that 3B be developed first and she wants to know what exactly is going on that tract. Judy Roberts, 2005 Yaupon Trail, submitted a petition that contained 309 signatures in favor of quality of life and no for apartments and multi-family dwellings. • Karen Adair-Murphy, 2302 Silverleaf Cove, spoke against the multi-family zoning. She added that she has no concern with individuals who live in apartments only the apartments themselves. She asked the Council to vote no to rezoning. Marvin Denamn, 1840 Red Rock Drive, asked the Council not to deviate from the current zoning. He said that the key issue is ownership and does not want anything that will turn the area into a rental area. He also does not want townhomes. Kevin LaVoie, 1703 Fort Grant Cove, spoke against the multi-family zoning and the increased traffic. Tam Jones, 1856 Red Rock Drive, asked the Council to vote no for the rezoning because there will be no controls as to what type of townhomes will be constructed. • Morris Winkle, 2808 Phoenix Way, spoke in favor of retaining the current zoning. David C. Villarreal, 618 Sweetgum Lane, said he was opposed to residential for this tract especially multifamily. Rachel A. Menchaca, 618 Sweetgum Lane, spoke against the multi-family zoning. Jeff Barnett, 1702 Apache Trail, spoke against the multi-family zoning. He added that owner occupied townhomes are okay but asked the Council to vote no on the rezoning. Walt Peters, 1745 Fort Grant Drive, spoke against the multi-family zoning. He added that the schools will be impacted by multifamily developments. Kim Gross, 2205 Mimosa Trail, signed up to speak but did not come forward. David Pruett, 1711 Amber Skyway Cove, spoke against the multi-family zoning but he • liked the commercial development. John O'Brien, 2003 Boxwood Path, opposed apartments for this area. Unknown Individual, 2107 Willow Way, signed up to speak but did not come forward. The card noted that this individual was opposed to apartments in the South Creek area. There being no further testimony, the public hearing was closed. CONSENT AGENDA: 254 JANUARY 10, 2002 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. No items were removed from the Consent Agenda. *10.A. Consider'approval of the minutes of the Regular Session of October 25 2001 *10.13. Consider approval of the minutes of the Special Session of November 5 2001 10.C. Consider approval of the minutes of the Regular Session of November 8 2001 *11.B.1. Consider an ordinance prohibiting the parking of vehicles on both sides of South Industrial Boulevard from 115 feet east of the centerline of West Industrial Boulevard to the corner of West Industrial Boulevard and on both sides of West Industrial Boulevard from 90 feet south of the centerline of South Industrial Boulevard to 145 feet north of South Industrial Boulevard. (First Reading) *12.A.1. Consider a resolution authorizingthe e Mayor to execute a Real Estate Contract with Jon Robert Boede for right-of-way for the Double Creek Drive Project. *12.E.1. Consider a resolution authorizing the closing of portions of Round Rock Avenue, Mays Street, Main Street, and Sheppard Street from 3:00 o'clock p.m. until 3:30 o'clock p.m. on January 19, 2002 for the Annual Martin Luther King, Jr. Commemorative March. • *12.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Contract for Engineering Services with Carter&Burgess, Inc. for improvements to US 79 from FM 1460 to CR 195. MOTION: Councilmember Palmer moved to approve all of the consent agenda items listed. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • APPROVAL OF COUNCIL MEETING MINUTES: *10.A. Consider approval of the minutes of the Regular Session of October 25 2001. This item was approved under the consent agenda. *10.B. Consider approval of the minutes of the Special Session of November 5 2001 This item was approved under the consent agenda. 255 JANUARY 10, 2002 *10.C. Consider approval of the minutes of the Regular Session of November 8, 2001. This item was approved under the consent agenda. ORDINANCES: 11.A.1. Consider an ordinance rezoning 106.55 acres of land, more or less, out of the Asa Thomas Survey,A-609, in Round Rock, Williamson County, Texas from Planned Unit Development(PUD)District Nos. 36 and 37 to Planned Unit Development(PUD)District No. 56. (First Reading) Joe Vining,Planning Director made the staff presentation. This tract contains portions of Planned Unit Development(PUD)No. 36 and No. 37. These PUD's were approved on March 25, 1999. This item was tabled at the December 20, 2001 Council meeting. The Council expressed their concerns on specific portions of the development and the input they had received from the residents regarding impact on traffic and area schools and of the density of this development. They asked the developer to take note of the comments and concerns that were voiced and to see if he can bring back a solution to those concerns. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND • ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 106.55 ACRES OF LAND IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD)DISTRICT NO. 56. MOTION: Mayor Pro-tem Nielson moved to approve the ordinance that was provided in the Council packet and in accordance with the amended Exhibit"D" as provided at the meeting. Councilmember Coe seconded the motion. (Exhibit"D"which was provided at the meeting is as follows:) Development Parcel "3A" TOWNHOUSE AND COMMERCIAL DEVELOPMENT PARCELS The Development Standards for Development Parcel "3A" shall be the same Development Standards listed for Development Parcel "313", described below, with the following exceptions: Portions of Development "3A" not utilized as described above may be developed under • the Development Standards as described in Development Parcel"2", described below. No portion of Development"3A"may be developed into single-family lots. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Palmer Councilmember Coe Mayor Stluka Noes: Councilmember Pitt Councilmember Gallahan ACTION: The motion carried with 5 ayes and 2 noes. 25 .6. JANUARY 10, 2002 *11.B.1. Consider an ordinance prohibiting the parking of vehicles on both sides of South Industrial Boulevard from 115 feet east of the centerline of West Industrial Boulevard to the corner of West Industrial Boulevard and on both sides of West Industrial Boulevard from 90 feet south of the centerline of South Industrial Boulevard to 145 feet north of South Industrial Boulevard. (First Reading)This item was approved under the consent agenda. 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 SOUTH INDUSTRIAL BOULEVARD AND ON A PORTION OF WEST INDUSTRIAL BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 1 LB.2. Consider an ordinance adopting the 2000 Edition of the International Building Code. (First Reading) Gary Lawrence, Building Inspector made the staff presentation. The Standard Family of Codes that is currently enforced is no longer revised to reflect changes in the current industry standards. The Standard,Uniform and BOCA Building Codes have been consolidated into single family of codes, The International Codes. Last year the City Council adopted the International Residential Code for one and two family dwellings. This ordinance will adopt the family of International Codes. This ordinance will also repeal the 1994 Edition of • the Standard Building Code and Standard Existing Buildings Code and adopts the 2000 Edition of the International Building Code. The Section pertaining to Permit Fees remains unchanged and obsolete provisions of the Code will be repealed. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, ADOPTING THE 2000 EDITION OF THE INTERNATIONAL BUILDING CODE, REGULATING AND CONTROLLING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND.STRUCTURES IN THE CITY OF ROUND ROCK, TEXAS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AMENDING SECTIONS 3.101 AND 3.102; REPEALING SECTIONS 3.105, 3.109 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH, PROVIDING FOR A SAVINGS CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Pitt seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. JANUARY 10,2002 257 11.B.3. Consider an ordinance adopting the 2000 Editions of the International Family of Codes: Fire,Plumbing, Energy and Conservation,Mechanical, and Fuel and Gas. (First Reading) Gary Lawrence,Building Inspector made the staff presentation. The Standard Family of Codes that is currently enforced is no longer revised to reflect changes in the current industry standards. The Standard,Uniform and BOCA Building Codes have been consolidated into • single family of codes, The International Codes. Last year the City Council adopted the International Residential Code for one and two family dwellings. The Ordinance before the Council tonight adopt the family of International Codes. This ordinance repeals the 1994 Edition of the Standard Building Code and adopts the 2000 Editions of the International Building Codes: Fire,Plumbing, Energy and Conservation,Mechanical, and Fuel and Gas. The Sections pertaining to Permit Fees remains unchanged. Obsolete provisions of the Code are repealed. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, ADOPTING THE 2000 EDITIONS OF THE INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL ENERGY AND CONSERVATION CODE, AND INTERNATIONAL FIRE CODE ESTABLISHING MINIMUM STANDARDS AND REGULATIONS IN THE CITY OF ROUND ROCK, • TEXAS; PROVIDING FOR THE ISSUANCE OF PERMITS, PENALTIES AND COLLECTION OF FEES; AMENDING SECTIONS 3.500, 3.600, 3.700, AND 5.100 AND REPEALING SECTIONS 3.200, 3.109, 3.506 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH, , PROVIDING FOR A SAVINGS CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Palmer seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: • *12.A.1. Consider a resolution authorizing v the Mayor to execute a Real Estate Contract with Jon Robert Boede for right-of-way for the Double Creek Drive Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 1.536 acre tract of land for additional right-of- way for the Double Creek Drive Project, and 258 JANUARY 10, 2002 WHEREAS, Jon Robert Boede, 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 Jon Robert Boede, 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 10th day of January 2002. 12.B.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the Texas Forest Service for the Urban Forestry Partnership Grant Program to establish a tree farm. Sharon Prete, Parks and Recreation Director made the staff presentation. PARD has applied for and received Grants over the passed four years. Previous grant applications were to help fund the Urban Forester positions. This grant is for the establishment of a tree farm. The tree farm will be located at the wastewater treatment plant on US79. It will serve as a resource both to educate the public and to develop a reforestation program. The grant is in the amount of$10,000.00. RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS ASSOCIATED WITH THE "URBAN FORESTRY PARTNERSHIP GRANT PROGRAM" GRANT REQUEST AND COMMITTING SHARED COST OF THE PROJECT AS DESCRIBED IN THE GRANT APPLICATION. WHEREAS, the 101st Congress of the United States, in developing the Forestry Title of the 1990 Farm Bill, found that the health of forests in urban areas and communities is on the decline; and that these forests, trees, and open spaces improve the quality of life for residents, enhance economic value of property, and are effective at reducing the buildup of carbon dioxide, and WHEREAS, Congress defined the purposes of this program to include improving the understanding of the benefits of preserving existing tree cover; encourage property owners to maintain trees and expand forest cover; provide educational and technical assistance to local organizations in maintaining and expanding forest cover; provide competitive matching grants to local units of government and other approved organizations for urban forestry projects; implement a tree planting program; promote the establishment of demonstration projects to illustrate the benefits of forest cover; and enhance technical skills of individuals involved in establishing or maintaining urban forest, and WHEREAS, the City of Round Rock is eligible to participate in this program and has • successfully submitted a grant application in the amount of$10,000.00,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: Section 1: The City Council hereby authorizes the Mayor to execute all agreements associated with the "Urban Forestry Partnership Grant Program" Grant with the Texas Forest Service. Section 2: The City Council commits to providing its share of the project costs through "in-kind" services as described in the grant application. Section 3: The City Council endorses and permits the planting of trees on public property under their jurisdiction in the City of Round Rock. 25, JANUARY 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 January 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas • ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 12.C.1. Consider a resolution consenting to the addition of 52.753 acres of land to • Williamson County Municipal Utility District No. 10 for inclusion in said District. Joe Vining, Planning Director made the staff presentation. Teravista, formerly Stonewater Development is requesting permission to annex this acreage into Municipal Utility District (MUD)No. 10. The terms of the consent agreement previously approved by the Council recognize this tract for annexation. (Ordinance No. G-98-08-27-9C1) RESOLUTION NO. A RESOLUTION CONSENTING TO THE ADDITION OF 52.753 ACRES OF LAND TO WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 10 FOR INCLUSION IN SAID DISTRICT. WHEREAS, attached to this resolution and made a part hereof is a petition requesting the consent of the City of Round Rock, Texas, to the annexation of 52.753 acres of land into Williamson County Municipal Utility District No. 10, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Petition for Consent to Annex Land into Williamson County Municipal Utility District No. 10, attached hereto as Exhibit "A" and incorporated herein, is hereby granted, and • the City consents to the annexation of the property described in said petition into the Williamson County Municipal Utility District No. 10. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 January 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: 260 JANUARY 10, 2002 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 Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 12.D.1. Consider a resolution in support of improvements to US 79 from McNutt to Taylor Loop. Bob Bennett, City Manager made the staff presentation. Williamson County is appearing before the Transportation Commission on January 31, 2002. The City's support is critical to the success in getting this project moving. RESOLUTION NO. WHEREAS, Williamson County is the second fastest growing county in Texas in percentage growth (79%) over the 1990-2000 ten-year period, and the 19th fastest growing county out of 3141 counties nationwide, and • WHEREAS, population projections performed in coordination with the Capital Area Metropolitan Planning Organization (CAMPO) indicate this growth trend will continue to increase dramatically over the next twenty-five years, and WHEREAS, US 79 provides the only major east-west travel corridor in Williamson County, linking the growing communities of Round Rock,Hutto, and Taylor, and WHEREAS, US 79 between IH-35 and the Milam County Line has become an extremely unsafe stretch of roadway, with 860 accidents and 16 fatalities at a cost of over $74 million from January 1995 through May 2000, and WHEREAS, US 79 is a locally and regionally supported roadway that was included in the successful November 2000 $350 million bond referendum, and WHEREAS, the improvements of US 79 from McNutt Creek to the Taylor Loop will provide a safer route for our traveling public,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock requests that the Texas Transportation Commission grant the proposed expansion of US 79 Priority 2 Level of Authority and identify Fiscal Year 2004 construction funding. BE IT FURTHER RESOLVED That the City of Round Rock requests that the Texas Transportation Commission take all steps necessary to ensure the accelerated development of this critical regional and safety- enhancing improvement. The City Council hereby finds and declares that written notice of the date, hour, place and • subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 January 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 2 6i JANUARY 10,2002 MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer • Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 12.D.2. Consider a resolution authorizing.the Mayor to execute an Agreement for Consulting Services with WarrenCreative+for marketing, advertising and public relations services. Nancy Yawn,Public Affairs,Business Development Director made the staff presentation. Council adopted the Angelou Economic Development Plan recommended by the Economic Development Advisory Commission in September 2001. The plan includes hiring a marketing/advertising/public relations firm to provide a brand logo and tag line, marketing collateral, economic development web-site, advertising campaigns, associated public relations • and event scheduling and other marketing, advertising and public relations services. The cost will be between$126,500 and $147,500 plus printing cost. These professional services are needed for implementation of this part of the plan. This will allow the City to have the materials and resources needed to market the City of Round Rock in a professional manner. It will also provide the vehicle for a public relations and advertising campaign to put Round Rock on the top of the minds of the decision makers nationally in our target market segments. RESOLUTION NO. WHEREAS, the City has a need for professional marketing, advertising, and public relations services, and WHEREAS, WarrenCreative+ has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with WarrenCreative+, Now Therefore BE IT RESOLVED BY 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 WarrenCreative+ for professional marketing, advertising, and public 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 10th day of January 2002. ROBERT A. STLUKA, JR., Mayor 2- 6, 21 JANUARY 10, 2002 City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Gallahan moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *12.E.1. Consider a resolution authorizing the closing of portions of Round Rock Avenue, Mays Street,Main Street, and Sheppard Street from 3:00 o'clock p.m. until 3:30 o'clock p.m. on January 19, 2002 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 3:00 o'clock p.m. until 3:30 o'clock p.m. on January 19, 2002 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, That the streets along the parade route be closed as set forth above from 3:00 o'clock p.m. until 3:30 o'clock p.m. on January 19, 2002 for the Annual Martin Luther King, Jr. Commemorative March. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of January 2002. 12.E.2. Consider a resolution authorizing the Mayor to execute an Accreditation/ Recognition Program for Law Enforcement Agreement with the Commission on Accreditation for Law Enforcement Agencies, Inc. to apply for Police Department national accreditation. Paul • Conner, Chief of Police made the staff presentation. During the past fiscal year, after much study, the Department has decided it is in the City's best interests to pursue becoming a nationally accredited police agency. The Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA)has established standards designed to increase: • Police departments' capabilities to pursue and control crime; • The effectiveness and efficiency of delivering police services; 263 JANUARY 10, 2002 • Cooperation and coordination with other criminal justice agencies; and • Citizen and employee confidence in the goals, objective, policies and practices of the agency. This agreement would allow the Round Rock Police Department to enter the Commission's accreditation process for a fee of$7,400. During this process, the department will evaluate its existing compliance with more than 400 standards prior to an on-site assessment by • CALEA examiners. Once accredited,the department must remain in compliance (standards are known to evolve over time, and new standards are occasionally added) and be re-accredited every three years. In addition to the recognition associated with the attainment of international Y; excellence, there are numerous other internal, community and financial benefits. These include: • Improved administrative management • Improved service delivery • Greater accountability from supervisors • Enhanced morale • Liability reduction • Clear, comprehensive,written directives and procedures • Training improvements • Increased support of requests for comparable pay and benefits • Strong defense against lawsuits A videotape was shown concerning CALEA. Col. Tiber who conducted the study • recommended that the City's become a nationally accredited police agency. RESOLUTION NO. WHEREAS, the Round Rock Police Department wishes to apply for national accreditation with the Commission on Accreditation for Law Enforcement Agencies, Inc., and WHEREAS, the City of Round Rock desires to enter into an Accreditation/Recognition Program for Law Enforcement Agreement with the Commission on Accreditation for Law Enforcement Agencies, Inc., to begin the accreditation process,Now Therefore BE IT RESOLVED BY 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 Accreditation/Recognition Program for Law Enforcement Agreement with the Commission on Accreditation for Law Enforcement Agencies, Inc., to begin the accreditation process, 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 January 2002. ROBERT A. STLUKA, JR.,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Pitt seconded the motion. 2s � JANUARY 10, 2002 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • 12.E.3. Consider a resolution authorizing the Mayor to make the necessaryr application to the Capital Area Planning Council for financial assistance to hire and equip two part-time Victim's Assistance personnel. Paul Conner, Chief of Police made the staff presentation. The Round Rock Police Department Victims Assistance Program is committed to protecting the rights of and providing services to victims of violent crime as well as the immediate family in the case of death investigations. The program provides support to crime victims and victims of other serious incidents, ensuring that victims' and survivors' needs are balanced against the needs and objectives of the criminal investigation. Based on available population forecasts and historical caseload data, the program's caseload is expected to rise from 408 annual cases in 1997 to a forecasted 526 annual cases by 2005. This grant project would continue the employment of two part-time, Victims Assistance Providers hired through a grant • awarded in FY 2000-01 to improve the services received by crime victims in Round Rock by increasing the quality and quantity of personal contacts with victims. The project will allow the Victims Assistance Program to keep pace with the city's growth and improve the quality of service that crime victims receive from the Program. The cost to the City is $7,010 in matching funds. The project seeks to improve the services received by crime victims in Round Rock by increasing the quality and quantity of personal contacts with victims,providing additional victims assistance training to police officers, and increasing public awareness of the Victims Assistance Program. RESOLUTION NO. WHEREAS, the Capital Area Planning Council 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: 2 6, JANUARY 10, 2002 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 10th day of January 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. *12.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Ap,reement No. 3 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. 3 to the Contract for a change in the scope of services, to include additional survey work, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 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. 3 to the Contract with Carter & Burgess, Inc., a copy of said supplemental agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of January 2002. 26,6. JANUARY 10, 2002 12.F.2. Consider a resolution authorizing the Mayor to execute Contract Amendment No 2 with HDR Engineering, Inc. for the design of the East Water Transmission Line (Phase I) Improvements. Jim Nuse,Director of Public Works made the staff presentation. Phase I, improvements consist of a 48-inch water line from the Water Treatment Plant to Barton Hill, which is currently under design. Bids were taken for Phase I-A on November 13"', 2001, in order • to coordinate our project with crossing the Beasley property, due to the current construction of the Roger Beasley Dealership, west of I1135. Since, the Roger Beasley Dealership has proceeded faster than anticipated the Phase I-A will not be awarded. Phase 1 of this project, approximately 8,000 linear feet will be bid in March 2002,provided all easements have been acquired. The general scope of work under this amendment is for additional engineering and surveying services. These services are required to move the designed route to the north, to accommodate TXDOT requirements and avoid improved properties, which would increase the construction cost of this project. This work is for additional surveying to facilitate land acquisitions. The increase is $13,500.00. 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 I)Improvements, and WHEREAS, HDR Engineering, Inc. has submitted Amendment No. 2 to the Contract for a change in scope of services to include additional engineering and surveying services, as described in the attached Amendment No. 2, and WHEREAS, the City Council desires to enter into said Amendment No. 2 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 Amendment No. 2 to the Contract with HDR Engineering, Inc., a copy of said amendment being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of January 2002. ROBERT A. STLUKA, JR., Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt 2' 6*: T JANUARY 10, 2002 Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 12.17.3. Consider a resolution determining that"design-build contract"is the delivery • method,which provides the best value for the City for the construction of a parking garage to be built in conjunction with the Masterplan Citpmpus and District. Jim Nuse, Public Works Director made the staff presentation. Effective September 1, 2001, Texas Local Government Code Section 271.113 allows cities to use certain methods other than competitive bidding in entering into contracts for construction of facilities. One such method is "design-build contract." Section 271.114(a)mandates that the"governing body of a governmental entity that is considering a construction contract using a method specified by Section 271.113(a) other than competitive bidding must,before advertising, determine which method provides the best value for the government entity." This will allow the"design-build" contract method to be used for the construction contract for a parking garage to be built in conjunction with the Master Plan City • Campus and District. 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 parking garage to be built in conjunction with the Masterplan City Campus and District, and WHEREAS, the statute requires that a project-by-project determination must be made as to which 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"design-build contract"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 "design-build contract' is the delivery method, which provides the best value for the City for construction of the referenced parking garage. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 January 2002. 26:.81, JANUARY 10, 2002 ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 12.F.4. Consider a resolution authorizingthe e Mayor to execute a contract with Raymond Construction. Inc. for the construction of the McConico Building_. Jim Nuse, Director of Public Works made the staff presentation. The Council approved the original contract for architectural services with Architecture Plus (Resolution No. R-00-05-25-1105) to include the design of the Campus Master Plan,PARD/Planning/Courts Building, and Infrastructure Improvements. The McConico building is the first phase of the new Municipal Office Campus (MOC . The building • will house several City departments that are in much need of additional office space due to the city's growth. Seventeen (17) sealed competitive proposals were opened on Tuesday, December 11, 2001. The base proposal is $3,220,000.00 and staff recommended the acceptance of add- alternate two, three and four in the amount of$10,600 totaling the contract to $3,230,600.00. for the construction of the McConico Building by Raymond Construction, Inc. RESOLUTION NO. WHEREAS, the City of Round Rock has duly sought "competitive sealed proposals for construction services" for the construction of the McConico Building, as authorized by Texas Local Government Code, Section 271.111 et. seq., and WHEREAS, the City of Round Rock has complied with all statutory requirements of receiving, publicly opening, and reading aloud the names of the offers and prices stated in each proposal, and WHEREAS, the City of Round Rock has further complied with all statutory requirements • of evaluating and ranking each proposal submitted in relation to the published selection criteria, and WHEREAS, in accordance with Texas Local Government Code, Section 271.116(f), the City of Round Rock has selected Raymond Construction, Inc. as the proposal that offers the best value for the governmental entity based on the published selection criteria and on the ranking evaluation," and WHEREAS, the City Council wishes to accept the competitive sealed proposal of Raymond Construction, Inc. for the total proposal amount of Three Million Two Hundred Thirty Thousand Six Hundred Dollars and No/100 ($3,230,600.00), Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, JANUARY 10, 2002 That the Mayor is hereby authorized and directed to execute on behalf of the City a contract at the stated sum with Raymond Construction, Inc. for the construction of 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 10th day of January 2002. • ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • 12.F.5. Consider a resolution authorizing the Mayor to execute a contract with Chasco Contracting, Inc. for the Downtown Sidewalk Improvements Project. William J. Dobrowolski III, Senior Engineer made the staff presentation. The existing Downtown streetscape, sidewalks, and pedestrian access enhancements were made in the downtown area approximately fifteen years ago. The Council was given presentations on the status of this project. These presentations defined the Historical Downtown Sidewalk Improvements Project's Scope, design challenges, estimated construction cost, schedule, and impact on downtown business &visitors. On. December 18, 2001, the City received four bids for this project. Base bids ranged from $497,176.80 to over$725,000.00. Staff recommended the acceptance of all the bids as rectified on the bid tabulations and award civil section of base bid plus alternates # 1 &2, with item# 8 • netted out of the base bid and award to project to Chasco Contracting, Inc. for the Downtown Sidewalk Improvements Project at a cost of$522,170.30. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Downtown Sidewalk Improvements Project, and WHEREAS, Chasco Contracting, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Chasco Contracting, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 2 7: 0 JANUARY 10, 2002 That the Mayor is hereby authorized and directed to execute on behalf of the Ci a Y Y City contract with Chasco Contracting, Inc. for the Downtown Sidewalk Improvements Project, 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 January 2002. • ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. • 12.F.6. Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the Wastewater Disposal Contract with the Lower Colorado River Authority. Steve Sheets, City Attorney made the staff presentation. Pursuant to recommendations of the Technical Review Committee and Financial Review Committee, the Lower Colorado River Authority(LCRA) made application to the Texas Water Development Board (TWDB) for funding for a portion of the cost of Contracts 20 and 21 of the Brushy Creek Regional Wastewater System through their State Participation Fund. On July 16, 2001, the Board of Directors of the TWDB committed up to $15,000,000.00 to help fund Contracts 20 and 21. In order to take advantage of this form of financing, the LCRA must enter into a Master Agreement with TWDB. Staff recommended approval of this amendment so that the LCRA can enter into the Master Agreement with TWDB and complete the bid and aware process for contracts 20 and 21. • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Wastewater Disposal Contract ("Contract") with the Lower Colorado River Authority for regional wastewater disposal services, and WHEREAS, the City Council wishes to amend said Contract to allow the Texas Water Development Board's participation in the project,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 2 / JANUARY 10, 2002 That the Mayor is hereby authorized and directed to execute on behalf of the City Amendment No. 1 to the Wastewater Disposal Contract with the Lower Colorado River Authority, a copy of said amendment being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 10th day of January 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None • ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 10:53 p.m. R spectfully Submitted, Christine R. Martinez, City Secretary • 217;2: JANUARY 24, 2002 The Round Rock City Council met in Regular Session on Thursday, January 24, 2002 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl • Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Susan Moss, 2608 Willow Way, thanked staff for addressing the traffic issue concerning speeding in South Creek. Mayor Stluka recognized the Boy Scouts from Troop 458 who were at the meeting working on their citizens in the community badge. Each of the Boy Scouts introduced themselves to the Council. PUBLIC HEARINGS: 5.A.l. Consider public testimony to rezone 1.0908 acres of land, more or less, out of the David CILra Survey,A-130, in Round Rock, Williamson County, Texas from C-2 (Local • Commercial)to Planned Unit Development(PUD)No. 54 Sunrise Carwash PUD). Jim Stendebach, Assistant Planning Director made the staff presentation. The owner and developer of this tract submitted a request to rezone this tract to a PUD (Planned Unit Development) for the purpose of constructing a carwash facility on the site. The current zoning of this tract is C-2 (Local Commercial). Local commercial zoning does not specifically permit car washes due to the fact that properties with C-2 zoning usually back directly to single-family homes. In this case, the site backs to water storage tanks and a convenience store. The site has enough area for significant buffers adjacent to both streets. Construction materials are restricted to stone and a pre-finished metal roof. On January 2, 2002 the Planning and Zoning Commission recommended the rezoning of this tract to PUD subject to the following changes: • 1. Restrict hours of operation to 6:00 a.m. — 11:00 p.m. 2. Move driveway access away from Pearl Cove if traffic engineer agrees. 3. Provide privacy fence along the northeast property line. 4. Enclose vacuums to limit noise. 5. Provide for potential driveway access to 7-11. 6. Meet with residents to try to address their concerns. The developer has complied with the request from Commission. In addition, the developers made the following commitments and are contained in the revised PUD document. Attachment "A" Council Minutes January 24, 2002 . � 1 v EXHIBIT "D" DEVELOPMENT STANDARDS DEVELOPMENT PARCEL"3A"'- TOWNHOUSE DEVELOPMENT PARCELS • The following Development'Standards shall apply to all development on-portions of the Property which are identified as Development Parcel 3A on the Plan attached hereto as pe ty P Exhibit"C" 1. PERMITTED USES: The following principal uses are permitted: A maximum of two-hundred (300200) ><t�i'y Townhouse residential dwelling units, together with accompanying recreational amenities,shall be permitted on Parcel 3A. Townhouse residential dwelling units shall be defined as two or more dwelling units constructed with common or abuttuig scalls together with any associated common areas. No T�*nhcul e..residential dwelling units may be r6fistructed on top of any other dwelling units,v riot prevent.portions.ofaiystichtwostoardwellingunitis) m partially.encroaching over-the top of or below anc tl r unit. •`3.,.. r Senior independent living,.-or assisted living and or nursing homes licensed by the.State of �. Texas. The total number of living units for independent living or assisted living shall not exceed QW-o-hundred (200) dwelling units.The total number of patient rooms in a nursing home shall not exceed tw(--hundred (2001-fetmiis. Senior housing shall be restricted to persons 55 years•,x�or older or those who qw-dify for a HUD exemption troin the prohibition against familial Status discrimination under the Far Housing Act. . 0:1V9DOh1CORK%GN L\PUDSITOVI'NCENM H IBMODO 1791?.DOCk Jc 1. I • a a 1 The total number of units permitted on parcel 3A xvhether townhouse residential senior �. independent living, assisted livin", nursing home or ainv combination of these uses shall not exceed two hundred (200) units. OTiciseeesdentl dteana utiitsrslll either be estabhslrieclas Conttdriirnniiri uniis _ r tle Tea�as Difondrnturi�Art,SQctit�t�8 00 e seq,Texa�s 'nty Ott thez�e o =sunt rstoxittrn The above requrreinentshallilrxpleted pnor t > the t�suancefl certificate of not prevent -_ o ise units frl dWu rented::nor does.rt,prey=en nne:ow net jr:gtn g two or-n.-tore uri�tt� In addition to the residential uses stated above any portion of Parcel 3A may be developed and used for any use pennitted on Parcel 2 in accordance with all of the standards set forth for development on Parcel 2 in.this Exhibit D. The requirements of this Agreement replace 11.320 (3), (q) and (r) of the Code. 2. HEIGHT: No building on the Property shall exceed three two( 2) stories in height.except as otherwise specified-herein: The requirements of this Agreement replace 11.310 (4), (b), (iii) and (iv) of the Code. 3. DESIGN STANDARDS: 3.1 Exterior Finish: The.exterior finish of all buildings shall be 100 percent masonry,except for doors,windows, roofs, patios,balconies,awnings,gutters,special decorative features and trim.Masonry shall mean stone;simulated stone,brick,stucco,or cement based siding such as"Hardi Plank",or such other similar quality material approved in writing by the Director of Planning.Cement based siding or stucco shall not comprise more than a combined total of fifty percent (50%) of the exterior finish (breezeways, free standing garages and patio or balcony insets are not included in this calculation). 3.2 Roofing Materials: Roofing materials shall consist of twenty-five(25)year architectural dimensional shingles,tile or pre-finished, non-reflective metal,or such other similar quality material approved in writing by the Director of Planning. 3.3 Building Elevations: . Any wall in excess of seventy-five (75') feet in length shall include off sets approved by the Director of Planning, to preclude a box design. Ct\W DOX\COP R\GNL\PUDS\TOW NCENT\EXHI BM"I7912.DOGc& 2. No Text DEVELOPMENT PARCEL" 313" TOWNHOUSE&.SINGLE FAMILY PARCEL The following*Development Standards shall apply to all'development.on portions of the Property which are identified'as Development Parcel",3B" on the Plan attached heieto as . Exhibit"C". 1. PERMITTED USES: The following principal uses are permitted: A maximum of twothundred (200) townhouse residential dwelling units, together with..I accompanying recreational amenities, shall be permitted ori Parcel 3B. Townhouse residential dwelling units shall be defined as moi two or more dwelling units constructed with common or abutting walls together with g any. associated common areas all dw- g; ... group. No Touse-:r&identtal=dwelling Units.may be;eo truc ed;on.top of any other dwelling units pxo ided i o��eti erg thrs does riot. pre��ent portions of a � such t�rt�store d��elliii�unit() from par�talli cit roachu�r<��Y=et __top of'or bel����.anQthfer: njt.= Senior independent living:-or assisted living andor nursing homes licensed by the State;bf Texas. The total.number of living units for independent living or assisted living shall not exceed two-hundred (200)dwelling units.The total number of patient rooms in a nursing home shall not exceed two-hundred (2001�s. Senior housing shall be restricted to persons 55years of age or olderor those c,.-ho qualify for a HUD exemption from the prohibition against familial status discrimination under the Fair Housing Act. The total number of units,whether townhouse residentialimit�,senior independent living, -cf assisted living,-and nursing home;or a any combination of the two these uses;shall not exceed two-liundred (200) units. . All 1`6wi house residential"dtivellingii iits shall e tl c r he estahlislzed as Coi donuiii nri uriYts, pursuant tee°:the Texas-linife�r"m Codi�nuuin r�cz: Section �?:.00l.et: seq .Texas Property Code. or,platted as Subdivided lots iii accordance with the provisions of the.City Cede in effect atthee time ofsubdix ision,platting Tlie above regtdrements sball;be.conipleted prior to. the issuance of certificate of occupancy-This does,not preveni Townhoti w,.0 nits from being rented nor-does it prevent one owner fiotii tip ping tiyy.o or more units. In addition to the uses stated above, any portion of Parcel 3B may be developed into single Family lots in accordance with all the standards set forth for development on Parcel 4 in this Exhibit D. 0:\\C'DOX\CORK\GNLU'UDSITOVVNCENWXHIBIl\00017912.DOCkJc n No Text 273 JANUARY 24,2002 1. The vacuum cleaner will been enclosed in stone structures to limit noise. 2. The hours of operation have been limited. 3. The access drive will be located as far from Pearl Cove as the Traffic Engineer will permit. 4. A 6-foot fence will be installed along the northeast property line. 5. Surveillance cameras will be provided 24 hours a day, 7 days a week. Mayor Stluka opened the public hearing. • Andrew Beard, 1805 Hollow Tree, spoke against the proposed rezoning. Kyle M. Steensma, 1506 Pearl Cove, opposed the rezoning of this tract due to traffic concerns and the noise that will be created. Vicki Milner Brevell, 1404 Pearl Cove, opposed the proposed rezoning. Paul E. Maybaum, 1501 Pearl Cove, expressed his opposition to the rezoning and urged the Council to vote against the rezoning. Garry Smith, 1402 Pearl Cove, opposed the proposed zoning and said the rezoning does not meet City requirements because the zoning has to be compatible to the neighborhood. Hilda Del Dotto, 1503 Pearl Cove, spoke against the proposed rezoning. Alain Babin, 1800 Hunter's Trail, opposed to rezoning of the tract for a carwash. • Jerry Burks, 503 Konstanty Circle, Austin, owner and developer of the property gave a brief history of the tract and the benefits of the proposed use. He said that a carwash is a local commercial and anything else that is built on this tract would create traffic. He asked for the Council's support of his request. There being no further testimony, the public hearing was closed. 5.A.2. Consider public testimony regarding an application to rezone 105.31 acres of land,more or less, out of the Asa Thomas Survey,A-609, in Round Rock, Williamson County, Texas from Planned Unit Development(PUD)District Nos. 36 and 37 to Planned Unit Development(PUD)District No. 56. Jim Stendebach, Assistant Planning Director made the staff presentation. He gave an overview and history of the tract. This tract contains portions of Planned Unit Development(PUD)No. 36 and No. 37. These PUD's were approved on March • 25 1999. The Council gave approval to the first reading with amendments on January 10, 2002. The amended PUD includes the following: 1) All apartments have been eliminated and replaced with Townhomes, with additional options for commercial, senior living and single family. 2) Minor corrections and clarifying language. Mr. Stendebach provided the Council with a copy of the latest amendments to Exhibit "D" of the PUD document and then read those amendments. (Attachment"A") 274- JANUARY 24,2002 Councilmember McGraw outlined the concerns that he discussed with Mr. Wise which were clarifying the stacking of the units and the ownership of the units. In response to Councilmember Gallahan's question, Mr. Wise said that he would not be willing to reduce the number of units from 400 to 300. Mayor Stluka opened the public hearing. Susan Moss, 2608 Willow Way, said that she was okay with the townhomes and commercial in 3A and of the townhomes, single family and senior housing in 3B. She asked that before tract 3A was built that in tract 3B the single family and offices be built and if possible to proceed with the senior housing development before anything. Karen Adair-Murphy, 2302 Silverleaf Cove, expressed her concern on the density of the development and the impact on the schools. She said that she does not want more than 300 units developed in this area and was opposed to the rezoning of this tract. She asked the Council to vote no on the rezoning request. Ms. Adair-Murphy submitted a petition with approximately 286 signatures asking for the Council's support in preventing any more apartments from being constructed in the South Creek Area. David Pruett1711 Amber Skyway Coves oke against the proposed zoning because of • the impact on the schools. John Gordon, 1007 Green Meadow, thanked Councilmember Pitt and Councilmember Gallahan for"preserving the process"giving an additional two weeks to "clean up" details of the development. He also thanked the developer for assuring that there is a chance of ownership occupancy of the units. He said that if the Planning and Zoning Commission had given time for discussion concerning this development some of the issues might have already been resolved before it got to Council. There being no further testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered to be 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. *7.A. Consider approval of the minutes of the Special Called Joint City Council and Planning and Zoning Commission Session of October 30 2001 and December 3 2001 275 JANUARY 24, 2002 *7.B. Consider approval of the minutes of the Special Called Session of December 4, 2001. *7.C. Consider approval of the minutes of the Regular Session of December 6, 2001 and December 20, 2001. This item was not removed from the consent agenda but Councibnember Gallahan asked that the minutes of December 20th under items 9B3 and IOA1 show that • Councilmember Pitt was absent. *8.C.1. Consider an ordinance prohibiting the parking of vehicles on both sides of South Industrial Boulevard from 115 feet east of the centerline of West Industrial Boulevard to the corner of West Industrial Boulevard and on both sides of West Industrial Boulevard from 90 feet south of the centerline of South Industrial Boulevard to 145 feet north of South Industrial Boulevard. (Second Reading) *8.C.2. Consider an ordinance adopting the 2000 Edition of the International Building Code. (Second Reading) *8.C.3. Consider an ordinance adopting the 2000 Editions of the International Family of Codes: Fire,Plumbing Energy and Conservation, Mechanical, and Fuel and Gas. (Second • Reading) *9.A.1. Consider a resolution authorizingthe Mayor to execute a Real Estate Contract with Michael F. Watson for right-of-way for the Double Creek Drive project. *9.A.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Wayne L. Childers and wife, Jane Childers for the right of way for the Double Creek Drive project. *9.B.3. Consider a resolution authorizing the Mayor to execute an Agreement for Arbitrage Rebate Compliance Services with First Southwest Asset Management, Inc. for Federal Arbitrage Rebate Calculation Services. *9.C.2. Consider a resolution authorizingthe he Mayor to execute a Tunnel Wastewater • Easement and Right-of-Way on a 0.20-acre tract of land to the Lower Colorado River Authority for the Brushy Creek Wastewater Project. *9.C.3. Consider a resolution authorizingthe to execute a Wastewater Line and Right-of-Wgy and Access Easement on a 0.05-acre tract of land, a 1.21-acre tract of land, and a 0.41-acre tract of land to the Lower Colorado River Authority for the Brushy Creek Wastewater Prod ect. 276, JANUARY 24, 2002 *9.C.4. Consider a resolution authorizing the Mavor to execute a Tunnel Wastewater Easement and Right-of-Way on a 0.22-acre tract of land to the Lower Colorado River Authority for the Brushy Creek Wastewater Project. *9.C.5. Consider a resolution authorizing the Mayor to execute a Tunnel Wastewater Easement and Right-of-Way on a 0.09-acre tract of land, and a 0.10-acre tract of land to the Lower Colorado River Authority for the Brushy Creek Wastewater Project *9.C.6. Consider a resolution authorizing the Mayor to execute a Wastewater Line and Right-of-Way and Access Easement on a 0.17 acre tract of land a 0.25 acre tract of and and a 0.23 acre tract of land to the Lower Colorado River Authority for the Brushy Creek Wastewater Project. *9.C.7. Consider a resolution authorizing the Mayor to execute a Wastewater Easement and Right-of-Way on a 0.01-acre tract of land to the Lower Colorado River Authority for the Brushy Creek Wastewater Project. *9.C.8. Consider a resolution authorizing the Mayor to execute a Temporary Right-of- Entry Agreement with the Lower Colorado River Authority for the Brushy Creek Wastewater Project. • *9.C.9. Consider a resolution authorizingthe Mayor to execute a Wastewater Easement and Right-of-Way on 0.05-acre tract of land to the Lower Colorado River Authority for the Brushy Creek Wastewater Project. MOTION: Councilmember Palmer moved to approve all the items listed in the consent agenda,with the noted amendment for the December 20, 2001 minutes. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka • Noes: None ACTION: The motion carried unanimously. APPROVAL OF COUNCIL MEETING MINUTES: *7.A. Consider approval of the minutes of the Special Called Joint City Council and Planning and Zoning Commission Session of October 30 2001 and December 3 2001 This item was approved under the consent agenda. i 277 JANUARY 24, 2002 *7.B. Consider approval of the minutes of the Special Called Session of DeceI ber 4 I 2001. This item was approved under the consent agenda. j *7.C. Consider approval of the minutes of the Regular Session of December 6, 2001 and December 20, 2001. This item was approved under the consent agenda with noted amendments to December 20, 2001 minutes. • ORDINANCES: 8.A.1. Consider an ordinance adopting the Forest Creek Golf Course Capital Budget. (First Reading)David Kautz,Finance Director made the staff presentation. The City owns Forest Creek Golf Course and has contracted with GolfCorp to manage and operate the golf course. As part of the operation, Golf Corp prepares a capital budget for major improvements and equipment. The budget is funded by 6% of green fees. The golf course has always been self- supporting and no tax money or general revenues have been required to operate the golf course or to pay debt service. This budget will help to maintain and improve the Forest Creek Golf Course,preserve the asset, and keep it competitive with other golf courses. The budget is approximately$67,000. • ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FOREST CREEK GOLF COURSE FOR THE YEAR 2002. MOTION: Councilmember Gallahan moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 83.1. Consider an ordinance rezoning 105.31 acres of land,more or less, out of the Asa • Thomas Surve A-609 in Round Rock Williamson Count Texas from Planned Unit y. v, Development(PUD)District Nos. 36 and 37 to Planned Unit Development(PUD)District No. 56. (Second Reading A public hearing was held earlier in the meeting on this item. Councilmember Coe said that he agreed with the process that was taken for this PUD and that all of the Council has been working toward changes that would make this a good development for the City as a whole. He added that he was not comfortable with the 2 7-8,' JANUARY 24, 2002 development as it first came before the Council. He expressed his concern that some residents felt that the Council was not listening to their concerns regarding this development. He continued that the Council does listen to the resident that is why there is an amendment to the PUD on the table. As for the ownership issue, the Council can never dictate ownership in anyone's neighborhood. Also, the General Plan is only a plan that can be changed • to something else for the betterment for the whole City. Councilmember McGraw thanked everyone who spoke and who had input in this development. He added that this is a hard and emotional decision for the Council to make but this is a great project for the community. Also, everyone should remember that the development began with 800 apartment units but that was changed by all of the Council working with the developer. Councilmember Gallahan said that the residents of South Creek, Rolling Ridge and Round Rock Ranch are against the rezoning due to density and traffic concerns and the Council should follow their wishes. Also that the Council should"stick"to the current General Plan and to how the Planning and Zoning Commission zoned that area which is industrial and commercial. In addition that the Council needs to look at projects that can benefit the entire City. • Mayor Pro-tem Nielson thanked Mr. Wise for being accessible to the entire Council during this process. He also expressed his concern that the current zoning was not the optimum zoning for the tract and that the zoning that the tract was given at the time was short sighted. He would like to encourage more commercial development in this area so the residents don't have to travel SH-45 to shop. In addition he was concerned that there was no guarantee that the project would be what he envisioned it to be so he could not support the development as it stands but felt strongly about getting retail or office space in this area. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A • PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 105.31 ACRES OF LAND IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD)DISTRICT NO. 56. MOTION: Councilmember Palmer moved to adopt the ordinance with the amendments that were provided at the meeting by staff. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Palmer Councilmember Coe 2,7 9 JANUARY 24, 2002 Mayor Stluka Noes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Gallahan ACTION: The motion carried with 4 ayes and 3 noes. 8.B.2. Consider an ordinance rezoning 1.0908 acres of land,more or less out of the David Curry Survey, A-130, in Round Rock, Williamson County, Texas from C-2 (Local • Commercial) to Planned Unit Development(PUD)No. 54 (Sunrise Carwash PUD). (First Reading) A public hearing was held earlier in the meeting on this item. The owner/developer of this tract is proposing to construct a carwash facility on the site which is currently zoned C-2 (Local Commercial). Since local commercial zoning does not specifically permit car washes a PUD zoning is necessary for this site. On January 2, 2002 the Planning and Zoning Commission recommended the rezoning of this tract to PUD subject to the following amendments. 1. Restrict hours of operation to 6:00 a.m.— 11:00 p.m. 2. Move driveway access away from Pearl Cove if traffic engineer agrees. 3. Provide privacy fence along northeast property line. 4. Enclose vacuums to limit noise. 5. Provide for potential driveway access to 7-11. 6. Meet with the residents to try to address their concerns. • The developer has complied with the request of the Planning and Zoning Commission and included the following commitments. 1. The vacuum cleaner will been enclosed in stone structures to limit noise. 2. The hours of operation have been limited. 3. The access drive will be located as far from Pearl Cove as the Traffic Engineer will permit. 4. A 6-foot fence will be installed along the northeast property line. 5. Surveillance cameras will be provided 24 hours a day, 7 days a week. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 1.0908 ACRES OF LAND IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS TO PLANNED UNIT DEVELOPMENT (PUD)NO. 54. MOTION: Councilmember McGraw moved to disapprove the ordinance. Mayor Pro-tem • Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None ACTION: The motion carried unanimously. 2 8,10i, JANUARY 24, 2002 The following item(8.B.3.)was from the supplemental agenda. 8.B.3. Consider an ordinance rezoning 0.1746 acres of land more or less out of the Wiley Harris Survey, A-298, in Round Rock Williamson County Texas (Sanchez Tract) from SF-2 (Single Family Standard Lot) to C-1 (General Commercial). (Second Reading) Joe Vining, Planning Director made the staff presentation. This tract of land was originally zoned single family residential with the adoption of the City's Zoning Ordinance of 1969. The applicant is requesting a zoning change to District C-1 (General Commercial). The Planning and Zoning Commission held a public hearing on November 28, 2001 and recommended approval of the rezoning request to District C-1 (General Commercial). The first reading of the ordinance was approved on December 20, 2001. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 0.1746 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) TO DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Councilmember Pitt moved to approve the ordinance. Councilmember Palmer • seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Mayor Pro-tem Neilson was out of the room when the vote was taken. ACTION: The motion carried unanimously. *8.C.1. Consider an ordinance prohibiting the parking of vehicles on both sides of South Industrial Boulevard from 115 feet east of the centerline of West Industrial Boulevard to the corner of West Industrial Boulevard and on both sides of West Industrial Boulevard from 90 feet south of the centerline of South Industrial Boulevard • to 145 feet north of South Industrial Boulevard. (Second Reading) This item was approved under the consent agenda. 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 SOUTH INDUSTRIAL BOULEVARD AND ON A PORTION OF WEST INDUSTRIAL BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 2 8. 1< JANUARY 24, 2002 *8.C.2. Consider an ordinance adopting the 2000 Edition of the International Building Code. (Second Reading)This item,was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF- THE CITY OF ROUND ROCK, TEXAS, ADOPTING THE 2000 EDITION OF THE INTERNATIONAL BUILDING CODE, REGULATING AND • CONTROLLING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES IN THE CITY OF ROUND ROCK, TEXAS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AMENDING SECTIONS 3.101 AND 3.102; REPEALING SECTIONS 3.105, 3.109 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH, PROVIDING FOR A SAVINGS CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. *8.C.3. Consider an ordinance adopting the 2000 Editions of the International Family f Codes: Fire, Plumbing, Energy and Conservation,Mechanical, and Fuel and Gas. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, ADOPTING THE 2000 EDITIONS OF THE INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL ENERGY AND CONSERVATION CODE, AND INTERNATIONAL FIRE CODE ESTABLISHING MINIMUM STANDARDS AND REGULATIONS IN THE CITY OF ROUND ROCK, • TEXAS; PROVIDING FOR THE ISSUANCE OF PERMITS, PENALTIES AND COLLECTION OF FEES; AMENDING SECTIONS 3.500, 3.600, 3.700, AND 5.100 AND REPEALING SECTIONS 3.200, 3.109, 3.506 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH, PROVIDING FOR A SAVINGS CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. RESOLUTIONS: *9.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Michael F. Watson for right-of-way for the Double Creek Drive project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.012 acre tract of land for additional right-of- way for the Double Creek Drive Project, and WHEREAS, Michael F. Watson, 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 Michael F. Watson, 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 January 2002. 2 8:,,, 2 JANUARY 24, 2002 *9.A.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Wayne L. Childers and wife, Jane Childers for the right-of-way for the Double Creek Drive project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.387 acre tract of land for additional right-of- way for the Double Creek Drive Project, and • WHEREAS, Wayne L. Childers and wife, Jane Childers, the owners of the property, have agreed to sell said property to the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Wayne L. Childers and wife, Jane Childers, 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 January 2002. 9.B.1. Consider a resolution authorizing the Mayor to execute a Contract for the Collection of Delinquent Taxes with Linebarger Goggan Blair Pena& Sampson LLP for the collection of delinquent pro e� taxes. David Kautz, Finance Director made the staff presentation. This agreement with the law firm of Linebarger, Goggan, Blair, Pena and Sampson, is LLP is to enforce by suit or otherwise the collection of all delinquent taxes, penalty and interest on behalf of the City. The current contract with the firm has recently expired and this agreement is for a three years term. A 15% collection fee added to the delinquent tax accounts funds the collection process. This process will result in efficient and timely collection of delinquent property taxes,which provides funding for City operations and debt service. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional services for the collection of delinquent property taxes, and WHEREAS, Linebarger Goggan Blair Pena & Sampson, LLP has submitted a Contract for the Collection of Delinquent Taxes to provide said services, and - WHEREAS, the City Council desires to enter into said Contract with Linebarger Goggan Blair Pena& Sampson, LLP,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for the Collection of Delinquent Taxes with Linebarger Goggan Blair Pena & Sampson, LLP, 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. RESOLVED this 24th day of January 2002. 2 8� 3' JANUARY 24,2002 ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Palmer moved to approve the resolution. Councilmember • Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Mayor Pro-tem Nielson was out of the room when the vote was taken. ACTION: The motion carried unanimously. 9.B.2. Consider a resolution authorizing the Mayor to execute an Agreement with Southwest Information Technologies, Inc. and Liberty Information Management System for the Purchase, Installation, and Support of an Electronic Document Management System. David Kautz,Finance Director made the staff presentation. The Document Management System will • enable the conversion of paper documents such as invoices and purchase orders to an electronic storage and retrieval format. Centralized security and management of the system will standardize the system,making documents available to all users on a uniform basis. This means that the system only needs to be learned once and will have cross-department benefits. Also storage, retrieval and copying'costs will be reduced by this electronic system. The system will be implemented as a pilot program in the Finance Department and later expanded to other departments. The cost of the system will be$46,424.60. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional services for the purchase, installation and support of an electronic document management system, and WHEREAS, Southwest Information Technologies,. Inc. and Liberty Information Management System have submitted an Agreement for the Purchase, Installation and Support of • Electronic Document Management System to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Southwest Information Technologies, Inc. and Liberty Information Management System,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for the Purchase, Installation and Support of Electronic Document Management System with Southwest Information Technologies, Inc. and Liberty Information Management System, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the 284, JANUARY 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. RESOLVED this 24th day of January 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Palmer seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Mayor Pro-tem Nielson was out of the room when the vote was taken. ACTION: The motion carried unanimously. *9.B.3. Consider a resolution authorizing the Mayor to execute an Agreement for Arbitrage Rebate Compliance Services with First Southwest Asset Management, Inc. for federal arbitrage rebate calculation services. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional services for federal arbitrage rebate calculation services, and WHEREAS, First Southwest Asset Management, Inc. has submitted an Agreement for Arbitrage Rebate Compliance Services to provide said services, and WHEREAS, the City Council desires to enter into said Contract with First Southwest Asset Management, 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 Arbitrage Rebate Compliance Services with First Southwest Asset Management, Inc. for federal arbitrage rebate calculation 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. RESOLVED this 24th day of January 2002. • 9.C.1. Consider a resolution authorizing the Mayor to execute a contract with Southwest Cornerstone Contracting, Inc. for the Chisholm Trail Water Line Relocation project. Jiro Nuse, Public Works Director made the staff.presentation. Thirteen bids were received and opened on December 4, 2001 for the Chisholm Trail Water Line Relocation Project. This contract will include a small portion of the IH-35 waterline construction. Southwest Cornerstone Contracting, Q 2 8.. 5, JANUARY 24, 2002 Inc. submitted the lowest and best bid of$190,514.99. The scope of the work is to relocate the waterline in preparation for the roadway work in this area. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Chisholm Trail Water Line Relocation Project, and WHEREAS, Southwest Cornerstone Contracting, Inc. has submitted the lowest • responsible bid, and WHEREAS, the City Council wishes to accept the bid of Southwest Cornerstone Contracting, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Southwest Cornerstone Contracting, Inc. for the Chisholm Trail Water Line 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. RESOLVED this 24th day of January 2002. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Palmer Councilmember Gallahan Councilmember Coe Mayor Stluka Noes: None Mayor Pro-tem Nielson was out of the room when the vote was taken. ACTION: The motion carried unanimously. *9.C.2. Consider a resolution authorizing the Ma or to execute a Tunnel Wastewater MU or and Right-of-Way on a 0.20-acre tract of land to the Lower Colorado River Authority for the Brushy Creek Wastewater Project. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City desires to convey a wastewater easement to the Lower Colorado River Authority on a 0.20 acre tract of land for Brushy Creek Wastewater Interceptor 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 Tunnel Wastewater Easement and Right-of-Way(With Temporary Surface and Access Rights) to the Lower Colorado River Authority, 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 2 8, 6 JANUARY 24, 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 24th day of January 2002. *9.C.3. Consider a resolution authorizing the Mayor to execute a Wastewater Line and Right-of-Wav and Access Easement on a 0.05-acre tract of land a 1.21-acre tract of land and a 0.41-acre tract of land to the Lower Colorado River Authority for the Brushy Creek Wastewater • Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to convey a wastewater easement to the Lower Colorado River Authority on a 0.05 acre tract of land, a 1.21 acre tract of land, and a 0.41 acre tract of land for the Brushy Creek Wastewater Interceptor 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 Wastewater Line and Right-of-Way and Access Easement to the Lower Colorado River Authority, 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 January 2002. *9.C.4. Consider a resolution authorizing the Mayor to execute a Tunnel Wastewater • Easement and Right-of-Way on a 0.22-acre tract of land to the Lower Colorado River Authority for the Brushy Creek Wastewater Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to convey a wastewater easement to the Lower Colorado River Authority on a 0.22 acre tract of land for the Brushy Creek Wastewater Interceptor 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 Tunnel Wastewater Easement and Right-of-Way(With Temporary Surface and Access Rights) to the Lower Colorado River Authority, 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 January 2002. *9.C.5. Consider a resolution authorizing the Mayor to execute a Tunnel Wastewater Easement and Right-of-Way on a 0.09-acre tract of land, and a 0.10-acre tract of land to the Lower Colorado River Authority for the Brushy Creek Wastewater Project. This item was approved under the consent agenda. RESOLUTION NO. 81; JANUARY 24, 2002 WHEREAS, the City desires to convey a wastewater easement to the Lower Colorado River Authority on a 0.09 acre tract of land, and a 0.10 acre tract of land for the Brushy Creek Wastewater Interceptor 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 Tunnel Wastewater Easement and Right-of-Way.(With Temporary Surface and Access Rights) to the Lower Colorado River Authority, 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 January, 2002. *9.C.6. Consider a resolution authorizing the Mayor to execute a Wastewater Line and Right-of-Way and Access Easement on a 0.17 acre tract of land, a 0.25 acre tract of and, and a 0.23 acre tract of land to the Lower Colorado River Authority for the Brushy Creek Wastewater Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to convey a wastewater easement to the Lower Colorado River Authority on a 0.17 acre tract of land, a 0.25 acre tract of land, and a 0.23 acre tract of land for the Brushy Creek Wastewater Interceptor 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 Wastewater Line and Right-of-Way and Access Easement to the Lower Colorado River Authority, 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 January, 2002. *9.C.7. Consider a resolution authorizing the Mayor to execute a Wastewater Easement and Right-of-Way on a 0.01-acre tract of land to the Lower Colorado River Authori , for the Brushy Creek Wastewater Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to convey a wastewater easement to the Lower Colorado River Authority on a 0.01 acre tract of land for the Brushy Creek Wastewater Interceptor 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 Wastewater Easement and Right-of-Way to the Lower Colorado River Authority, 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 January 2002. 24 8,, JANUARY 24, 2002 *9.C.8. Consider a resolution authorizingthe e Mayor to execute a Temporary hg t-of- Entry Agreement with the Lower Colorado River Authority for the Brushy Creek Wastewater Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to convey a temporary right of entry to the Lower Colorado • River Authority for the Brushy Creek Wastewater Interceptor 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 Temporary Right of Entry Agreement with the Lower Colorado River Authority, 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 January 2002. *9.C.9. Consider a resolution authorizing the Mayor to execute a Wastewater Easement and Right-of-Way on 0.05-acre tract of land to the Lower Colorado River Authority for the Brushy Creek Wastewater Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to convey a wastewater easement to the Lower Colorado • River Authority on a 0.05 acre tract of land for the Brushy Creek Wastewater Interceptor 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 Wastewater Easement and Right-of-Way to the Lower Colorado River Authority, 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 January 2002. COUNCIL COMMENTS: Councilmember Gallahan asked for an update on the search for the Round Rock Chamber of Commerce Director. ADJOURNMENT: • There being no further business, the meeting adjourned at 8:50 p.m. Res ectfully Submitted, alvu��R.Christine R. Martinez, City Secre�4�ZAJary 2 V' 9; FEBRUARY 8, 2002 The Round Rock City Council met in a Special Called Work Session on Friday, February 8, 2002 at 8:00 a.m. at the Austin Marriott at Round Rock in the Austin Room, 2600 La Frontera Boulevard, Round Rock, Texas. ROLL CALL: Those members present were Mayor Robert A. Stluka, Jr., Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Earl • Palmer, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Bob Bennett, Assistant City Manager Joanne Land, City Attorney Steve Sheets, Planning Director Joe Vining, Public Works Director Jim Nuse, Finance Director David Kautz, Police Chief Paul Conner, and Fire Chief Lynn Bizzell. WORK SESSION: Consider discussion on the following topics: 3.A.1. Possible uses of the current YMCA and future plans for the facility. Bob Bennett informed the Council that the YMCA approached the City concerning the purchase of the YMCA property. There has been discussion with the YMCA Board and Council but they have not met collectively. Charlie Culpepper and Wade Todd of the YMCA were present and gave an update on the YMCAs future plans. There was discussion between the representatives of the YMCA, Council and staff regarding use of the YMCA by social service agencies and trading tracts in Old Settlers Park. Council agreed that further assessment needed to be done on purchasing or trading property. The Council gave their consensus for staff to proceed and determine what is needed, how the YMCA property can be utilized, benefits of purchasing or trading property and costs associated with these as discussed. 3.A.2. Regulatingsigns in the City's rights-of-wa. Steve Sheets gave an overview of the current regulations for signs in the right-of-way. He outlined a draft ordinance,which was provided to the Council regarding the placement of signs • in city-owned rights-of-way. Bob Bennett briefly outlined the history of why signs are currently being place in the rights-of-way on weekends by realtors. Concerns that were brought up were: • Current ordinance not enforced. • Too many duplicate signs. • Aesthetic harm to the City. 2. 9 C FEBRUARY 8, 2002 • Need patrol of signs on weekends. • Signs abandoned and never picked up. • Enforcement needs to be consistent. • To enforce a license requires too much red tape. • How can garage sale signs be allowed without violating the current ordinance. Ideas that were brought uU concerning the sign ordinance were: • • License fee for each sign. • Enforce the current ordinance. • Signs allowed only in a subdivision that is under construction. • Research how other cities are handling the sign situation. • Enforce a limitation on number of signs permitted. • Limited times of posting: 5:00 p.m. Friday through 5:00 p.m. Sunday. • Set aside$10k-$15K annually to hire part time officers to patrol the sign postings on the weekends if there is going to be enforcement of current ordinance. • Allow garage sale signs inside a subdivision for directional purposes and not outside the subdivision. Mayor Stluka asked that more information be provided on time, effort and cost of • enforcing the current sign ordinance. 3.A.3. Update of the Municipal Office Complex Project and the proposed Senior Center. Jim Nuse gave a brief presentation on how the Senior Center could fit in the Municipal Office Complex. Sharon Prete explained that this was being considered due to the discovery of mold in the current Senior Center. Joe Vining added that staff also wants to look more into the parking situation at the site. Bob Bennett noted that an option that was being discussed was the incorporation of underground parking under the future Senior Center but staff would keep the Council updated on any definite changes. 3.A.4. Possible amendments to the Smoking Ordinance. — 1.00 p.m. • Steve Sheets outlined the history of the current smoking ordinance and a category comparison between the current and proposed smoking ordinances. He also provided the Council with alternative smoking ordinances as follows: • Alternative 1 —This draft is patterned on Austin's ordinance. • Alternative 2—This draft is patterned on James Gray's suggestions. 291 FEBRUARY 8, 2002 • Alternative 3 —This draft is a merger of the Austin ordinance plus selected James Gray suggestions. • Alternative 4—This draft is patterned on the New Braunfels ordinance. There was discussion on physical enforcement of the ordinance,whether there will be infringement of property owner's rights,how to give the business owners a chance to provide • input, and how businesses would be affected. Staff will contact business owners and there will also be public hearings before a final decision is made. 3.A.5. Local and regional transportation and mobility issues. Mr. Frank Smith of PB Consult Inc., along with another representative made a presentation on the Regional Mobility Authorities (RMA). They outlined the following: • Introduction: Background - Central Texas Toll Road Projects Currently Under Development by TTA - New Legislation SB 342 Enabled Counties to Establish a Regional Mobility Authority(RMA) as an Alternative to Regional Toll Authority (RTA) - RMA Being Considered for SH 45, Loop 1 and US 183 • New RMA Legislation: SB 342 Implications for Central Texas • - Counties are Governing Members - Appointment of Members - TxDOT Approves Creation of RMA - Local Governments Get More Control Over: Regional Transportation Revenue Generation, Regional Transportation Spending and Toll Facilities. • RMA Advantages - More Control Over Transportation Network - Increased City and County Coordination - Excess Cash Flow Could Be Used for Repayments of ROW/Utility Expenditures - Excess Toll Proceeds Can be Applied Towards Transportation Projects. - Control Setting of Toll Rates • RMA Disadvantages • - Directly Responsible for Toll Road Development - Investment in Public Education and Public Involvement Required - Specific Requirements for Non-recourse Debt - Unique and Complex Process • RMA Management: Administrative Options Option 1: In-house Staff 2. 9 2, FEBRUARY 8, 2002 - Option 2: Executive Director plus Consultants - Option 3: Program Management Consultant • Key Financial Feasibility Issues: Preliminary cost Estimates - Cost Elements - SH/Loop 1 - $697,600,575 - US 183 A- $235,382,200 • • Financial Model - Information Received to Date Does Not Reflect Most Recent Assumptions on Cost and Revenue—Expect New Data Late February - Interim Report Runs Indicative of Structuring and Elements Only - Preliminary Assessment Indicates Need for TxDOT Funds • Toll Road Revenue Bond Financing Elements - Capital Costs—Certainty of Cost and Completion Dates: Design, Construction, Right-of-Way/Utilities,Design/Construction Oversight - Administrative, Operations and Maintenance Costs - Debt Service Coverage - Subordinated Loans • • Next Steps - Assess Rules Issued by TxDOT and Impact on Implementation - Review and Update Revised Revenue Information Provided by TTA - Incorporate All New Assumptions into Financial Analysis - Finalize Report In conclusion, Mr. Smith said that if Round Rock and Williamson County wish to proceed they would need to find some way to acquire$19,200,000. Round Rock also needs to determine what projects in the Transportation System Development Corporation TCIP can be deferred. Another option that can be taken is to apply for$1Omillion from the State Infrastructure Bank. 3.A.6. SH-45. • Williamson County Commissioner Mike Heiligenstein outlined the overall picture of the right-of-way for SH-45. He also outlined the following: • SH-45 right-of-way costs and estimates from Quick Hill Road to CR170. • The total amount paid by Williamson County for right-of-way. • The total amount paid by City of Round Rock for right-of-way. 2. 9. 3, FEBRUARY 8, 2002 • The total contributions by Dell Computer. • The total paid by Williamson County for utilities. • The total paid by City of Round Rock for utilities. • Total estimated right-of-way cost for Travis County. • Total estimated utility cost for Travis County. • • Parcels to be acquired q wrtlun Williamson County east of IH-35 • Parcels to be acquired by Williamson County west of IH-35 The Council, Commissioner Heiligenstein and staff discussed various points regarding SH-45 as to what it would take to complete the project,what was needed and who would need to be involved. 3.A.7. An offer from Brushy Creek Municipal Utility District for the purchase of capacity in the west Round Rock water line. Jim Nuse outlined the letter regarding the proposed sale of capacity in the West Round Rock Improvements System to the City that was sent to Brushy Creek Municipal District. The contract with Brushy Creek MUD expires in 2006. Presently, there are 6,250 connections of which the City will have access to when the contract • expires. The District's engineering company and HDR Engineering for the City reviewed various alternative valuation methods and arrived at a mutual agreed-upon fair value for the District's capacity. The Board of Directors met and accepted the letter as a memo of understanding. 3.A. 8. Length of time.for'comments of citizens and Councilmembers. Mayor Stluka said that with the City's growth more and more residents are attending Council meeting who wish to speak under Citizen Communications or public hearings. The Council has not been consistent with the currently policy which is a 5-minute limit for individuals wishing to address the Council. There is no policy or time limit for Public Hearings but if the Council wishes one can be added to the currently policy. Mayor Stluka suggested that at the next meeting an announcement be made that at future meeting the Council will adhere to • the 5-minute maximum ordinance. He asked the Council to e-mail to Mr. Bennett their preference concerning the following concerning comments from citizens and/or the Council. • Do nothing • Enforce current ordinance • Enforce 5 minute rule at Public Hearing 3.A. 9. Certificate of Convenience and Necessity (CM. 2 94, FEBRUARY 8,2002 Steve Sheets outlined various scenarios of having and not having a CCN. He recommended that the City file an application to with TNRCC to withdraw the City's CCN because it has outlived its usefulness for wastewater and the City does not currently need it water. 3.A.10. Lower Colorado River Authority Tunnel Project. Jim Nuse gave an update on the Brushy Creek Regional Wastewater System project and • it's alignment through the Ledbetter neighborhood. He outlined a draft letter from Mr. Clarno that explained the budget and schedule impact of further studies or consideration of revisions to the proposed alignment of this project. Mr. Nuse also outlined the letter from the LORA, which summarized the status of the Brushy Creek Regional Wastewater System Contracts 1, 21, and 20 projects. The letter that Councilmember McGraw received from the Brushy Creek Preservation Society was also discussed. EXECUTIVE SESSION: 4.A. Executive Session as authorized by 051.074 Government Code,related to the evaluation of the CiIy Manager. The Council entered into Executive Session at 1:38 p.m. and adjourned at 2:20 p.m. • ADJOURNMENT: There being no further business, the meeting adjourned at 2:21 p.m. Respectfully Submitted, CmQ�. Christine R. Martinez, City Secretary • 2 9'S PAGES 295 THROUGH 300 WERE INTENTIONALLY LEFT BLANK CITY COUNCIL MINUTES CONTINUE IN BOOK 47 29- 6, 297 2918, • i • 299 300