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MINUTE BOOK 49 2003 1 APRIL 24,2003 The Round Rock City Council met in Executive Session and Regular Session on Thursday, April 24, 2003, in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE SESSION TO ORDER.—6:30 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. Councilmember Alan McGraw was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. EXECUTIVE SESSION 3.A. Executive Session as authorized by 051.071 Government Code, related to pending or contemplated litigation,to wit: Cause No. 02-784-C26, Cox Texas Newspaper, L.P., d/b/a/Austin American-Statesman vs. City of Round Rock, Texas. The Council entered into Executive Session at 6:34 p.m. and adjourned at 6:58 p.m. CALL REGULAR SESSION TO ORDER-7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. Councilmember Alan McGraw was absent Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS Kenneth Snyder, 4406 North Ridge Acres,Austin expressed his concerns regarding the water and wastewater situation in Northridge Acres which is located outside the city limits of Round Rock. Chris Remmert, 3708 Royal Troon Cove, expressed his concern regarding the proposed expansion for the Dell Diamond expansion. Scott Johnson, 1135 Barton Hills Drive,Austin,provided information concerning the 2003 Central Texas Clean Air Force Lawnmower Project,which is encouraging people to switch • from a-gasmower to an electric mower. PROCLAMATIONS:. 8.A. Consider a proclamation recognizing the 60th Anniversaryof the Williamson County and Cities Health District. Mayor Maxwell read the appropriate proclamation and presented to Peggy Fink of the Williamson County and Cities Health District. Whereas, the Williamson County& Cities Health District has served as the Public Health Department in Williamson County since 1943; and 2 APRIL 24,2003 Whereas, individuals and families in Round Rock are entitled to healthy lives and healthy communities; and Whereas, the Williamson County&Cities Health District is focused and committed to work with community partners to promote and protect the health of the residents of Williamson County through physical activity and good nutrition; and Whereas, in celebration of Williamson County& Cities Health District's 60th Anniversary the community is invited to participate in a fun bike ride on May 4 to experience the physical activity, camaraderie and joys of riding a bike, Now, Therefore, I,Nyle Maxwell,Mayor, of the City of Round Rock, Texas, do hereby recognize the Williamson County& Cities Health District for the 60 years of Public Health Service it has given to this community and proclaim.May 4, 2003 as "60 And Still Pedaling Day" in the City of Round Rock and urge all citizens to utilize the bicycle routes mapped out by the Williamson County&Cities Health District to encourage safe bike riding. Proclaimed this 24th day of April 2003. 8.B. Consider a proclamation proclaiming May as Hispanic Cultural Awareness Month. Mayor Maxwell read the appropriate proclamation and presented it to representatives of El Amistad Club. Whereas,through the years,Hispanic Americans have played an integral role in the Nation's success in science,the arts,business, government, and every other field of endeavor, and their talent, creativity, and achievements continue to energize our national life; and Whereas, a number of events will bring focus to the very large and proud Hispanic culture during the month of May; and Whereas,El Amistad Club will help contribute to this cultural awareness by conducting its very successful "Fiesta Amistad"during the Memorial Day weekend; and Whereas,this Fiesta is arguably the biggest annual draw of individuals to Round Rock among the many festivals conducted in all of Williamson County, Now Therefore, I,Nyle Maxwell,Mayor of the City of Round Rock, Texas do hereby proclaim the month of May as "Hispanic Cultural Awareness Month" in the City of Round Rock and urge everyone to partake in the many cultural events that will be held throughout the month. Proclaimed this 24th day of April 2003. PRESENTATIONS: 9.A.1. Consider a presentation regarding the proposed expansion of the Dell Diamond/ United Heritage Center Complex. Jim Nuse, City Manager made the staff presentation. The City of Round Rock owns the Convention Center/Stadium Complex. It is leased to the Round Rock Express Baseball Club (RREBC) for 38 years. The City contributed$7.2 million towards the initial project and RREBC contributed nearly$17.5 million. Subsequent to the initial construction,RREBC has performed nearly$4 million in improvements to the facility without participation from the City. RREBC wishes to further improve the complex by constructing: a • Home Run Porch;Upper Concourse; East Entrance Gate and six additional Sky Boxes. The estimated cost of these improvements is $1.6 million. RREBC desires that the City participate in these improvements by using up to $800,000 of the cash reserve from the Hotel Occupancy Tax. Reid Ryan outlined the Masterplan for the baseball team and expansion plan for the Dell Diamond. 3 APRIL 24,2003 Steve Sheets outlined the Memorandum of Understand. He added that if approved this memorandum would not tie the City to anything at this point. It will allow staff to proceed with drafting a contract that will be brought back to the Council for consideration. David Kautz outlined the source of funds and the type of uses for the Hotel Occupancy Tax. He added that the requested purpose is an applicable use and funds are available. • 9.B.1. Consider a presentation from the Capital Area Transportation Coalition(CATC) regarding the Central Texas Turnpike Proiect(CTTP). Tom Word, Chief of Public Works Operations introduced representatives of the Capital Area Transportation Coalition(CATC) Terry Bray and Bruce Byron. They were present to thank the Council for all their support concerning the beginning of the construction of Loop 1 North and SH 45 North and presented to the Council a memento commemorating the occasion. PUBLIC HEARINGS: 10.A.1. Consider public testimony regarding amending Chapter 11 of the Round Rock Code of Ordinances (1995 Edition), adding subsection 11.304.1,providing for administrative adjustments to property subject to condemnation. Joe Vining,Planning Director made the staff presentation. The Planning and Zoning Commission held a public hearing and recommended • this amendment. This amendment will allow for administrative adjustments to eliminate the economic impact of an existing business becoming non-conforming due to condemnation of part of a property. This is expected to reduce the cost of property acquisition. Mayor Maxwell 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 and item 13.C.3. was removed from the consent agenda. *12.A. Consider approval of the City Council minutes for the April 10, 2003 Executive • Session and Regular Session. *13.C.3. Consider an ordinance changing the name of Plantation Drive to North Plantation Drive and South Plantation Drive. (First Reading) This item was withdrawn from the consent agenda at the request of staff. *13.D.1. Consider an ordinance amending Chapter 5 of the Round Rock Code of Ordinances (1995 Edition), adding subsection 5.104,regulating emergency access systems. (Second Reading) 4 APRIL 24,2003 *13.D.2. Consider an ordinance amending Chapter 5 of the Round Rock Code of Ordinances (1995 Edition), adding subsection 5.103,regulating fire lanes. (Second Reading) *13.E.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest II,Village I subdivision. (Second Reading) *13.E.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma, Sections 4 &5 subdivisions. (Second Reading) • *13.E.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Ryan's Crossing, Sections 5 & 6 subdivisions. (Second Reading) *13.E.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Ryan's Crossing, Section 4 subdivision. (Second Reading) *13.E.5. Consider an ordinance replacing_yield signs with stop signs at the intersection of Wayne Drive and Gregson Drive. (Second Reading) *13.E.6. Consider an ordinance designating the intersection of Leah Lane and Rusk Road as an all-way stop intersection. First Reading) *13.F.L Consider an ordinance amending Chapter 6, Section 6.300 of the Round Rock Code of Ordinances (1995 Edition), amending regulations for the protection of public water wells. (Second Reading) *14.A.1. Consider a resolution authorizing the closing of streets on ME 4, 2003 for Shoes for Austin 5K benefit run. *14.B.1. Consider a resolution authorizing the Mayor to execute an Amendment to the Schedules of the Software License and Services Agreement with PeopleSoft USA, Inc. for software support services and periodic software updates. *14.C.1. Consider a resolution authorizing the Mayor to execute a Release of Lien for property located at Lot 62,Block B, Greenslopes at Lake Creek, Section 7. *14.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 with Baker-Aicklen&Associates, Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane. • *14.E.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with RJN Group, Inc. for the 2002-2003 Wastewater Collection System Rehabilitation Project—Basins OC31-Z and CC36-Z. MOTION: Councilmember Coe moved to approve all of the remaining items on the consent agenda. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson 5 APRIL 24,2003 Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *12.A. Consider approval of the City Council minutes for the April 10 2003 Executive Session and Regular Session. This item was approved under the consent agenda at the request of staff. ORDINANCES: 13.A.1. Consider an ordinance amending Chapter 8, Section 8.615 of the Round Rock Code of Ordinances (1995 Edition),referencing the Parks Improvement and Acquisition Fund. (First Reading) Rick Atkins,Assistant Parks and Recreation Director made the staff presentation. The Park Land Dedication Ordinance was established in 1979. That ordinance identified the account to deposit funds in as the Park Fund. The account that was set up is actually named the Parks Improvement and Acquisition account. This revision corrects the name of the account in the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8, SECTION 8.615, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO REFERENCE THE PARKS IMPROVEMENT AND ACQUISITION ACCOUNT; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Pitt moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. MOTION: Councilmember Gallahan moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe '6 APRIL 24, 2003 Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 13.B.1. Consider an ordinance adopting the Parks Improvement and Acquisition Fund Budget for FY 2002-2003. (First Reading) Rick Atkins,Assistant Parks and Recreation Director made the staff presentation. This fund was established to serve as a depository for donations of fees,which are earmarked for specific projects. This fund is funded through donations, developer contributions, sport facility capital improvement fees and Interest Income. It will allow the Parks and Recreation staff to make capital improvements with funds other than tax dollars or bond monies. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE PARKS IMPROVEMENT AND ACQUISITION FUND FOR THE 2002-2003 FISCAL YEAR. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight • Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 13.C.1. Consider an ordinance amending Chapter 1 of the Round Rock Code of Ordinances (1995 Edition), adding Section 1.3200, establishing the Capital Improvements Advisory Committee. (First Reading) Joe Vining,Planning Director made the staff presentation. Section 395.058 of the Local Government Code requires the Council to appoint a Capital Improvements Advisory Committee composed of not less than five members,prior to the adoption of land use assumptions, a capital improvements plan and impact fees. The Code authorizes the Planning and Zoning Commission to act as the advisory committee if the commission includes at least one representative of the real estate, development, or building industry who is not a city employee or official. The current Planning and Zoning Commission meets the criteria. The Local Government Code stipulates that if an impact fee is to be applied in the extraterritorial jurisdiction, the advisory committee membership must include a representative from that area. The Local Government Code also requires the Capital Improvements Advisory Committee to be assigned the duties specified by Section 395.058 (c) of 7 APRIL 24, 2003 the Texas Local Government Code. The current water and wastewater impact fees are being reviewed at the request of the Home Builders Association of Greater Austin. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, ADDING SECTION 1.3200, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ESTABLISHING THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE; AND PROVIDING FOR A • SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem Nielson moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the • ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell, Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 13.C.2. Consider an ordinance amending Chapter 11 of the Code of Ordinances (1995 Edition), adding subsection 11.304.1,providing for administrative adjustments to property subject to condemnation. (First Reading) A public hearing was held for this item earlier in the meeting. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 11, ADDING SUBSECTION 11.304.1, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROVIDE FOR ADMINISTRATIVE ADJUSTMENTS TO PROPERTY SUBJECT TO CONDEMNATION; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight .8 APRIL 24,2003 Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes:. None Absent: Councilmember McGraw ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem Nielson moved to dispense with the second reading of the ordinance•with the unanimous consent of all the Councilmembers present and adopt the • ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. *13.C.3. Consider an ordinance changing the name of Plantation Drive to North Plantation Drive and South Plantation Drive. (First Reading) This item was withdrawn from the agenda. *13.D.1. Consider an ordinance amending Chapter 5 of the Round Rock Code of Ordinances (1995 Edition), adding subsection 5.104,regulating emergency access systems. • (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5, CODE OF ORDINANCES (1995 EDITION) OF THE CITY OF ROUND ROCK, TEXAS BY ADDING A NEW SECTION 5.104, "EMERGENCY ACCESS SYSTEMS," REQUIRING THE INSTALLATION OF OPTICAL DETECTION DEVICES ON ALL LIMITED ACCESS 'GATES FOR RESIDENTIAL DEVELOPMENTS; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.D.2. Consider an ordinance amending Chapter 5 of the Round Rock Code of Ordinances (1995 Edition), adding subsection 5.103,regulating fire lanes. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5, CODE OF ORDINANCES 1995 EDITIO • CITY OF ROUND ROCK, TEXAS, BY ADDING A NEW SECTION 5.103, "FIRE LANES", PROVIDING FOR AMENDMENTS TO THE INERNATIONAL FIRE CODE REGULATING FIRE LANES WITHIN THE CITY LIMITS OF THE CITY OF ROUND ROCK; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.E.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest II, Village I subdivision. (Second Reading) 'This item was approved under the consent agenda. 9 APRIL 24, 2003 ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF COOL RIVER LOOP AND FERNSPRING DRIVE,FERNSPRING DRIVE AND LAKE FOREST DRIVE, AND LAKE FOREST DRIVE AND GATTIS SCHOOL ROAD AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS *13.E.2. Consider an ordinance authorizing the placement of stop signs at various • intersections in the Sonoma Sections 4 & 5 subdivisions. Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF PARADISE RIDGE DRIVE AND FOREST CREEK DRIVE, FOPPIANO LOOP AND PARADISE RIDGE DRIVE, HOMEWOOD CIRCLE AND HOMEWOOD CIRCLE, AND HOMEWOOD CIRCLE AND VIA SONOMA TRAIL AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.E.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Rvan's Crossing, Sections 5 & 6 subdivisions. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF SANDY KOUFAX LANE AND MICKEY MANTLE PLACE, CAMPANELLA DRIVE AND MICKEY MANTLE PLACE, JACKIE ROBINSON PLACE AND SANDY KOUFAX LANE, TY COBB PLACE AND SANDY KOUFAX LANE, WRIGLEY LANE AND TY COBB PLACE, JACKIE ROBINSON PLACE AND WRIGLEY . LANE, WRIGLEY LANE AND MICKEY MANTLE PLACE, CAMPANELLA COVE AND CAMPANELLA DRIVE, YOGI BERRA WAY AND MICKEY MANTLE PLACE, YOGI BERRA COVE AND YOGI BERRA WAY, YOGI BERRA WAY AND NOLAN RYAN BOULEVARD, NOLAN RYAN BOULEVARD AND ROD CAREW DRIVE, CY YOUNG COURT AND ROD CAREW DRIVE, MICKEY MANTLE PLACE AND ROD CAREW DRIVE, SOSA COVE AND ROD CAREW DRIVE, TY COBB PLACE AND ROD CAREW DRIVE, AND LOU GEHRIG LANE AND ROD CAREW DRIVE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.E.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Ryan's Crossing, Section 4 subdivision. (Second Reading) This item was approved under the consent agenda. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF FENWAY PARK COURT AND WILLIE MAYS LANE, TOM SEAVER PLACE AND WILLIE MAYS LANE, REGGIE JACKSON TRAIL AND WILLIE MAYS LANE, WHITEY FORD WAY AND WILLIE MAYS LANE, WHITEY FORD WAY AND MICKEY MANTLE PLACE, AND WILLIE MAYS LANE AND MICKEY MANTLE PLACE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 10 APRIL 24, 2003 *13.E.5. Consider an ordinance replacing yield signs with stop signs at the intersection of Wayne Drive and Greyson Drive. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING YIELD SIGNS WITH STOP SIGNS AT THE. INTERSECTION OF WAYNE DRIVE AND GREYSON • DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.E.6. Consider an ordinance designating the intersection of Leah Lane and Rusk Road 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 LEAH LANE AND RUSK ROAD AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A- SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.F.1. Consider an ordinance amending Chapter 6, Section 6.300 of the Round Rock Code of Ordinances (1995 Edition), amending regulations for the protection of public water wells. (Second Reading) This item was approved under the consent agenda. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.300 CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO INCLUDE THE REGULATION OF PUBLIC WATER WELLS AND COMPLY WITH CURRENT STATE LAWS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. RESOLUTIONS: *14.A.1. Consider a resolution authorizing the closing of streets on MU 4, 2003 for Shoes for Austin 5K benefit run. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, Shoes for Austin has requested that the streets along the following route be closed from 6:00 o'clock a.m. until 9:30 o'clock a.m. on May 4, 2003 for a Shoes for Austin 5-K benefit run: 1) Kouri Avenue south from the private drive-through that connects it with La Frontera to Sundance Parkway, • 2) Sundance Parkway west from its intersection with Kouri Avenue to Hester's Crossing, 3) Hester's Crossing west from its intersection with Sundance Parkway to CR 172, 4) Chisholm Valley Drive east from its intersection with CR 172 to Frontier Trail, 5) Frontier Trail south from its intersection with Chisholm Valley Drive to Old West Drive, 6) Old West Drive east from its intersection with Frontier Trail to Rawhide Drive, 7) Rawhide Drive south from its intersection with Old West Drive to Hester's Crossing, 8) Hester's Crossing west from its intersection with Rawhide Drive to Kouri Avenue, and 11 APRIL 24, 2003 9) Kouri Avenue south from its intersection with Hester's Crossing to the private drive-through connecting Kouri Avenue and La Frontera Boulevard, 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 public streets along the run route be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by • the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of April, 2003. *14.B.1. Consider a resolution authorizing the Mavor to execute an Amendment to the Schedules of the Software License and Services Agreement with PeopleSoft USA Inc. for software support services and periodic software updates. 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 continue support services and to provide periodic software updates, and WHEREAS, PeopleSoft USA, Inc. has submitted an Amendment to the Schedules of the Software License and Services Agreement to continue support services and to include periodic software updates,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City an Amendment to the Schedules of the Software License and Services Agreement, a copy of said Amendment 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 24th day of April, 2003. *14.C.1. Consider a resolution authorizing the Mavor to execute a Release of Lien for property located at Lot 62,Block B, Greensloves at Lake Creek, Section 7. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, on June 25, 1999, Brian N. Fogle ("Homeowner") executed a Real Estate Lien Note to the City of Round Rock in connection with the Community Development Block Grant Home Ownership Assistance Program, and • WHEREAS, the Homeowner has repaid that prorated portion of the down payment assistance funds as required by the Note, and WHEREAS, the City now wishes to release the lien,Now Therefore BE IT RESOLVED BY 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 Release of Lien to Brian N. Fogle, a copy of said Release of Lien 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 24th day of April, 2003. 1: 2; APRIL 24,2003 *14.D.1. Consider a resolution authorizing the Mavor to execute Supplemental Agreement No. 4 with Baker-Aicklen&Associates, Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into an agreement for engineering services ("Agreement") with Baker-Aicklen & Associates, Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted Supplemental Agreement No. 4 to the Agreement for Engineering Services for a change in scope of services and to extend the contract period, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 4 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. 4 to the Agreement for Engineering Services with Baker-Aicklen &Associates, Inc., a copy of same 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 24th day of April, 2003. *14.E.1. Consider a resolution authorizing the Mavor to execute an Agreement for • Engineering Services with RJN Group, Inc. for the 2002-2003 Wastewater Collection System Rehabilitation Proiect—Basins OC31-Z and CC36-Z. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of the 2002-2003 Wastewater Collection System Rehabilitation Project - Basins.0031-Z and CC36-Z, and WHEREAS, RJN Group, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with RJN Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with RJN Group, Inc. for the design of the 2002-2003 Wastewater Collection System Rehabilitation Project - Basins OC31-Z and CC36-Z, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of April 2003. 14.F.1. Consider resolution authorizing the Mayor to execute a Memorandum Of Understanding between the City of Round Rock and the Round Rock Baseball Club regarding . . _ 13C APRIL 24,2003 the proposed expansion of the Dell Diamond/United Heritage Center Complex. A presentation was made on this item earlier in the meeting. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") and Round Rock Baseball, Inc. ("RRB") are parties to that one certain Convention Center.Complex Lease Agreement("Lease"), and WHEREAS, the Lease covers the land and improvements called the Dell Diamond / • United Heritage Center Complex ("Complex"), and WHEREAS, the Round Rock Express Double A baseball team utilizes the Dell Diamond portion of the Complex for its home games, and WHEREAS, during the first three years of its existence, the Express has broken the season attendance records of all Double A teams, with an average paid attendance of 9,574 per game in a stadium with a seating capacity of 7,816, and WHEREAS, the Complex is used virtually every day for conventions, meetings, trade shows, exhibitions, concerts, and similar uses which serve to encourage tourism in the City and to promote the arts, and WHEREAS, due to the overwhelming success of the Complex, the City and RRB wish to consider the expansion and upgrading of the Complex to further the tourism industry in the City, and WHEREAS, the City and RRB wish to enter into a Memorandum of Understanding Regarding the Proposed Expansion of the Dell Diamond / United Heritage Center Complex for the purpose of outlining the parties mutual intent and understandings with respect to the proposed expansion,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute_ on behalf of the City a Memorandum of Understanding Regarding the Proposed Expansion of the Dell Diamond / United Heritage Center Complex, a copy of same 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 24th day of April 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan • Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. APPOINTMENTS: 15.A. Consider appointment of Ad Hoc Members for the Capital Improvements Advisory Committee. Mayor Maxwell opened the floor for nominations. Jim Boles and Mike Swayze submitted letters of interest to serve on this committee. 14. APRIL 24,2003 MOTION: Mayor Pro-tem Nielson moved to appoint Jim Boles and Mike Swayze to the Capital Improvements Advisory Committee by acclamation. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan • Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. 15.B. Consider appointment of a non-voting member, representing the HomeBuilders Association of Greater Austin,to the Capital Improvements Advisory Committee. Joe Vining, Planning and Community Director made the staff presentation. Impact fees are charged against new development in order to recover the cost of capital improvements or facility expansions necessitated by the development. Because of changing economics and the cost to meet future needs, these fees must be updated on a regular basis to reflect current costs of the City's utility for infrastructure to meet current and future demands. Since impact fees affect homebuilders,this appointment will allow the homebuilders to provide.direct input into the process. The Homebuilders Association is recommended the appointment of Mr. Timothy R. Weston, P.E. as their representative. MOTION: Councilmember Coe moved to appoint Timothy R. Weston as a non-voting member to the Capital Improvements Advisory Committee by acclamation. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw ACTION: The motion carried unanimously. COUNCIL COMMENTS: None • ADJOURNMENT: There being no further testimony, the meeting adjourned at 8:47 p.m. R � ctfully submitted, , Christine R. Martinez, City Secretary 15, MAY 8,2003 The Round Rock City Council met in Executive Session and Regular Session on Thursday, May 8,2003, in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE SESSION TO ORDER—6:30 P.M. ROLL CALL: Those members present were Mayor Pro-tem Tom Nielson, Councilmember McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, • Councilmember Isabel Gallahan and Councilmember Gary Coe. Mayor Nyle Maxwell arrived during item 3.A. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 051.072 Government Code,related to the purchase of right-of-way from Nathan and Kent Leistico for the Double Creek Drive proiect.. 3.B. Executive Session as authorized by 051.071 Government Code,related to pending litigation,to wit: City of Round Rock, Texas vs. Ronald D. Lutz and wife, Sara Lutz, regarding the purchase of right-of-way for the Double Creek Drive project. The Council entered into Executive Session at 6:34 p.m. and adjourned at 6:55 p.m. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Isabel Gallahan and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Pat Patterson, 1701 S. Mays, Suite H,noted that volunteer week was April 22—April 26, 2003. She thanked the Council and staff for all of their support of the Volunteer Center. Kenneth Snyder,4406 North Ridge,Austin, expressed his concern regarding the water and wastewater situation in North Ridge Acres. Ben Hiott, 402A Palm Valley Boulevard, expressed his concern regarding the lack of • public transportation in the City. He informed the Council that his company,Airport Flash Transportation Services, can help fill the need for public transportation services to the citizens. Karen Thompson, 7203 S. Ute Trail,Austin,who wrote Historical Round Rock, Texas. She announced that her new book,Round Rock, Texas from Cowboys to Computers, has been completed and the book can be purchased at the Round Rock Chamber of Commerce, Barnes and Noble in Round Rock, or.Adams Gift Shop. 16. MAY 8, 2003 Ruth Koughan, 211 Round Rock Avenue, Chairman of the Recount Committee read the following report: "Mayor and Councilmembers: The Election Recount Committee met on Wednesday, May 7, 2003 at 9:00 a.m. to perform a recount of ballots received from the May 3rd City Council election. The meeting took place in the Juvenile Justice Center in Georgetown. Place 5 candidates Isabel Gallahanand Scott • Rhode were present to observe the proceedings. Members of the Recount Committee were Shelley Gonzales, Joanne Land,Bob Tagge, Tommi Urbanski,Frank Hecker,Missy Watson, Sandy Talton, Chris Couture,Dina Schaefer, and James Williams. All ballots that were cast during the early voting period and on May 3rd were unsealed, individually inspected,re-counted and compared to original election results. The results from,the recount are as follows: Isabel Gallahan received 1,050 votes+1 vote from the recount for a total of 1,051 votes Scott Rhode received 1,059 votes—unchanged", Mayor Maxwell thanked Ms. Koughan and members of the Recount Committee for their work. CANVASS MAY 3, 2003 CITY COUNCIL ELECTION: Mayor Maxwell asked • Councilmember Knight, Councilmember Coe and City Secretary Christine Martinez to recess to the Executive Chamber to conduct the canvass of the May 3, 2003 Election. Councilmember Coe gave the following report on the results of the May 3, 2003 Election: Council, Place 3 Carrie Pitt - 1,557 votes - elected (No opponent) Council,Place 5 Scott Rhode - 1,059 votes - elected Isabel Gallahan - 1,051 votes Total votes cast: 2,137 • DECLARE MAY 3, 2003 CITY COUNCIL ELECTION RESULTS OFFICIAL MOTION: Councilmember Coe moved to declare the results of the May 3, 2003 Election official. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan 17 MAY 8,2003 Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. PROCLAMATIONS: 10.A Consider a proclamation recognizing May 11-17, 2003 as National Police Week. • Mayor Maxwell read the appropriate proclamation and presented it to members of the Citizens Police Academy Alumni Association. Whereas,the U.S. Congress and President Bush have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as National Police week; and Whereas the members of the Round Rock Police Department play an essential role in safeguarding the rights and freedoms of Round Rock citizens; and Whereas, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of peace officers, and that members of the Round Rock Police Department recognize their duty to serve the people by safeguarding life and property,by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and Whereas, the men and women of the Round Rock Police Department unceasingly provide a vital public service; Now, Therefore, I,Mayor Nyle Maxwell, call upon all citizens of Round Rock and all . patriotic, civic and educational organizations to observe the week of May 11 through May 17, 2003, as Round Rock Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers,who,by their faithful and loyal devotion to their responsibilities,have rendered a dedicated service to their communities and, in so doing,have established for themselves an enviable and enduring reputation for • preserving the rights and security of all citizens. I further call upon all citizens of Round Rock to observe Thursday, May 15, 2003, as Peace Officers' Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. Proclaimed this 8th day of May, 2003. 10.B. Consider a proclamation recognizing May 18-24, 2003 as National Public Works Week. Mayor Maxwell read the appropriate proclamation and presented it to Tom Word, Chief of Public Works Operations. Mr. Word thanked the Council and outlined the services that the Public Works Department provides to the citizens of Round Rock. Whereas,public works services provided in our community are an integral part of our citizens' everyday lives; and Whereas, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection, and Whereas, the health, safety,' and comfort of this community greatly depend on these • facilities and services; and Whereas, the quality and effectiveness of these facilities, as well as their planning, design, and construction are vitally dependent upon the efforts and skill of public works officials. The efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude.and,understanding of the importance of the work they perform; Now, Therefore, I, Nyle Maxwell, Mayor, of the City of Round Rock, Texas, do hereby proclaim the week of May 18-24, 2003, as "National Public Works Week" in Round Rock, and call upon all citizens and civic organizations to recognize the contributions that public works officials make everyday to our health, safety, and comfort. Proclaimed this 8th day of May, 2003. PRESENTATIONS: 1 MAY 8, 2003 l l.A.1. Consider a presentation regarding receipt of the Distinguished Budget Presentation Award by the City of Round Rock. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. The City of Round Rock received the Government Finance Officers Association of the United States and Canada Distinguished Budget Presentation Award for its budget. Receipt of this award represents a significant achievement by the City of Round Rock. It reflects commitment of the City 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 presentations. These guidelines are designed to assess how well the City's budget serves as a policy document, a financial plan, an operations guide and a communications device. Budget documents must be rated"proficient"in all four categories to receive the award. The City has won this award every year since 1987. 113.1. Consider a presentation concerning a proposal to expand Old Settlers Park at Palm Valley. Sharon Prete,Director of Parks and Recreation made the staff presentation. Ms. Prete outlined the history of Old Settlers Park at Palm Valley. She also noted the importance of acquiring additional tracts of land for the Park. Ms. Prete outlined the following: • Last Contiguous Properties • • Arterial B (11 acres) • Infrastructure • Roads • Utilities • Reclaimed water • Palm Valley Plan • Tourism Value • Family Aquatics Center • Cricket Field CONSENT AGENDA: All items listed with an asterisk(*) are considered to be routine by the City Council and were enacted by one motion. There was no separate discussion of these items. Due to misnumbering on the consent agenda list, item 14B1 which should have been 14A1, 14D1 which should have been 1401, 14D2 which should have been 14C2 and 14D3 which should have been 140 were removed from the consent agenda and addressed in its normal sequence on the • regular agenda. *13.A. Consider approval of the City Council minutes for the April 24, 2003 Executive Session and Regular Session. *14.B.1. Consider an ordinance adopting the Parks Improvement and Acquisition Fund Budget for FY 2002-2003. (Second Reading) This item was removed from the consent agenda. 19, MAY 8, 2003 *14.D.1. Consider an ordinance designating the intersection of Leah Lane and Rusk Road as an all-wav stop intersection. (Second Reading) This item was removed from the consent agenda. *14.D.2. Consider an ordinance designating the intersection of Harvey Penick Drive and Lord Byron Circle/Norman Loop as an all-way stop intersection. (First Reading) This item was removed from the consent agenda. *14.D.3. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances (1995 Edition) amending the school speed zone on Harvey Penick Drive. (First Reading) This item was removed from the consent agenda. *15.A.1. Consider a resolution authorizing the closing of a portion of Lake Forest Drive on May 18, 2003 for the Lake Forest Neighborhood community pool opening party. *15.B.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Kenneth and Rebecca Walker for the purchase of right-of-way for the CR 122 proiect. *15.C.1. Consider a resolution authorizingthe he City Manager to issue a purchase order to Little Tykes Commercial Play Systems for the Kinningham Park Playground Improvement Project.*15.C.2. Consider a resolution authorizing the City Manager to issue a purchase order to Little Tykes Commercial Play Systems for the Lakeview Playground at Old Settlers Park at Palm Valley Improvement Project. *15.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Agreement for Engineering Services with S.D. Kallman, L.P. for the Westinghouse Wastewater Interceptor Proiect. *15.E.3. Consider a resolution authorizing the Mayor to execute a Release of Easement from Texas Crushed Stone for the City's Water Treatment Plant. MOTION: Councilmember Pitt moved to approve all of the remaining items on the consent agenda. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. APROVAL OF MINUTES 20 MAY 8, 2003 *13.A. Consider approval of the City Council minutes for the Apri124, 2003 Executive Session and Regular Session. This item was approved under the consent agenda. ORDINANCES: *14.A.1. Consider an ordinance adopting the Parks Improvement and Acquisition Fund Budget for FY 2002-2003. (Second Reading) This item was removed from the consent agenda to be addressed at this time. Sharon Prete,Parks and Recreation Director made the staff • presentation. This fund was established to serve as a depository for donations of fees, which are earmarked for specific projects. It is funded through donations, developer contributions, sport facility, capital improvement fees and Interest Income. This fund will allow the Parks and Recreation staff to make capital improvements with funds other than tax dollars or bond monies. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8, SECTION 8.615, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO REFERENCE THE PARKS IMPROVEMENT AND ACQUISITION ACCOUNT; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 14.A.2. Consider an ordinance imposing a statutory charge on electric utilities pursuant to the Texas Tax Code and calculated and paid pursuant to the Texas Utility Code. (First Reading) David Kautz, Assistant City Manager/Chief of Operations made the staff presentation. The Texas Tax Code permits cities to impose a fee on any electric utility that uses the public right of way in the City as compensation for that use. While the City's current ordinance refers to TXU, now Oncor, and generally to "electric utilities", changing the ordinance to refer to Oncor and to all electric "transmission and distribution utilities" clarifies the City's authority for • Y Y unilaterally imposing the fee on any type of electric utility,whether it is an investor owned utility, electric cooperative or municipal that uses City rights of way. ORDINANCE NO. AN ORDINANCE SUBSTITUTING AND REPLACING ORDINANCE NO. G-01-11-20-12C1; RELATING TO ELECTRIC FRANCHISE FEE PAYMENTS AS CALCULATED AND PAID UNDER TEXAS UTILITY CODE, §33.008 FOR EXISTING FRANCHISEES; AND IMPOSING A STATUTORY CHARGE PURSUANT TO TEXAS TAX .: 21 MAY 8,2003 CODE SEC.181.025(c); CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 14.B.1. Consider an ordinance amending Chapter 1 of the Round Rock Code of Ordinances (1995 Edition) amending library fees and fines. (First Reading) ..Dale Ricklefs, Library Director made the staff presentation. The proposed fee changes closely reflect the costs to repair and replace damaged items and to cover costs for the public meeting rooms. It also formalizes the practices of allowing card holders from other libraries to use the City's library through the TexShare card holder program. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1902, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE LIBRARY FEES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 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 Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. *14.C.1. Consider an ordinance designating the intersection 'of Leah Lane and Rusk • Road as an all-way stop intersection. Second Reading) This item was removed from the consent agenda to be addressed at this time. Tom Word, Chief of Public Works Operations made the staff presentation. Rusk Road is being reconstructed north of this intersection and will be connected to Forest Creek Drive. The additional traffic that will flow through this intersection, as a result of the new construction, warrants the establishment of the all way stop condition. This intersection is also on the pedestrian school route for the Rolling Ridge Subdivision. 22 MAY 8,2003 ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF LEAH LANE AND RUSK ROAD AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Coe seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. *14.C.2. Consider an ordinance designating the intersection of Harvey Penick Drive and Lord Byron Circle/Norman Loop as an all-way stop intersection. (First Reading) This item was removed from the consent agenda to be addressed at this time. Tom Word, Chief of Public Works Operations made the staff presentation. Due to the sight obstruction caused by the curve on Harvey Penick Drive westbound, an all way stop is needed to improve safety near the school and surrounding homes. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF HARVEY PENICK DRIVE AND LORD BYRON CIRCLE/NORMAN LOOP AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • *14.C.3. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances (1995 Edition) amending the school speed zone on Harvey Penick Drive. (First Reading) This item was removed from the consent agenda to be addressed at this time. Tom Word, Chief of Public Works Operations made the staff presentation. The existing school speed zone on Harvey Penick Dirve was established along the Forest Creek Elementary street frontage several years ago. At the time,Harvey Penick Drive extended only one block beyond 2 MAY 8, 2003 the school, and very few houses existed. Since the adoption of the initial school speed zone, Harvey Penick Drive has been extended several times, and many houses are now completed along this street. The increase in school pedestrian activity, and the increase in traffic along this street warrants the extension at the school speed zone to the intersection with Norman Loop/Lord Byron Circle. ORDINANCE NO. AN,ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, DESIGNATING A PORTION OF HARVEY PENICK DRIVE AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • RESOLUTIONS: *15.A.1. Consider a resolution authorizing the closing of a portion of Lake Forest Drive on May 18, 2003 for the Lake Forest Neighborhood community pool opening party. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Lake Forest Neighborhood has requested that Lake Forest Drive from just south of its intersection with Bluffwood Place to a point 360 feet south of that intersection be closed from 11:30 o'clock a.m. until 4:00 o'clock p.m. on May 18, 2003 for a community pool opening 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 Lake Forest Drive be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by • the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 8th day of May, 2003. *15.B.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Kenneth and Rebecca Walker for the purchase of right-of-way for the CR 122 project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.09,1 acre tract of land for additional right-of- way for the CR 122 Project, and 24 MAY 8,2003 WHEREAS, Kenneth and Rebecca Walker, 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 Kenneth and Rebecca Walker, 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 subjectmatter hereof 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 May, 2003. 15.B.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Nathan and Kent Leistico for the purchase of right-of-way for the Double Creek Drive rp oject. Steve Sheets, City Attorney made the staff presentation. This contract with Nathan and Kent Leistico is for right-of-way acquisition for the Double Creek Drive project. The total cost for this project would be $155,826.50. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.554 acre tract of land for additional right-of- way for the Double Creek Drive Project, and WHEREAS, Nathan and Kent Leistico, 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 Nathan and Kent Leistico, 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 8th day of May, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 153.3. Consider a resolution authorizing the settlement of the lawsuit styled City of Round Rock, Texas vs. Ronald D. Lutz and wife, Sara Lutz,regarding the purchase of right-of- 2 ; MAY 8,2003 wav for the Double Creek Drive project. Steve Sheets, City Attorney made the staff presentation. This settlement with Mr. and Mrs. Lutz is for right-of-way acquisition for the Double Creek Drive project. The cost for this project is $15,960.00. RESOLUITON NO. WHEREAS the Cit Council City upon consideration of the matter, has determined that there exists a public necessity for the welfare of the City of Round Rock ("City") and the public-at-large to construct and maintain improvements to Double Creek Drive and to perform associated public purposes ("Project"), and WHEREAS, the City has a need to acquire approximately .253 acres of land in Williamson County, Texas, in fee simple to enable the City to complete the Project, and WHEREAS, a suit to condemn this property is currently pending in the County Court at Law No. 2 in Williamson County, Texas under cause number 02-0029-CC2 and styled the City of Round Rock, Texas v. Ronald D. Lutz and wife, Sara Lutz, and WHEREAS, since the institution of this action the Defendants in the case have expressed a willingness to settle the condemnation proceedings for the amount of$15,960,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposed settlement amount of $15,960 is a fair and equitable amount for the settlement of the condemnation case, and BE IT FURTHER RESOLVED That the Mayor and/or the city attorney shall be authorized to execute, on behalf of the City of Round Rock the necessary documents to effectuate the settlement of this condemnation case for this amount. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 May, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • 15.B.4. Consider a resolution authorizing the Ma or to execute a letter of agreement with Paul Hornsby& Company for appraisal services for right-of-way acquisitions for the Highway 79 project. Steve Sheets, City Attorney made the staff presentation. These appraisal services are necessary for the acquisition of right of way for the Highway 79 project. The cost of the service would be $45,500.00. RESOLUTION NO. 2 MAY 8,2003 WHEREAS, the City of Round Rock desires to retain professional appraisal services regarding the acquisition of right-of-way for the Highway 79 Project, and WHEREAS, Paul Hornsby & Company has submitted a letter of agreement to provide said services, and WHEREAS, the City Council desires to enter into said letter of agreement with Paul Hornsby&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 letter of agreement with Paul Hornsby &Company for appraisal services regarding the acquisition of right-of-way for the Highway 79 Project, a copy of said letter of agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution-and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of May, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. *15.C.1. Consider a resolution authorizing the City Manager to issue a purchase order to Little Tykes Commercial Play Systems for the Kinningham Park Playground Improvement Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has a need for the purchase of playground equipment for the Kinningham Park Playground Improvement Project, and WHEREAS, the City has entered into an Interlocal Participation Agreement with the Texas Local Government Purchasing'Cooperative to facilitate compliance with state bidding requirements, and WHEREAS, the Texas Local Government Purchasing Cooperative has contracted with • Little Tykes Commercial Play Systems to provide playground equipment to participating local governments,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to Little Tykes Commercial Play Systems for the purchase of playground equipment for the Kinningham Park Playground Improvement Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as'required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of May, 2003. MAY 8, 2003 *15.C.2. Consider a resolution authorizing the City Manager to issue a purchase order to Little Tykes Commercial Play Systems for the Lakeview Playground at Old Settlers Park at Palm Valley Improvement Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has a need for the purchase of playground equipmentment for the Lakeview Playground at OldSettlers at Palm Valley Playground Improvement • Project, and WHEREAS the Cit has entered into an Interlocal Participation Agreement with the Y p �' Texas Local Government Purchasing Cooperative to facilitate compliance with state bidding requirements, and WHEREAS, the Texas Local Government Purchasing Cooperative has contracted with Little Tykes Commercial Play Systems to provide playground equipment to participating local governments,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to Little Tykes Commercial Play Systems for the purchase of playground equipment for the Lakeview Playground at Old Settlers at Palm Valley Playground Improvement Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of May, 2003 15.D. 1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Martinez, Wright&Mendez, Inc. for Phase 2 of the redesign of Sam • Bass Road from Meadows Drive to IH-35. Tom Word, Chief of Public Works Operations made the staff presentation. Martinez,Wright&Mendez, Inc. was contracted to provide Phase 1 and Phase 2 engineering services under approved resolutions R-97-06-26-1OG,R-98-O1-22-1OD and R-01-05-24-12C3. The proposal from Martinez, Wright&Mendez, Inc. will update the drainage design due to the adjacent Chisholm Trail reconstruction,re-evaluate pavement conditions, revise construction plans to reflect changes in utilities,provide bid documents, evaluate bids and document the construction. The cost of this project would be$66,271.00. This project will reduce maintenance activities and costs for reconstructing the existing road. Furthermore, mobility will be increased by the construction of additional lanes and turn lanes. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain engineering services to complete Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH-35, and WHEREAS, Martinez, Wright & Mendez, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires.to,enter.into said agreement with Martinez, Wright &Mendez, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Martinez, Wright &Mendez, Inc. to complete Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH-35, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such 28 MAY 8, 2003 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed,considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of May, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Gallahan seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 15.E.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Camp Dresser&McKee, Inc. for the development and delivery of the 2003 Wastewater Master Plan. Tom Clark, Director of Utilities made the staff presentation. Camp Dresser and McKee, Inc. (CDM) developed the Lower Brushy Creek Wastewater Master • Plan for the Brazos-Colorado Alliance, which uniquely qualifies them to perform this work. This plan included Round Rock's Northeast wastewater service area, with drainage to the future Regional Wastewater Plant in Hutto. The general scope of work under this contract will be to develop a 2003 Wastewater Master Plan for the City of Round Rock. It will identify and evaluate our wastewater system's existing capacity,provide a wastewater model and align our wastewater system with the Regional Wastewater Collection System Master Plan and address pending federal regulations. This Master Plan will identify necessary system improvements to meet the growing demand of the City and will serve as the planning tool for the effective and efficient implementation and scheduling of future wastewater collection system improvements. Finally, this information is needed to update the City's impact fees currently being investigated b HDR Engineering. The stud will be conducted in two phases. The first phase will address the YY p Master Plan specifically, the second phase will address pending federal regulations. The total cost of this project$232,510.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the development and delivery of a 2003 Wastewater Master Plan, and WHEREAS, Camp Dresser & McKee, Inc. has submitted an Agreement for Engineering Services to provide said services, and MAY 8,2003 29 WHEREAS, the City Council desires to,enter into said agreement with Camp Dresser & McKee, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, U That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Camp Dresser&McKee, Inc. for the development and delivery of a 2003 Wastewater Master Plan, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The Cit Council hereby finds and declares that written notice of City y the date, hour, place and subject of the meeting at• which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 May, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Gallahan Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. *15.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Agreement for Engineering Services with S.D. Kallman. L.P. for the Westinghouse Wastewater Interceptor Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with S.D. Kallman, L.P. for the design of the Westinghouse Wastewater Interceptor, and WHEREAS, S.D. Kallman, L.P. has submitted Supplemental Agreement No. 3 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 with S.D. Kallman, L.P.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 3 to the Agreement with S.D. Kallman, L.P., a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of May, 2003. o MAY 8,2003 *15.E.3. Consider a resolution authorizing the Mayor to execute a Release of Easement from Texas Crushed Stone for the City's Water Treatment Plant. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to execute a Release of Easement from Texas Crushed Stone for.the City's Water Treatment Plant, and WHEREAS, the City Council wishes to approve the Release of Easement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute a Release of Easement from Texas Crushed Stone for the City's Water Treatment Plant, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of May, 2003 15.F.1. Consider a resolution authorizing the Mayor to execute a contract with STR Constructors, LTD for the construction of the Parks and Recreation Department Yardsite. Larry Madsen, Construction Manager made the staff presentation. This project will replace the old yardsite at the end of Brown Street that is being developed for the Municipal Office Complex (MOC) in the southwest downtown area at the McConico Building location. Competitive Sealed Proposals were opened on Tuesday,April 22, 2003. The City received ten proposals and staff recommended the acceptance of STR Constructors, LTD proposal in the amount of$977,000. The relocation of the yardsite will provide needed updated facilities for the PARD personnel and enhance the overall coordination plan for the MOC. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of the Parks and Recreation Department Service Yardsite, and WHEREAS, STR Constructors, LTD has submitted the lowest and best bid, and WHEREAS; the City Council wishes to accept the bid of STR Constructors, LTD, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with STR Constructors, LTD for the construction of the Parks and Recreation Department Service Yardsite. The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of May, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary J 31 MAY 8,2003 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 Knight Councilmember Gallahan • Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None. 17.A. Executive Session as authorized by &551.072 Government Code,related to the possible purchase of 75.84 acres of land from Sadie M. Wall for parkland and/or road right-of- way. Councilmember Coe disclosed that he would not participate in the Executive Session, due to a conflict of interest and submitted the appropriate documentation. 17.B. Executive Session as authorized by &551.072 Government Code,related to the possible purchase of 74.837 acres of land from the Champion-Meier Partnership for parkland and/or road right-of-way. The Council entered into Executive Session at 8:30 p.m. and adjourned at 8:56 p.m. • ADJOURNMENT: There being no further testimony,the meeting adjourned at 8:57 p.m. Resnectfully submitted, Christine R. Martinez, City Secretary • 32 MAY 22,2003 The Round Rock City Council met in Executive Session and Regular Session on Thursday,May 22, 2003, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom • Nielson, Councilmember McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Gary Coe and Councilmember Elect Scott Rhode. Councilmember Isabel Gallahan was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. APPROVAL OF MINUTES: *4.A. Consider approval of the City Council minutes for the May 8, 2003 Executive Session and Regular Session. This item was approved under the consent agenda. SWEAR IN NEWLY ELECTED OFFICIALS: S.A. Councilmember, Place 3: Councilmember Elect Carrie Pitt was sworn into office by District Judge Michael Jergins from the 395th Judicial District Court. S.B. Councilmember,Place 5: Councilmember Elect Scott Rhode was sworn into office by District Judge Michael Jergins from the 395th Judicial District Court. • CITIZENS COMMUNICATIONS: Roger Heaney, 2008 Cyclone Ridge Cove, informed the Council that Time Warner Cable will be conducting free"Movies in the Park" at Old Settler's Park at Palm Valley the third and fourth Thursday in June and July at 8:00 p.m. PROCLAMATIONS: 7.A. Consider a proclamation recognizing June 14, 2003 as National Flag Day. Mayor Maxwell read the following proclamation and presented it to Gerri Hughes, of the Round Rock Senior Center. Ms. Hughes invited everyone to the activities that will be held at the Senior Center on June 14th Whereas, by Act of Congress of the United States dated June 14, 1777, the first official • Flag of the United States was adopted; and Whereas, by Act of Congress dated August 3, 1949, June 14 of each year was designated "National Flag Day"; and Whereas, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom, to the rule of all, and to equal rights for all; Now Therefore, I, Nyle Maxwell, Mayor, of the City of Round Rock, Texas do hereby proclaim June 14, 2002 as "Flag Day" in the City of Round Rock and urge all citizens to join all Americans in reciting the Pledge of Allegiance to the United States of America on this day. Proclaimed this 22nd day of May, 2003. 33 MAY 22, 2003 PUBLIC HEARINGS: 8.A.1. Consider public testimony regarding the application filed by RR Texas Rainbow Company to rezone 3.771 acres of land out of the Joseph Marshall Survey, from District C-1 (General Commercial)to District SF-2-PV (Single Family-Standard Lot with the Palm Valley Zoning Overlay) and to rezone 1.994 acres of land out of the Joseph Marshall Survey, from District C-1 (General Commercial)to District SF-2-PV (Single Family-Standard Lot with the Palm Valley Zoning Overlay). Joe Vining,Planning Director made the staff presentation. This tract is located north of Highway 79 and west of CR 122. This rezoning request represents a change in the developer's original commercial proposal and is fully consistent with the land use requirements of the General Plan 2000. In addition, these tracts are identified as part of the Palm Valle District in the Palm Valle Plan and therefore qualify for the Palm Valle Overlay Y Y > q fY Y Y district zoning. Mayor Maxwell opened the public hearing. Ron Thrower, representative of RR Texas Rainbow Company, gave a brief overview of the proposed changes in the zoning. • There being no additional public testimony the public hearing was closed. 8.A.2. Consider public testimony regarding an application filed by RR Texas Rainbow Company to adopt original zoning of District SF-2-PV (Single Family-Standard Lot with the Palm Valley Zoning Overlayl on 14.530 and 9.135 acres of land out of the Joseph Marshall Survey. (Rainbow Parke Tracts 3 and 4). Joe Vining,Planning Director made the staff presentation. These tracts are located east of Ryan's Crossing subdivision,west of CR 122 and north of Highway 79. The request for SF-2 zoning is fully consistent with the land use requirements of the General Plan 2000 These tracts are also identified as art of the Palm Valle q p Y District in the Palm Valley Plan and,therefore, qualify for the Palm Valley Overlay district zoning. • Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 8.A.3. Consider public testimony regarding an application filed by Round Rock Express Investors, L.P. to adopt original zoning of District C-1-PV (General Commercial with the Palm Valley Zoning Overlay) on 16.69 acres of land,more or less, out of the P.A. Holder Survey_ (Round Rock Express Tract) Joe Vining,Planning Director made the staff presentation. This tract is located north of east Palm Valley Boulevard, east of the Dell Diamond and west of 34 MAY 22,2003 Ryan's Crossing Subdivision. This request for C-1-PV (General Commercial with the Palm Valley Zoning Overlay)zoning fully accords with the land use requirement of the General Plan 2000. This tract is identified as part of the Pahn Valley District in the Pahn Valley Plan and, therefore, qualifies for the Palm Valley Overlay district zoning. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. • 8.A.4. Consider public testimony regarding an application filed by KLIP Investments L.P. and 101758, Inc., to adopt original zoning of District SF-2 (Single Family-Standard Lot) on 18.146 acres of land out of the David Curry Survey. (Hidden Glen Phases 5 and 6) Joe Vining, Planning Director made the staff presentation. This tract is located north of W. Old Settlers Boulevard(FM 3406) south of FM 143. This tract will be an extension of the existing Hidden Glen subdivision. The request for SF-2 zoning is fully consistent with the land use requirements of the General Plan 2000. Mayor Maxwell 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. *4.A. Consider approval of the City Council minutes for the May 8, 2003 Executive Session and Regular Session. *10.A.1. Consider an ordinance imposing a statutory charge on electric utilities pursuant to the Texas Tax Code and calculated and paid pursuant to the Texas Utility Code. (Second Reading) *10.B.1. Consider an ordinance amending Chapter 1 of the Round Rock Code of Ordinances (1995 Edition) amending library fees and fines. (Second Reading) *10.E.1. Consider an ordinance designating the intersection of Harvey Penick Drive and • Lord Byron Circle/Norman Loop as an all-way stop intersection. (Second Reading) *10.E.2. .Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances (1995 Edition) amending the school speed zone on Harvey Penick Drive. (Second Reading) *10.E.3. Consider an ordinance replacing_yield signs with stop signs on West Bagdad Avenue at South Brown Street. (First Reading) C ' - 35 MAY 22,2003 *10.E.4. Consider an ordinance amending Chapter 9 Section 9.1816 of the Round Rock Code of Ordinances (1995 Edition)prohibiting the parking of vehicles on a portion of Bagdad Avenue. (First Reading) *10.E.5. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on a portion of A.W. • Grimes Boulevard. (First Rca1m--) *11.A.1. Consider a resolution authorizing the Mavor to execute a Wastewater Line Easement and Right-of-Way to the Lower Colorado River Authority. *11.A.2. Consider a resolution authorizing the Mayor to execute an engagement letter with Paul Hornsby& Company for professional appraisal services for right-of-way acquisitions on the SH 45 Proiect. *11.B.1. Consider a resolution authorizing the City Manager to issue a purchase order to Vermeer Equipment of Texas, Inc. for the purchase of a new chipper for the Brush Recycling Center. *11.C.1. Consider a resolution authorizing a property tax refund to Stanbridge • Suites/Bluestone Hotel Group, LTD for 2002 taxes in the amount of$1,157.52. *11.C.2. Consider a resolution authorizing a property tax refund to Texas Guaranteed Student Loan Corp. for 2002 taxes in the amount of$1,808.35. *11.C.3. Consider a resolution authorizing a property tax refund to TD Industries for 2002 taxes in the amount of$769.95. *11.C.4. Consider a resolution authorizing a property tax refund to Legends Village, LP for 2001 taxes in the amount of$1,142.04. *11.C.5. Consider a resolution authorizing a property tax refund to CIN Boardwalk, LP for 2001 taxes in the amount of$9,133.81. *1 LD.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Earth Tech Transportation-Services, Inc. for the Dell Way/South Mays • Extension Proi ect. *11.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with Fisher Hagood, Inc. for the G.O. Bond Citywide Sidewalks project, Segment 3. 36 MAY 22,2003 *1 LE.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with Fisher Hagood,Inc. for the G.O. Bond Forest Creek Safety and Sidewalk Project. *I LEA. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with Baker-Aicklen&Associates,Inc. for the G.O. Bond 2002 Downtown Streets,Phase I Project. MOTION: Councilmember McGraw moved to approve all of the items on the consent agenda. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried-unanimously. ORDINANCES: *10.A.1. Consider an ordinance imposing a statutory charge on electric utilities pursuant to the Texas Tax Code and calculated and paid pursuant to the Texas Utility Code. (Second • Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE SUBSTITUTING AND REPLACING ORDINANCE NO. G-0I-11-20-12C1; RELATING TO ELECTRIC FRANCHISE FEE PAYMENTS AS CALCULATED AND PAID UNDER TEXAS UTILITY CODE, §33.008 FOR EXISTING FRANCHISEES; AND IMPOSING A STATUTORY CHARGE PURSUANT TO TEXAS TAX CODE SEC.181.025(c); CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. *10.B.1. Consider:: an ordinance amending Chapter 1 of the Round Rock Code of Ordinances (1995 Edition) amending library fees and fines. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1902, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE LIBRARY FEES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 10.C.1. Consider an ordinance amending Section 8.02 Training, and Section 8.05 Tuition Assistance/Reimbursement Program of the Human Resources Policies and Procedures Manual. (First Reading) Teresa Bledsoe,Human Resources Director made the staff presentation. 37 MAY 22,2003 This is an update to the current policies and procedures manual concerning organizational learning and development and the education assistance/reimbursement program. ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 8.02 AND 8.05 OF THE HUMAN RESOURCES POLICIES - AND PROCEDURES MANUAL, CONCERNING ORGANIZATIONAL LEARNING & DEVELOPMENT AND THE EDUCATION • ASSISTANCE/REIMBURSEMENT PROGRAM; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the • ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 10.13.1. Consider an ordinance amending Chapter 1, adding subsection 1.1712 and amending Chapter 3, Section 3.1105 of the Round Rock Code of Ordinances (1995 Edition) establishing and referencing the tree fund account, and amending the tree replacement requirements. (First Reading) This item was withdrawn from the agenda at the request of staff. 10.D.2. Consider an ordinance approving and adopting the Tree Replacement Cost • Schedule for the 2002-2003 Fiscal Year. (First Reading) This item was withdrawn from the agenda at the request of staff. 10.D.3. Consider an ordinance approving and adopting the budget for the Tree Replacement Fund for the 2002-2003 Fiscal Year. (First Reading) This item was withdrawn from the agenda at the request of staff. 38.. MAY 22,2003 *10.E.1. Consider an ordinance designating the intersection of Harvey Penick Drive and Lord Byron Circle/Norman Loop 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 HARVEY PENICK DRIVE AND LORD BYRON CIRCLE/NORMAN • LOOP AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.E.2. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances (1995 Edition) amending the school speed zone on Harvey Penick Drive. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS,DESIGNATING A PORTION OF HARVEY PENICK DRIVE AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.E.3. Consider an ordinance replacing yield signs with stop signs on West Bagdad Avenue at South Brown Street. (First Reading) This item was approved under the consent agenda. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING YIELD SIGNS WITH STOP SIGNS AT THE INTERSECTION OF WEST BAGDAD AVENUE AND SOUTH BROWN STREET; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.E.4. Consider an ordinance amending Chapter 9, Section 9.1816 of the Round Rock Code of Ordinances (1995 Edition) prohibiting the parking of vehicles on a portion of Bagdad Avenue. (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 WEST BAGDAD AVENUE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • *10.E.5. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on a portion of A.W. Grimes Boulevard. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A 39 MAY 22,2003 PORTION OF A.W. GRIMES BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 10.F.1. Consider an ordinance rezoning 3.771 acres of land and 1.994 acres of land in the Rainbow Parke Subdivision from District C-1 (General Commercial)to District SF-2-PV (Single Family-Standard Lot with the Palm Valle Zoning Overlay). First Reading) Joe Vining, v y g ( �) g, • Planning Director made the staff presentation. The rezoning request represents a change in the developer's original commercial proposal. The request for SF-2 zoning is fully consistent with the land use requirements of the General Plan 2000. In addition,these tracts are identified as part of the Palm Valley District in the Palm Valley Plan, and, therefore, qualify for the Palm Valley Overlay district zoning. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE.OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 3.771 ACRES OF LAND, MORE OR LESS, AND 1.994 ACRES OF LAND, MORE OR LESS, OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) TO DISTRICT SF- 2-PV (SINGLE FAMILY-STANDARD LOT WITH THE PALM VALLEY ZONING OVERLAY . i MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember McGraw seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 4 -0 MAY 22,2003 10.F.2. Consider an ordinance annexing 23.665 acres of land out of the Joseph Marshall Survey. (Rainbow Parke Tracts 3 and 4) (First Reading) Joe Vining, Planning Director made the staff presentation. These tracts are located east of Ryan's Crossing subdivision,west of CR 122 and north of Highway 79. The purpose of this annexation is to establish city services for this development. • ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 23.665 ACRES OF LAND, MORE OR LESS, OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR 'A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None • ACTION: The motion carried unanimously. 10.F.3. Consider an ordinance adopting original zoning of District SF-2-PV (Single Family-Standard Lot with the Palm Valley ZoningOy) for 14.530 and 9.135 acres of land out of the Joseph Marshall Survey. (Rainbow Parke Tracts 3 and 4) (First Reading) Joe Vining, Planning Director made the staff presentation. These tracts are located east of Ryan's Crossing subdivision,west of CR 122 and north of Highway 79. The request for SF-2 zoning is fully 41 MAY 22,2003 consistent with the land use requirements of the General Plan 2000. These tracts are identified as part of the Palm Valley District in the Palm Valley Plan, and, therefore, qualify for the Palm Valley Overlay district zoning. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 14.530 ACRES OF LAND, MORE OR LESS, AND 9.135 ACRES OF LAND, MORE OR LESS, OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF-2-PV (SINGLE FAMILY-STANDARD LOT WITH THE PALM VALLEY ZONING OVERLAY). MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 10.F.4. Consider an ordinance adopting original zoning of District C-1-PV (General Commercial with the Palm Valley Zoning Overlay) for 16.69 acres of land out of the P.A. Holder • Survey. (Round Rock Express Tract) (First Reading) Joe Vining,Planning Director made the staff presentation. This tract is located east of the Dell Diamond and west of Ryan's Crossing subdivision on Highway 79. This request for C-1-PV (General Commercial with the Palm Valley Zoning Overlay) zoning is fully consistent with the land use requirement of the General Plan 2000. This tract is identified as part of the Palm Valley District in the Palm Valley Plan, and,therefore, qualifies for the Palm Valley Overlay district zoning. 42 MAY 22, 2003 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11AO1(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 16.69 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1-PV (GENERAL COMMERCIAL WITH THE PALM VALLEY ZONING OVERLAY). MOTION: Councilmember Knight moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Coe moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 10.17.5. Consider an ordinance annexing 18.146 acres of land out of the David Curry Survey. (Hidden Glen Phases 5 and 6) (First Reading) Joe Vining, Planning Director made the staff presentation. This tract is located north of West Old Settlers Boulevard(FM 3406), south of FM 1431 and is an extension of the existing Hidden Glen subdivision. The purpose of this annexation is to establish city services for this development. ORDINANCE NO. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 18.146 ACRES OF LAND, MORE OR LESS, OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND.PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 43 MAY 22,2003 MOTION: Councilmember Pitt moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Coe moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • 10.F.6. Consider an ordinance adopting original zoning of District SF-2 (Single Family- Standard Lot) for 18.146 acres of land out of the David Curry Survey. (Hidden Glen Phases 5 and 6) (First Reading) Joe Vining,Planning Director made the staff presentation.. This tract is located north of W. Old Settlers Boulevard(FM 3406) and south of FM 1431 and is an extension of the existing Hidden Glen subdivision.-The request for'SF-2 zoning is fully consistent with the land use requirements of the General Plan 2000. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), .CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 18.146 ACRES OF LAND, MORE OR LESS, OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF-2 (SINGLE FAMILY- STANDARD LOT). MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Rhode seconded the motion. ` VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe 44 MAY 22,2003 Mayor Maxwell Noes: None ACTION: The motion carried unanimously. MOTION: Councilmember Knight moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Pitt seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: *11.A.1. Consider a resolution authorizing the Mayor to execute a Wastewater Line Easement and Right-of-Way to the Lower Colorado River Authority. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City wishes to execute a Wastewater Line Easement and Right-of-Way • to the Lower Colorado River Authority,Now Therefore BE IT RESOLVED BY 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 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 22nd day of May, 2003. *I LA.2. Consider a resolution authorizing the Mayor to execute an engagement letter with Paul Hornsby & Company for professional appraisal services for right-of-way acquisitions on the SH 45 Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional appraisal services regarding the acquisition of right-of-way for the State Highway 45 Project, and WHEREAS, Paul Hornsby & Company has submitted a letter of agreement to provide said services, and WHEREAS, the City Council desires to enter into. said letter of agreement with Paul Hornsby& 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 letter of agreement with Paul Hornsby & Company for appraisal services regarding the acquisition of right-of-way for the State Highway 45 Project, a copy of said letter of agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. 45, MAY 22,2003 The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. *11.B.1. Consider a resolution authorizing the City Manager to issue a purchase order to • Vermeer Equipment of Texas, Inc. for the purchase of a new chipper for the Brush Recycling Center. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, *the City of Round Rock has duly advertised for bids for the purchase of a new chipper for the Brush Recycling Center, and WHEREAS, Vermeer Equipment of Texas has submitted the lowest responsible bid, and. WHEREAS, the City Council wishes to accept the bid of Vermeer Equipment of Texas, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Vermeer Equipment of Texas is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Vermeer Equipment of Texas for the purchase of a new chipper for the Brush Recycling Center. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. 11.13.2. Consider a resolution authorizingthe MUor to execute an Agreement for Engineering& Surveying Services with Baker-Aicklen&Associates, Inc. for the Old Settlers Park at Palm Valley Soccer and Other Restroom/Concession/Storage Facilities Proiect. James Hemenes,Parks Planner made the staff presentation. The Old Settlers Park at Palm Valley (OSPV) Soccer and Other Restroom/Concession/ Storage Facilities Project is a project identified through the 2001 Bond Program and other needs assessments. After discussions with the leagues that utilize the soccer facilities at OSPV, it was determined that the greatest need is for a resttoom/Concession/Storage Facility. Another Restroom Facility is also included in this project. Its location will be at the pavilion near the Virgil Rabb Playground. A necessary component of this project, as well as, other future projects, like the Family Aquatic Facility, is a • wastewater line. Baker-Aicklen will provide the engineering for this infrastructure project. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering and surveying services for the Old Settlers Park at Palm Valley Soccer and Other Restroom/Concession/Storage Facilities Project, and WHEREAS, Baker-Aicklen & Assoc., Inc. has submitted an Agreement for Engineering & Surveying Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Baker-Aicklen & Assoc., Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 4 6MAY 22, 2003 That the Mayor is hereby authorizedand directed to execute on behalf of the City an Agreement for Engineering & Surveying Services with Baker-Aicklen &Assoc., Inc. for the Old Settlers Park at Palm Valley Soccer and Other Restroom/Concession/Storage Facilities Project, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 22nd day of May, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilrnember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • *11.C.1. Consider a resolution authorizing a property tax refund to Stanbridge Suites/Bluestone Hotel Group, LTD for 2002 taxes in the amount of$1,157.52. 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, Staybridge Suites/Bluestone Hotel Group, LTD has made an overpayment or erroneous payment of 2002 taxes in the amount of$1,157.52; that such amount is in excess of$500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said • taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$1,157.52. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. 47 MAY 22,2003 *I I.C.2. Consider a resolution authorizing a property tax refund to Texas Guaranteed Student Loan Corp. for 2002 taxes in the amount of$1,808.35. 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, Texas Guaranteed Student Loan Corp. lids made an overpayment or erroneous payment of 2002 taxes in the amount of$1,808.35; that such amount is in excess of$500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector.by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$1,808.35. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered.and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. *11.C.3. Consider a resolution authorizing a property tax refund to TD Industries for • 2002 taxes in the amount of$769.95. 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,TD Industries has made an overpayment or erroneous payment of 2002 taxes in the amount of$769.95; that such amount is in excess of$500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$769.95. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting • was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. *1 LCA. Consider a resolution authorizing a property tax refund to Legends Village, LP for 2001 taxes in the amount of$1,142.04. This item was approved under the consent agenda. RESOLUTION NO. 48 MAY 22, 2003 WHEREAS, the City of Round Rock is mandated by V.T.C.A., Tax Code §31.11 to refund, upon taxpayer application to the tax collector of its taxing unit and upon verification by the auditor of its taxing unit, any overpayment or erroneous payment of taxes; and WHEREAS, if such amount exceeds $500.00, then the governing body of the taxing unit must also determine that the payment was erroneous or excessive and must approve the refund, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE.CITY OF ROUND ROCK, TEXAS, That the following named taxpayer, Legends Village, LP has made an overpayment or erroneous payment of 2001 taxes in the amount of$1,142.04; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; • and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$1,142.04. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. *11.C.5. Consider a resolution authorizing a property tax refund to CIN Boardwalk, LP for 2001 taxes in the amount of$9,133.81. 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, CIN Boardwalk, LP has made an overpayment or erroneous payment of 2001 taxes in the amount of$9,133.81; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$9,133.81. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. 11.C.6. Consider a resolution authorizing the Mayor to execute an agreement with Pena Swayze & Co., L.L.P. for the annual audit for the fiscal year ended September 30, 2003. Cindy Demers, Finance Director made the staff presentation. The City's Charter requires an annual • audit of the financial records to be performed by an independent certified public accountant. The objective of the audit is the expression of an opinion as to whether the City's general-purpose financial statements are fairly presented in conformity with generally accepted accounting principles. Other objectives include reporting on internal controls related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements in accordance with Government Auditing Standards and Single Audit Act . _ 49 MAY 22,2003 requirements. Pena Swayze&Co has a history of providing the City with outstanding audit service and has exhibited a high level of quality control and professional standards. Additionally this year,this firm will be a valuable resource serving as an advisor to the required new financial reporting model implementation team. The audit provides an independent examination of financial records, activities and operations to assess internal control practices, compliance with • regulations,.grant terms,bond covenants, contractual requirements and fairness of presentations of financial information. This recommended firm also provides valuable ideas and observations intended to help achieve the City's objectives in maintaining adequate financial controls, policies, and procedures. Mike Swayze was present to respond to Council questions. RESOLUTION NO. WHEREAS, it is necessary for the City of Round Rock to conduct an annual audit, and WHEREAS, the accounting firm of Pena Swayze & Company has submitted an agreement to provide said audit for the fiscal year'ending September 30, 2003, and WHEREAS, the City Council wishes to enter into said agreement,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Pena Swayze & Company to conduct said audit, a copy of said agreement being attached hereto as Exhibit"A"and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 11.C.7. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with Salvaggio & Teal, Ltd. For professional services to support the City's 50 MAY 22,2003 financial information systems. Councilmember McGraw disclosed that he would be abstaining from discussion and vote on this item due to a conflict of interest. Cindy Demers, Finance Director made the staff presentation. The firm will provide valuable resources to the implementation team for the constituent relationship management system and for the upgrade team for the web-based financial system. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain consulting services to support the City's financial, human resource, constituent relationship management, and other administrative systems, and WHEREAS, Salvaggio &Teal, Ltd. 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 Salvaggio & Teal, Ltd.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services with Salvaggio & Teal, Ltd., 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 22nd day of May, 2003. NYLE MAXWELL, Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Abstain: Councilmember McGraw ACTION: The motion carried with 6 ayes and 1 abstention. *11.D.1. Consider a resolution authorizing the Mayor to execute an Agreement for • Engineering.Services with Earth Tech Transportation Services, Inc. for the Dell Way/South Mays Extension Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Dell Way/South Mays Extension Project, and WHEREAS, Earth Tech Transportation Services, Inc. has submitted an Agreement for Engineering Services to provide said services, and 5� 1, MAY 22, 2003 WHEREAS, the City Council desires to enter into said agreement 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 an Agreement for Engineering Services with Earth Tech Transportation Services, Inc. for the Dell Way/South Mays Extension Project, a copy of said agreement being attached hereto as Exhibit "A"and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting • was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. 11.D.2. Consider a resolution authorizing the Mayor to execute a contract with Bland/Schroeder/Archer, L.P. for the construction of turn lanes on Gattis School Road at Via Sonoma, Doublecreek Drive at the Post Office driveway, and Louis Henna Boulevard at Meister Lane. Tom Word, Chief of Public Works Operations made the staff presentation. Two bids were received and opened on April 29, 2003. Bland/Schroeder/Archer, LP submitted the lowest bid of$289,019.89. This project completion will ensure a greater measure of safety for vehicular traffic entering and exiting Gattis School Road and Louis Henna Boulevard. RESOLUTION NO. • WHEREAS, the City of Round Rock has duly advertised for bids for the construction of turn lanes on Gattis School Road at Via Sonoma, Doublecreek Drive at the Post Office Driveway, and Louis Henna Boulevard at Meister Lane, and WHEREAS,Bland/Schroeder/Archer, LP has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Bland/Schroeder/Archer, LP, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Bland/Schroeder/Archer, LP for the construction off turn lanes on Gattis School Road at Via Sonoma, Doublecreek Drive at the Post Office Driveway, and Louis Henna Boulevard at Meister Lane. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. MOTION: Councilmember Coe moved to approve the resolution. Councilmember Pitt seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. 5. 2 MAY 22,2003 1.1.D.3. Consider a resolution authorizing the Mayor to execute a Bulk Water Sale Agreement with Zachry/Gilbert Constructors for the purchase of water for use associated with the SH 45 Extension construction. Tom Word, Chief of Public Works Operations made the staff presentation. The contractor requires a significant amount water for the next phases of SH45construction including the intersection of MoPac/Loop 1 and SH45. The City has both the treatment and transmission capacity available for this bulk water user. • RESOLUTION NO. WHEREAS, the City of Round Rock is the owner,of its water supply, water distribution systems, and waterlines, and WHEREAS, Zachry/Gilbert Constructors desires to purchase and acquire from the City a supply of water for use in its construction activities related to the State Highway 45 expansion project, and WHEREAS, the City wishes to enter into a Bulk Water Sale Agreement with Zachry/Gilbert Constructors,Now Therefore BE IT RESOLVED BY 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 Bulk Water Sale Agreement with Zachry/Gilbert Constructors, 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 the 22nd day of May, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. • 1 LE.1. Consider a resolution determining that"Construction Manager at Risk"is the delivery method,which provides the best value and timetable for the City for construction of the expansion of the Dell Diamond/United Heritage Center Complex. Jim Nuse, City Manager made the staff presentation. Effective September 1, 2001, Texas Local Government Code Section 271.113 allows cities to use certain methods other than competitive bidding in entering into contracts for construction of facilities. One such method is Construction Manager at Risk". _ 53 MAY 22,2003 Section 271.114 (a)mandates that the"governing body of a entity that is considering a construction contract using a method specified by Section 271.113 (a) other than competitive bidding must,before advertising, determine which method provides the best value for the government entity." The requested construction delivery method will facilitate the achievement of the project goal of completion and cost pricing for the expansion of the Dell Diamond/United • Heritage Center Complex. g C to Co p ex. 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 expansion of the Dell Diamond/United Heritage Center, and WHEREAS, the statute requires that a project-by-project determination be made as to what method provides the best value for the governmental entity in relation to a particular project, and WHEREAS, the Council has determined that this project would be best served by utilizing the"Construction Manager-At-Risk"method, and WHEREAS, Texas Local Government Code, Section 271.114(a) mandates a time requirement that the "governing body of a governmental entity that is considering a construction contract using a method specified by Section 271.113(a) other than competitive bidding must, before advertising, determine which method provides the best value for the governmental entity," and • WHEREAS, the City Council desires to comply with all requirements of the statute, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, In accordance with Texas Local Government Code §271.114(a), the Council has determined that "Construction Manager-At-Risk" is the delivery method which provides the best value for the City for the construction of the expansion of the Dell Diamond/United Heritage Center. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. MOTION: Councilmember McGraw moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: . Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt • Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously: *1 LE.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with Fisher Hagood, Inc. for the G.O. Bond Citywide Sidewalks protect, Segment 3. This item was approved under the consent agenda. 54 MAY 22,2003 RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services with Fisher Hagood, Inc. for the G.O. Bond Citywide Sidewalks, Segment 3, and WHEREAS, Fisher Hagood, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Fisher Hagood, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, _• That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Engineering Services with Fisher Hagood, Inc., a copy of same being attached hereto ,as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. *11.E.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with Fisher Hagood, Inc. for the G.O. Bond Forest Creek Safety and Sidewalk Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for • Engineering Services with Fisher Hagood, Inc. for the G.O. Bond Forest Creek Safety and Sidewalks Project, and WHEREAS, Fisher Hagood, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Fisher Hagood, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Engineering Services with Fisher Hagood, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. *1 LEA. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with Baker-Aicklen & Associates, Inc. for the G.O. Bond 2002 Downtown • Streets,Phase I Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Baker-Aicklen & Assoc., Inc. for the G.O. Bond Downtown Streets, Phase 1 Project, and WHEREAS, Baker-Aicklen &Assoc., Inc. has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Baker-Aicklen&Assoc.,Inc. ,Now Therefore MAY 22, 2003 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Engineering Services with Baker-Aicklen & Assoc-., Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the • Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2003. 1 LE.5. Consider a resolution authorizing the Mayor to execute a contract with Clayton B. Stone for the provision of out-of-city water and wastewater services. Tom Word, Chief of Public Works Operations made the staff presentation. This contract will encourage the relocation of the Stones Campers which will allow for the comprehensive development of the land located south of Target at the southeast corner of IH 35 and SH 45. This tract is not in the City and is anticipated to be absorbed by the future Greenlawn Boulevard extension. The developer has agreed to basic development standards. RESOLUTION NO. WHEREAS, §10.103 Code of Ordinances (1995 Edition) provides that under certain conditions the City will furnish water and wastewater service outside of the city limits, and • WHEREAS, Clayton B. Stone, the owner of a tract of land as shown in Exhibit "A", ("Property") has requested that the City furnish water and wastewater service to said Property, and WHEREAS, the Council hereby determines that the City has adequate capacity of water and wastewater service available for the purpose of serving the Property without impairing services within the City, and WHEREAS, the owner of the Property must comply with all of the provisions of§10.103 with respect to costs, construction standards, inspections, et cetera, and WHEREAS, the owner of the Property must alsoc'omply with applicable subdivision and platting statutes and ordinances,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That subject to owners compliance with applicable subdivision and platting statutes and ordinances, and pursuant to §10.103 Code of Ordinances (1995 Edition) the City Council hereby approves the furnishing of water and wastewater service to the Property, subject to the owners compliance with the requirements of said §10.103, at the rates specified in §10.201(5)(b) of the Code, and in accordance with the Out-of-City Water and Wastewater Service Contract described below, and BE IT FURTHER RESOLVED, That the Mayor is hereby authorized and directed to execute on behalf of the City an Out- of-City Water and Wastewater Service Contract with Clayton B: Stone, a copy of said contract being attached hereto as Exhibit`B" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour,place and r subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 22nd day of May, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 56 MAY 22,2003 MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Noes: None ACTION: The motion carried unanimously. EXECUTIVE SESSION: 12.A. Executive Session as authorized by 051.072 Government Code,related to the possible purchase of 75.84 acres of land from Sadie M. Wall for parkland and/or road right-of- way. 12.13. Executive Session as authorized by 051.072 Government Code, related to the possible purchase of 74.837 acres of land from the Champion-Meier Partnership for parkland and/or road right-of-way. The Council entered into executive session at 8:10 p.m. and adjourned at 8:15 p.m. • COUNCIL COMMENTS: None ADJOURNMENT There being no further testimony, the meeting adjourned at 8:20 p.m. Res ectfully submitted, Christine R. Martinez, City Secretary • 5- 7 MAY 28, 2003 The Round Rock City Council met in a Special Called Session on Wednesday,May 28, 2003, in the City Council Chamber, 221 E. Main Street. CALL SPECIAL SESSION TO ORDER—5:30 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scott • Rhode and Councilmember G Coe. Councilmember Scot Knight was absent. Also resent �Y � p were City Manager Jim Nuse and City Attorney Steve Sheets. RESOLUTIONS: 3.A. Consider a resolution approving the ranking of the offerors for Construction Manager-At-Risk for the Old Settlers Park at Palm Valley Soccer and Other Restroom/ Concession/Storage Facilities Proiect. James Hemenes,Parks and Recreation Park Planner made the staff presentation. This Old Settlers Park at Palm Valley Construction Project includes the soccer complex (restroom/concession/storage building) facility and Rabb pavilion amenity (restroom). They are identified respectively in the 2001 G.O. Bond Program and PARD Capital Improvement Projects as high priority. The soccer coalition helped identify the soccer project as • the most pressing priority for youth and adult soccer. The rankings are derived from scores based upon submitted proposals that address the criteria as set forth in the proposal packet. Through the approved process for selection of a Construction Manager-at-Risk,Brath, Inc.was selected. Contract negotiations for the Construction Manager-at-Risk will begin after approval of the rankings. John Moman of Moman Architects and a representative from the Round Rock Soccer Association.were present to answer questions from the Council. RESOLUTION NO. WHEREAS,by Resolution No. R-03-03-27-9D1, the City Council, in accordance with §271.114 (a)Local Government Code, determined that"Construction Manager-at-Risk"is the delivery method which will provide the best value for the City for the construction of the Old Settlers Park at Palm Valley Soccer and Other Restroom/Concession/Storage Facilities (the "Project), and • WHEREAS, the City has advertised for and received proposals from offerors for the Construction Manager-at-Risk for the Project, and WHEREAS, City staff has evaluated said proposals in accordance with the published selection criteria and has recommended that the offerors be ranked as set forth in Exhibit"A", and WHEREAS, the City Council wishes to officially approve the ranking set forth in Exhibit "A',Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the ranking of the offerors' proposals for Construction Manager-at-Risk for the Project as set forth in Exhibit"A"is hereby approved, and the City Manager is hereby authorized to attempt to negotiate a Construction Manager-at-Risk contract in accordance with §271.118 (g) Local Government Code. 58 MAY 28,2003 The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posed and that such meeting was open to the to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this the 28th day of May 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Knight ACTION: The motion carried unanimously. ADJOURNMENT: There being no further testimony, the meeting adjourned at 6:21 p.m. • RespB tfully submitted, Sherri Monroe,Assistant City Secretary • JUNE 12,2003 59 The Round Rock City Council met in Regular Session on Thursday, June 12, 2003, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom • Nielson, Councilmember Alan McGraw, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Councilmember Carrie Pitt was absent. Also present were, City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Don Cox,Dan and Pat Torres, Jim NcVey, and Larry and Sandi Rebecek representatives of For the Love of Christi thanked the Council and staff for all their support with the first 5K Memorial Day Fun Run. Mr. Cox presented a plaque of appreciation to Sharon Prete and Emsud Horozovic. PRESENTATIONS: 5.A.1. Consider special recognition of the 2003 Round Rock High School Dragon • Baseball team. Mayor Maxwell read the following proclamation and presented it to team members. Whereas, the Round Rock High School Dragon Baseball team has a 20-year tradition of excellence; and Whereas, the 2003 Dragon Baseball team upheld the winning tradition in outstanding fashion; and Whereas, the 2003 Dragon Baseball team won the District 14 - 5A Championship, placing four members on the All-District Honorable Mention Team, six members on the All- District Team, and having one member named as the District's Most Valuable Player; and Whereas, in the rankings for Texas, the 2003 Dragon Baseball Team was ranked in the top three all season, and were ranked number one in the state for several weeks; and Whereas, in the national rankings, the 2003 Dragons were ranked in the top ten all season and enjoyed a number one national ranking for three weeks; and Whereas,the 2003 Dragons finished the season as the Texas State 5-A Runner-up with an outstanding season record of 36 wins and only 4 losses, Now, Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas and the Round Rock City Council, on behalf of all the citizens of the City, wishes to officially and publicly state our appreciation to Head Coach John Langerhans, Assistant Coaches Richardson and Carter, and to each and every member of the 2003 Round Rock Dragon Baseball team for all of their many hours of hard work and .for the excellent manner in which they represented the • City,both on and off the field of play. Proclaimed this 12th day of June 2003. 5.B.1. Consider a presentation concerning a Homebuyer Information Fair at Mesa Village Park. Mona Ryan, Community Development Coordinator made the staff presentation. Since 1999, an annual homebuyer fair has been held in the courtyard at City Hall to provide information to the general public from the housing industry. This year the fair will be held on Saturday, June 14th from 10:00 a.m. to 1:00 p.m. at Mesa Village Park on Georgetown Street. 6. 0 JUNE 12,2003 This location will provide better access to a target'group of apartment residents in the Mesa Village/Mesa Park area which is between Sunrise and Georgetown Streets. Information will be provided at this fair which will help increase homeownership for low and moderate-income families. 5.B.2. Consider a presentation concerning the 2003 Community Needs Survey results. Mona Ryan, Community Development Coordinator made the staff presentation. Since • 1998 Round Rock has been an entitlement city receiving community development block grant funds from the Department of Housing and Urban Development(HUD). The Community Needs Survey is a tool used by the City to assist in the development of priorities for the Five Year Consolidated Plan and identify activities to be funded. These activities are listed in the Community Development Annual Plan, a submission requirement by the Department of Housing and Urban Development. This survey will help identify eligible activities to fund that will benefit low and moderate-income families and promote economic development in our community. 6.A.1. Consider public testimony concerning the draft 2003-2004 Community Development Annual Action Plan. Mona Ryan, Community Development Coordinator made the staff presentation. The draft annual plan identifies activities to be carried out in the next fiscal • year with community development block grant funds. The amount of the fund is $425,000. Low and moderate-income families and persons will have access to city sponsored programs funded with block grant money and will directly benefit from housing activities,public services, economic and community development activities. CONSENT AGENDA: All the 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 on any of these items and no items were removed from the consent agenda. *8.A. Consider approval of the City Council minutes for the May 22, 2003 Regular Session._ *9.C.1. Consider an ordinance replacing yield signs with stop signs on West Bagdad Avenue at South Brown Street. (Second Reading) • *9.C.2. Consider an ordinance amending Chapter 9, Section 9.1816 of the Round Rock Code of Ordinances (1995 Edition)prohibiting the parking of vehicles on a portion of West Bagdad Avenue. (Second Reading) *9.C.3. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances (1995 Edition) establishinga45-mph speed zone on a portion of A.W. Grimes Boulevard. (Second Reading) JUNE 12,2003 *10.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with James and Evelyn Ferrero for the purchase of right-of-way for the CR 122 Project. *10.A.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Jack and Margaret Ewing for the purchase of right-of-way for the CR 122 Project. *10.A.3. Consider a resolution authorizing the Mavor to execute a license agreement • with Broadcast Music, Inc. for the use of copyrighted music for public performances. *10.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement with Moman Architects, Inc. for the renovation of a building at 212 Commerce Cove to house the Transportation and Utility Divisions of Public Works. *10.E.1. Consider a resolution authorizing the Mayor to execute an Engineering Services Agreement with SAM, Inc. for additional surveying services on the A.W. Grimes Boulevard project. *10.F.1. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with Martin K. Eby Construction Company, Inc. for the construction of the Water Treatment • Plant Expansion,Phase V. *10.F.2. Consider a resolution authorizing the Mayor to execute an Agreement for Personal Services for Welding and Coating Inspection and Testing of the Barton Hill Elevated Storage Tank with John H. Konzen. *10.F.3. Consider a resolution authorizing the Mayor to execute an Easement and Right- of-Way to Oncor Electric Delivery Company in connection with the Water Treatment Plant Expansion,Phase V. MOTION: Councilmember Rhode moved to approve all the items listed in the consent agenda. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Rhode Councilmember Coe • Mayor Maxwell Noes: None Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. *8.A. Consider approval of the City Council minutes for the May 22, 2003 Regular Session. This item was approved under the consent agenda. 9.A.1. Consider an ordinance amending Chapter 6, Section 6.500 of the Round Rock Code of Ordinances (1995 Edition) establishing a requirement of food handler cards for food 62 JUNE 12,2003 establishments by the Williamson County& Cities Health District. (First Reading) Jim Nuse, City Manager made the staff presentation. The Board of Health of Williamson County and Cities Health District adopted a revised food order on November 7, 2002. The purpose of this was to comply with state standards as established in the Texas Food Establishment Rules (TFER), which were adopted on October 6, 1998. This proposed ordinance for the cities of Williamson County is similar to the order adopted by the Board of Health. The only difference in the ordinance will be the requirement of food handler cards by the cities. The Board of Health is restricted from adopting this requirement and needs to be approved by the City. Approval of this ordinance would allow uniform enforcement throughout the entire county. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER. 6, SECTION 6.500, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK,TEXAS, REGARDING THE REGULATION OF FOOD ESTABLISHMENTS INCLUDING FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, TEMPORARY FOOD ESTABLISHMENTS, MOBILE FOOD UNITS AND ROADSIDE FOOD VENDORS; TO COMPLY WITH CURRENT STATE LAWS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. 9.A.2. Consider an ordinance amending Chapter 1 of the Round Rock Code of Ordinances, (1995 Edition)by adding Section 1.1000.1 establishing the administrative departments. (First Reading) Jim Nuse, City Manager made the staff presentation. Pursuant to the City of Round Rock Charter, the City Council has the power to establish administrative departments by ordinance and the head of each department shall be a director who shall have supervision and control over said department. This ordinance will establish the administrative • departments as authorized under the City of Round Rock Charter. ORDINANCE NO. AN ORDINANCE AMEND H AMENDING CHAPTER 1, ADDING SECTION 1.1000.1, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ESTABLISH ADMINISTRATIVE DEPARTMENTS AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 63 JUNE 12, 2003 MOTION: Councilmember McGraw moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem Nielson moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. 9.B.1. Consider an ordinance amending Chapter 7, Sections 7.505, and 7.506 of the Round Rock Code of Ordinance(1995 Edition) to amend the Police Department Disciplinary Procedure. (First Reading) Paul Conner, Chief of Police made the staff presentation. In June 2002, City Council adopted an ordinance that established a comprehensive process to address disciplinary action in addition to establishing a fair and impartial system to review the resulting disciplinary action. Prior to adopting this ordinance,no city policy addressed these issues as they related to Police Officers. The proposed changes will address some minor implementation issues associated with the discipline process outlined in the ordinance. The first change lengthens the amount of time required for the Human Resources Director to appoint a disciplinary review panel and schedule a panel hearing. The second change more clearly defines what ordinance policy; rule or order violations may result in a disciplinary action. These changes were developed in conjunction with the Human Resources Director and the Round Rock Police Officers Association. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7, SECTIONS 7.505 AND 7.506, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE GROUNDS FOR DISCIPLINARY ACTION; TO INCREASE THE TIME FOR THE APPOINTMENT OF THE DISCIPLINARY ACTION REVIEW PANEL AND SCHEDULING OF HEARING WHEN REQUESTED BY THE CHIEF OF POLICE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 64 JUNE 12,2003 MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Couricilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem Nielson moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Rhode Councihmmber Coe Mayor Maxwell Noes:, None Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. *9.C.1. Consider an ordinance replacing yield signs with stop signs on West Bagdad • Avenue at South Brown Street. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING YIELD SIGNS WITH STOP SIGNS AT THE INTERSECTION OF WEST BAGDAD AVENUE AND SOUTH BROWN STREET; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.C.2. Consider an ordinance amending Chapter 9, Section 9.1816 of the Round Rock Code of Ordinances (1995 Edition)prohibiting the parking of vehicles on a portion of West Bagdad Avenue. (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 WEST BAGDAD AVENUE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.C.3. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on a portion of A.W. Grimes Boulevard. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. JUNE 12,2003 AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF A.W. GRIMES BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 9.D.1. Consider an ordinance amending the 2002-2003 Hotel Occupancy Tax Budget. (First Reading) Cindy Demers, Finance Director made the staff presentation. This budget • amendment provides funding for two projects: (1) the expansion of the Dell Diamond/United Heritage Center Complex; and(2) consulting services associated with the development of a comprehensive tourism plan for the City. The expenditure of funds for the stadium expansion is in compliance with hotel occupancy tax statues and will be governed by agreements developed between the City and Round Rock Express Baseball, Inc. The City's portion of the stadium expansion is not to exceed 50% of the total project costs with a maximum city expense of $800,000. The comprehensive tourism plan will provide the City, Chamber and community with a plan to further develop tourism initiatives in Round Rock. This amendment to the budget does not obligate the City to spend the funds at this time but only establishes a budget for the two noted items. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember • McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. *10.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with James and Evelyn Ferrero for the purchase of right-of-way for the CR 122 Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.295 acre tract of land for additional right-of- way for the CR 122 Project, and ' WHEREAS, James and Evelyn Ferrero, 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 James and Evelyn Ferrero, 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. 66 JUNE 12,2003 RESOLVED this 12th day of June 2003. *10.A.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Jack and Margaret Ewing for the purchase of right-of-way for the CR 122 Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.246 acre tract of land for additional right-of- • way for the CR 122 Project, and . WHEREAS, Jack and Margaret Ewing, 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 Jack and Margaret Ewing, 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 12th day of June 2003. *10.A.3. Consider a resolution authorizing the Mayor to execute a license agreement with Broadcast Music, Inc. for the use of copyrighted music for public performances. This item was approved under the consent agenda. 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, Broadcast Music;Inc.(BMI) 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$765.00,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 BMI, attached hereto as Exhibit "A" and incorporated herein, and to pay the $765.00 fee to BMI 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 12th day of June 2003. 10.B.1. Consider a resolution authorizing the City Manager to issue a purchase order to Portable Computer Systems Inc for the purchase of laptop computers for police patrol vehicles Paul Conner, Chief of Police made the staff presentation. This purchase is part of the two-year Computer Aided Dispatch/Records Management System (CAD/RMS)project to replace and modernize the Police Department's existing system. The proposal is to purchase of 6 JUNE 12,2003 77 "ruggedized" laptop computers. Included with this purchase are two CD-ROM drives. These computers are an essential component of the system in that they allow officers access to a variety of data—including maps, dispatch information, and vehicle information—via a wireless connection. In addition, the laptops will provide officers the capability of performing report- writing functions without returning to the station. Portable Computer Systems Inc. provided the • best cost of three bids submitted for this purchase. The bulk of this purchase comes from the Capital Improvement Program account for the CAD/RMS project,with approximately$55,000 coming from the General Fund. RESOLUTION NO. WHEREAS, the City of Round Rock has a need for the purchase of laptop computers for police patrol vehicles, and WHEREAS, the City has entered into an Interlocal Participation Agreement with the Texas Building and Procurement Commission to facilitate compliance with, state bidding requirements, and WHEREAS, Portable Computer Systems, Inc. is an approved vendor through the Texas Building and Procurement Commission's Qualified Information Services Vendor Program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to Portable Computer Systems, Inc. for the purchase of laptop computers for police patrol vehicles. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of June,2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ,City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None • Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. 10.C.1. Consider a resolution suspending TXU Gas Company's request for a rate increase for a ninety-day period and authorizing the participation in the Alliance of TXU Municipalities to study a rate increase requested by TXU Gas Company. David Kautz, Assistant City Manager made the staff presentation. TXU Gas filed requests with state regulators and city governments in its service area to raise.its rates.to;recoyer.investments for its pipeline and 68 JUNE 12, 2003 distribution infrastructure. Additionally,the rate filing is part of a multi-year effort to streamline the company's 350 rate structures to six. By consolidating the rate structures and moving to a statewide system rate structure,rates will decrease in-some cities and increase in others. This issue alone is likely to be somewhat contentious. The cities have 35 days to take action on the rate case filing, or new rates will automatically go into effect on June 27. Because of the short time frame provided, staff recommends that the request be suspended as permitted by state law to • permit review of the rate filing documents.and to formulate a response to the rate filing. The company filed the last rate increase in May 2001. RESOLUTION NO. WHEREAS, on or about May 23, 2003 TXU Gas Company ("TXU") filed with the City of Round Rock, ("City") a Statement of Intent to Increase Rates; and WHEREAS, on May 23, 2003 TXU filed a Statement of Intent to Increase Rates at the Railroad Commission of Texas; and WHEREAS, TXU has requested that the City deny the rate increase; and WHEREAS, the rate request by TXU is novel and complex, requiring specialized expertise of lawyers and experts who specialize in rate making proceedings initiated by public utilities; and WHEREAS, the City needs time to analyze and study the rate requests filed by TXU; and WHEREAS, on a system wide basis the TXU rate requests total almost $70 million; and WHEREAS, the Gas Utility Regulatory Act provides that municipalities shall be reimbursed for their reasonable rate case expenses by the regulated utility; and WHEREAS, a coalition of municipalities, known as the Alliance of TXU Municipalities • ("ATM")has been active in rate proceedings filed at the Railroad Commission TXU; and WHEREAS, the City will join with other cities participating in ATM as a steering committee in order to coordinate the hiring and direction of legal counsel and consultants working on behalf of ATM and the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT: 1. The findings set out in the preamble to this resolution are hereby in all things approved and adopted. 2. The effective date of the tariffs filed with the City are hereby suspended for ninety days from the originally scheduled effective date of June 27, 2003, in order to permit the proper review of the TXU Statement of Intent. 3. ' The City is authorized to join with other cities in a coalition of cities known as the Alliance of TXU Municipalities ("ATM") and authorizes the steering committee of ATM to provide direction and guidance to the lawyers who are representing said cities. 4. The City employs Monte Akers and Jim Boyle to represent the City with regard to the Statements of Intent filed at the City and at the Railroad Commission of Texas and to employ such rate experts as are necessary as recommended by the steering committee for the Alliance of TXU Municipalities. 5. The City is authorized to intervene at the Railroad Commission of Texas and to appeal or appear in Court in any matter related to the Statement of Intent filed by TXU on May 23, 2003. • 6. The City, in coordination with the Steering Committee cities, shall review the invoices of its consultants for reasonableness before submitting such invoices for reimbursement pursuant to Section 103.022 of the Gas Utility Regulatory Act. 7. A copy of this resolution shall be forwarded to the appropriate designated representative of TXU as follows: Autry L. Warren, Director Gas Regulatory, TXU Business Services, 1601 Bryan Street, Dallas, Texas 75201-3402. 8. This resolution shall be effective immediately upon passage. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 69 JUNE 12,2003 RESOLVED this 12th day of June 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember • McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. 10.0.2. Consider a resolution authorizing the Mayor to execute an agreement with Epic Ewe, Inc. for technical consulting services to upgrade the City's financial computer information system. David Kautz, Assistant City Manager made the staff presentation. Epic Edge will provide valuable functional and technical consulting resources to the City to upgrade its existing • PeopleSoft Education and Government 7.5 version to PeopleSoft 8.4, a web-based financial system. The City purchased the PeopleSoft Financial System version 6.0 in April 1998. An upgrade to the system was made in August 2000. The PeopleSoft Maintenance Agreement will no longer support the current version,PeopleSoft Education and Government 7.5 version, after October 2003. PeopleSoft 8.4 provides pure Internet architecture. It provides powerful new functionality for secure, scalable Internet-based access and integration. This next-generation architecture leverages the latest in Internet technologies and concepts to deliver real-time secure access of the PeopleSoft Financial System for the Finance,Purchasing, and Budget Departments. RESOLUTION NO. WHEREAS, the City has a need for technical consulting services for the upgrade of the City's financial computer information system, and WHEREAS, Epic Edge, Inc. has submitted an Agreement for Consulting Services to provide said services, and • WHEREAS, the City Council desires to enter into said agreement with Epic Edge, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services with Epic Edge, Inc. for the upgrade of the City's financial computer information 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 subjectmatter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of June 2003. 70 JUNE 12, 2003 NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember McGraw seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. *10.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement with Moman Architects, Inc. for the renovation of a building at 212 Commerce Cove to house the Transportation and Utility Divisions of Public Works. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Standard Form of • Agreement Between Owner and Architect with Standard Form of Architect's Services ("Agreement"), and Supplemental Agreement No. 1 with Moman Architects for the renovation of a building at 212 Commerce Cove to house the Transportation and Utility division of Public Works, and WHEREAS, Moman Architects has submitted Supplemental Agreement No. 2 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Moman Architects,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 with Moman Architects, 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 12th day of June 2003. *l 0.E.1. Consider a resolution authorizing the Mayor to execute an Engineering Services Agreement with SAM, Inc. for additional surveying services on the A.W. Grimes • Boulevard project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for additional surveying on the A.W. Grimes Boulevard Project, and WHEREAS, SAM, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council,desires to enter into said agreement with SAM, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 71 JUNE 12,2003 That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with SAM, Inc. for additional surveying on the A.W. Grimes Boulevard Project, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of June 2003. 10.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with WHM Transportation Engineering Consultants, Inc. for the development of a model to study traffic conditions at Hesters Crossing and 11135. Bill Stablein, Transportation Engineering Associate made the staff presentation. WHM Transportation Engineering Consultants, Inc., was requested to continue to provide services in the development of a CORSIM model. This model is to simulate traffic conditions related to the proposed intersection by-pass near Hesters Crossing and IH-35 and will include IH 35 main lane and frontage road operations between McNeil Road and SH 45. Further work is needed to meet and coordinate with TxDOT to verify model calibration and queue bypass values. WHM has agreed to perform the additional work for$6,500.00. This model will • identify the impact of the ramp closure on the IH 35 and Hesters Crossing interchange without and without the construction of the proposed collector-distributor road. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract for engineering services ("Contract") with WHM Transportation Engineering Consultants, Inc. for the development of a model to study traffic conditions at Hesters Crossing and IH 35, and WHEREAS, WHM Transportation Engineering Consultants, Inc. has submitted Supplemental Agreement No. 1 to the Contract for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with WHM Transportation Engineering Consultants, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Contract for Engineering Services with WHM Transportation Engineering Consultants, Inc., a copy of said Supplemental Agreement No. 1 being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and • the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Cha 551, Texas Government Code, as amended. RESOLVED this 12t day of June 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City.Secretary 72 JUNE 12,2003 MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None • Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. 10.E.3. Consider a resolution authorizing the Mayor to execute a contract with Rogers Construction Company, Ltd. for the construction of Double Creek Drive. Bill Stablein, Transportation Engineering Associate made the staff presentation. Ten bids were received and opened on April 29, 2003 for the construction of Double Creek Drive. Rogers Construction Company, Ltd., submitted the lowest and best bid of $1,134,965.75. The construction of Doublecreek Drive will increase the efficiency of the City's transportation system. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of Double Creek Drive, and WHEREAS, Rogers Construction Company, Ltd. has submitted the lowest responsible bid, and • WHEREAS, the City Council wishes to accept the bid of Rogers Construction Company, Ltd.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Rogers Construction Company, Ltd. for the construction of Double Creek Drive. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of June 2003. NYLE MAXWELL, Mayor City.of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember McGraw seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. 7 JUNE 12,2003 Jl *10.F.1. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with Martin K. Eby Construction Company, Inc. for the construction of the Water Treatment Plant Expansion, Phase V. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Martin K. Eby Construction Co., Inc. for the construction of the Water Treatment Plant • Expansion,Phase V, and WHEREAS, the Council has determined that it is necessary to make changes to the plans or specifications of the Contract due to unforeseen circumstances, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 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 Martin K. Eby Construction Co., Inc., a copy of said change order being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of June 2003. *10.F.2. Consider a resolution authorizing the Mayor to execute an Agreement for Personal Services for Welding and Coating Inspection and Testing of the Barton Hill Elevated • Storage Tank with John H. Konzen. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain personal services for Project Inspection and Testing for the Barton Hill Elevated Storage Tank Project, and WHEREAS, John H. Konzen has submitted an Agreement for Personal Services for Welding and Coating Inspection and Testing for the Barton Hill Elevated Storage Tank Project torovide said services and d WHEREAS, the City Council desires to enter into said agreement with John H. Konzen, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Personal Services for Welding and Coating Inspection and Testing for the Barton Hill Elevated Storage Tank Project, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 12th day of June, 2003. • 10.F.3. Consider a resolution authorizing the Mayor to execute an Easement and Right- of-WE to Oncor Electric Delivery Company in connection with the Water Treatment Plant Expansion,Phase V. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City wishes to convey an Easement and Right-of-Way to Oncor Electric Delivery Company for the installation of a primary power supply and transformer required for the Water Treatment Plant Expansion,Phase V,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 7; 4 . JUNE 12, 2003 That the Mayor is hereby authorized and directed to execute on behalf of the City an Easement and Right-of-Way to Oncor Electric Delivery Company, a copy of same being attached hereto as Exhibit"A"and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 12th day of June 2003. 10.G.1. Consider a resolution authorizing the Mayor to execute an Agreement • Regarding Phase I Improvements to the Dell Diamond/United Heritage Center with Round Rock Baseball, Inc. Jim Nuse, City Manager made the staff presentation. The City of Round Rock owns the Convention Center/ Stadium Complex. It is leased to the Round Rock Express Baseball Club (RREBC) for 38 years. The City contributed$7.2 million towards the initial project and RREBC contributed nearly$17.5 million. Subsequent to the initial construction, RREBC has performed nearly$4 million in improvements to the facility without participation from the City. RREBC wishes to further improve the complex by constructing a Home Run Porch;Upper Concourse; East Entrance Gate; and six additional Sky boxes. The estimated cost of these improvements is $1.6 million. RREBC desires that the City participate in these improvements by using up to $800,000 of the cash reserve from the Hotel Occupancy Tax. The • Council approved a Memorandum of Understanding between the City of Round Rock and the Round Rock Baseball Club regarding the proposed expansion of the Dell Diamond/United Heritage Center Complex on April 24, 2003. The proposed improvements will improve the City's ability to attract and promote tourism. RESOLUTION NO. WHEREAS, on January 20, 1999, the City and Ryan Sanders Ryan, Inc. ("RSR") entered into that one certain Convention Center Complex Lease Agreement ("Lease") whereby the City agreed to lease to RSR a convention center complex to be designed by RSR and constructed by the City, and WHEREAS, on March 29, 1999, RSR assigned its interest in and to the Lease to Round Rock Baseball, Inc. ("RRB"), and WHEREAS, the convention center complex has since been renamed the Dell Diamond/United Heritage Center, and WHEREAS, the City and RRB now desire to provide for the expansion of the Dell Diamond/United Heritage Center, and WHEREAS, an Agreement .Regarding Phase I Improvements to the Dell • Diamond/United Heritage Center ("Agreement") has . been prepared to set forth certain agreements of the City and RRB with respect to Phase I Improvements to the Dell Diamond/United Heritage Center, and, including the terms, conditions and provisions pursuant to which RRB shall design, and the.City shall develop and construct the Project, 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, subject to the City Manager's and City Attorney's approval of the final language and terms, an Agreement Regarding Phase I Improvements to the Dell Diamond/United Heritage Center, 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 75 JUNE 12,2003 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of June, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. 1 LA. Consider appointment of the Mayor Pro-tem. Mayor Maxwell opened the floor for nominations. Councilmember Nielson was nominated. • MOTION: Councilmember Rhode moved that nominations cease and to appoint Councilmember Tom Nielson as Mayor Pro-tem by acclamation. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember Pitt Councilmember Knight ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business,the meeting adjourned at 8:25 p.m. • Res ectfully Submitted, Christine R. Martinez, City Secretary Q.0 03 . JJ-, r o� to Iq , �0D3 . 76 JUNE 19,2003 The Round Rock City Council met in a Special Called Session on Thursday, June 19, 2003, in the City Council Chamber, 221 E. Main Street. CALL SPECIAL SESSION TO ORDER—8:00 A.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Scot Knight and Councilmember Scott Rhode. Councilmember Carrie Pitt and Councilmernber Gary Coe were absent. Also present • were City Manager Jim Nuse and City Attorney Steve Sheets. RESOLUTIONS: 3.A. Consider a resolution authorizing the Mayor to execute a Construction Manager-at- Risk contract with Brath, Inc. for the Old Settlers Park at Palm Valley Soccer Restroom/ Concession/Storage Facility Project. James Hemenes,Park Planner made the staff presentation. The Old Settlers Park at Palm Valley(OSPV) Soccer Restroom/Concession/Storage Facility Project is a project identified through the 2001 Bond Program and other needs assessments. After discussions with the leagues that utilize the soccer facilities at OSPV, it was determined that the greatest need is for a Restroom/Concession/Storage Facility. Through the approved process for the selection of a Construction Manager-at-Risk,Brath, Inc. was selected for the • construction of this facility. The guaranteed maximum price will be $262,484.00. Mr. Hemenes proceeded to outline the project. He noted that some major revisions to the contract were that the second restroom was eliminated; the large,porch area was reduced and porcelain fixtures will be installed instead of stainless steel. The restroom/concession/storage facilities will be approximately 1,600 square feet. Steve Sheets gave an overview of contract, guaranteed maximum price, completion date and Construction Manager-at-Risk guidelines. Councilmember Rhode questioned why the information provided during the selection process regarding the date of completion was different than what was in the contract and should the process be looked at because the date of completion is a factor on who is awarded the • contract. Mr.Nuse responded staff reviewed the process and found some flaws that can be remedied. RESOLUTION NO. WHEREAS, Texas Local Government Code, §271.113 (a) allows governmental entities to use certain methods other than competitive bidding in entering into contracts for construction of facilities, and WHEREAS,pursuant to Texas Local Government Code, § 271.114 (a) the City Council adopted Resolution No. R-03-03-27-91)1 whereby the Council determined that"Construction 77 JUNE 19, 2003 Manager-at-Risk"is the delivery method which provides the best value for the City for the construction of the Old Settlers Park at Palm Valley Soccer Restroom/Concession/Storage Facility(the"Project"), and WHEREAS,pursuant to Texas Local Government Code, § 271,118, the City has duly prepared a request for proposals for the selection of a construction manager-at-risk and the Council has selected Brath, Inc. as the offeror that,submitted the proposal that offers the best value to the City for the construction of the Project, and WHEREAS, City staff has negotiated a satisfactory Standard Form of Agreement Between Owner and Construction Manager(the"Contract")with Brath, Inc. which is attached • hereto as Exhibit"A", and WHEREAS,the Council wishes to approve said Contract,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 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 Standard Form of Agreement Between Owner and Construction Manger with Brath, Inc. for the construction of the Old Settlers Park at Palm Valley Soccer Restroom/Concession/Storage Facility, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 19th day of June 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Noes: None Absent: Councilmember Pitt Councilmember Coe ACTION: The motion carried unanimously. ADJOURNMENT There being no further business,the meeting adjourned at 8:16 a.m. Re ectfully submitted, Christine R. Martinez, City Secretary 78 JUNE 26,2003 The Round Rock City Council met in Regular Session on Thursday, June 26, 2003, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot • Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. Mayor Maxwell dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following items. PROCLAMATIONS: S.A. Consider a proclamation proclaiming Kellerman Reunion Days. Mayor Maxwell read the following proclamation and presented it to members of the Kellerman family. Whereas,Dutch and Bernadette Kellerman have been members of the Round Rock Community since 1993; and Whereas, six Kellerman children, Delores, Nancy, David, Cynthia, Jeanette and Angela all graduated from Round Rock Independent School District; and Whereas, the Kellerman families are hosting a reunion for members of the extended Kellerman family from all corners of the United States; and • Whereas, the gathering of descendants, families, and friends help build strong family values that are passed from generation to generation; and Whereas, the Round Rock City Council wishes to extend a most cordial welcome to the extended members of the Kellerman families, Now Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim June 26-29, 2003, as"Kellerman Family Reunion Days." Proclaimed this 26th day of June 2003. S.B. Consider a proclamation proclaiming the month of July as Parks and Recreation Month. Mayor Maxwell read the following proclamation and presented it to Terri Waggoner of the Parks and Recreation Department. Whereas the National Recreation and Park Association in cooperation with the local park and recreation departments is promoting the use of public recreation facilities in July; and Whereas, the Round Rock City Council has supported the development of recreational facilities such as ballfields,playgrounds, swimming pools, tennis courts,picnicking_facilities and golf course to promote wholesome recreational opportunities; and Whereas, positive leisure experiences are vital to good physical and mental health and enhance the quality of life for all people; and Whereas, Round Rock's professional park and recreation staff is dedicated to providing the best possible service to its customers, Now, Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim the month of July as "Parks And Recreation Month" in the City of Round Rock and encourage all citizens to wholeheartedly utilize the park system and participate in many recreation programs that the City offers. Proclaimed this 26th day of June 2003. Mayor Maxwell resumed the order of the agenda. CITIZENS COMMUNICATIONS: 79 JUNE 26,2003 Darin Bayles, 615 East Palm Valley Boulevard(Police Department), expressed his gratitude for staff's work/effort on the market based compensation study. Alysia Cook, P.O. Box 7042,Round Rock, spoke in favor of extending the hours for the sale of alcoholic beverages. Colleen Johnson, 12207 Tanglewild Drive, Austin, owner of Partners Night Club, spoke in favor of extending the hours for the sale of alcoholic beverages. Chuck Cook, 3927 Eagles Nest, owner of restaurant in downtown Round Rock, spoke in favor of extending the hours for the sale of alcoholic beverages. Gary Welling, 11545 Spicewood Parkway,Austin, owner of GQ Billiards, spoke in favor of extending the hours for the sale of alcoholic beverages. Kevin Welling, 11545 Spicewood Parkway, General Manager of GQ Billiards, spoke in favor of extending the hours for the sale of alcoholic beverages. Allan Reagan, 525 Round Rock West, 9250, spoke in favor of extending the hours for the sale of alcoholic beverages. Betty Weeks, 1500 Greenfield, expressed her concern of extending the hours for the sale of alcoholic beverages. PRESENTATIONS: 6.A.1. Consider a presentation concerning an update on the market-based compensation study. Teresa Bledsoe,Human Resources Director made the staff presentation."The City continues to be committed to maintaining a Pay and Classification Plan that is internally equitable and externally competitive with business in our community, cities, and other competing markets. Watson Wyatt conducted the 2003 market-based compensation study, which is the third update of the City's compensation system. Sarah Hutchinson of Watson Wyatt made the following presentation regarding the results of the study. Market Analysis Findings • Pay at the City,with the-exception of sworn police and file, is "at market" on average • • The City has done a good job of keeping up with the market in the last two years - Reaction to market place on an"as needed"basis - Pay for performance is working - Competitive pressures have declined • A 5% structure adjustment is needed - Last adjusted in 2001 - Need to ensure your structure is competitive with the market - Adjust the structure—not employee pay Impact on Employees • No broad-based salary adjustments are needed for public service employees 80 JUNE 26,2003 - Overall, employees are paid within a competitive range - The structure adjustment creates need for some "to minimum"increases A few salary adjustments are needed for employees in reclassified jobs • The increase in pay levels for many public safety jobs continues to be a challenge - A pay increase is needed for sworn police positions - Pay for fire has fallen behind the market but to a lesser extent Round Rock's Market-Based Compensation System • Originally implemented in 1997 • - Biannual updates were planned to maintain integrity of system and to protect the City's investment - Previous updates in 1999 and 2001 • The foundation of the system is the City's compensation philosophy - The definition of the marketplace for employee talent ■ Cities and private industry ■ Specific geographic considerations - Desired position of"average to average" - Reinforcement of pay for performance orientation • The system emphasizes collecting market data from published salary surveys - Balances internal and external equity as jobs are assigned to grades ■ External=the market ■ Internal=the relative internal hierarchy of jobs - Ensures competitive pay opportunities at the City Definition of Competitive Market Category Market Geography Senior Leadership Municipalities National Middle Management Municipalities Regional/Local and Professional General Industry Nonexempt(Hourly) Municipalities Local General Industry. Fire Municipalities Local City of Austin Police Municipalities Local City of Austin Competitive Market for Public Safety Positions • In the 1997 and 1999 studies,the competitive market for police and fire was defined as a group of cities of similar size to Round Rock,with due consideration to the hiring rates at the City of Austin. • In 2001, it was determined that the City of Austin was the primary competition for public safety applicants at Round Rock - It is unusual to compare to only one organization in a market-based system; for all other jobs at the City, the comparisons are to a group of similarly sized cities (including the City of Austin) and/or a group of general industry companies - As such, the City developed a policy of being"generally comparable to the City of Austin. - This policy is commonly referred to as "shadowing"the City of Austin • Comparable versus Parity • Since 2001, the City of Austin has contractually increased salaries aggressively for public safety employees - Austin has emerged as a regional market leader in pay - Other cities with populations of 75K and above have been more conservative with pay increases - Additionally, the City of Austin is currently experiencing a projected budget shortfall of more than$50M • The City of Round Rock doles not intend to ensure "pay parity"with the City of Austin,but Round Rock does recognize the influence of the Austin market 8 : JUNE 26,2003 • The City does intend to increase pay opportunities for public safety positions to a greater level of competitiveness with the City of Austin,balancing competitiveness with fiscal responsibility - Today's recommendations reflect that balance between competitiveness and fiscal responsibility - The decree of competitiveness needed in the future will be determined similarly on a year-by-year basis Project Work to Date • • Update of market analysis and overlay employees of on the market - Determination of overall market position ■ Public Service ■ Public safety(sworn) - Review of competitiveness of current salary structure ■ Current structure should be adjusted by 5% - Job by job review • Costing - Employees below minimum of structure Salary Data Sources • Only published salary surveys are utilized - Data submitted from HR departments of organizations - Based on actual pay rather than pay structures - Reliable, valid data - Not found on the internet • Over 25 different survey sources Government Private industry • • Competitive market data was captured on almost'70% of all jobs at the City • Input from Watson Wyatt and the City • Excellent database was developed Important Considerations Regarding Market Data • The market for a job is not a single point • When looking at market averages,we must consider that"the market"represents a range of salaries in the marketplace Recommendations for 2003 • Adjust existing salary structure 5% - Again,move structure not employee pay levels • Ensure all employees are paid at least at the minimums of the pay ranges in the new structure • Provide selective market adjustments for employees in jobs that were moved to another pay grade as a result of market movement • Adjust police and fire step-in-grade structures and provide base pay increases - Average of 8%in Police Department - Average of 4%in Fie Department • Timing and Proposed Implementation • June 26, 2003 - Watson Wyatt presentation to City Council - Budget revision presentation to City Council - Budget ordinance first reading • July 10, 2003 - Budget ordinance second reading • July 19, 2003 - Pay increases effective • August 1, 2003 - Pay increases on paychecks 8. 2 JUNE 26,2003 Summary • The City's market-based compensation systems are effective and dynamic - Regular market updates - Pay for performance • The City is succeeding at"staying up"with the market with the exception of sworn police and fire • With the recommended increases, the City will continue to be competitive Mayor Maxwell dispensed with the order of the agenda and addressed the following • items. 10.A.2. Consider an ordinance amending Chapter 1, Section 1.802 of the Round Rock Code of Ordinances adopting extended hours for the sale of mixed beverages and beer. (First Reading) Jim Nuse, City Manager made the staff presentation. This ordinance will allow any person, firm or corporation authorized to offer or sell alcoholic beverages within the city limits of Round Rock during late hours as authorized under the Alcoholic Beverage Code. Staff was directed to gather outside help for more objective information ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, SECTION 1.802 TO ADOPT EXTENDED HOURS FOR THE SALE OF MIXED BEVERAGES AND BEER; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR . RESOLUTIONS. MOTION: Mayor Pro-tem Nielson moved to table the ordinance until July 24th. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Coe Mayor Maxwell Nays: Councilmember McGraw Councilmember Knight Councilmember Rhode ACTION: The motion carried with 4 ayes and 3 nays. 10.C.2. Consider an ordinance approving Amendment No. Ito the 2002-2003 Operating Budget. (First Reading) Cindy Demers, Finance Director made the staff presentation. This budget amendment revises both the General and Utility operating budgets. Amendment highlights include funding for implementation of the recently completed market compensation • study, additional funding for the City's self-funded health insurance fund and adjustments for sales tax activity. In addition, the amendment reflects the planned allocation of available funds from the utility operating fund to the utility capital construction program. ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO. 1 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2002-2003. 8' 3 JUNE 26,2003 - MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. Mayor Maxwell excused himself for the remainder of the meeting. Mayor Pro-tem Nielson chaired the meeting at this point. PUBLIC HEARINGS: 7.A.1. Consider public testimony concerning_proposed amendments to Chapter 11, Zoning, Code of Ordinances (1995 Edition)regarding the following: (a)DU care facilities; (b) Height of buildings; (c) Landscape plans; (d)Amending the Industrial District to include"non- polluting industries" and to include location criteria for industrial development; (e) Amending and adding definitions; and(f) "Waste related service" as a permitted use in the LI (Light • Industrial) district. Joe Vining,Planning Director made the staff presentation. The proposed text amendments attempt to resolve a number of recurring issues staff has encountered since the adoption of the Zoning Ordinance in June 2002. Amendment (a)will permit daycare facilities up to 5,OOOsquare feet in the C-2 (Local Commercial) and OF (Office) zoning districts. Amendment (b)will permit buildings greater than 5 stories,but not greater than 12 stories, in the PF (Public Facilities) zoning district. Amendment(c) will require landscape plans to be prepared and sealed by a landscape architect registered in the State of.Texas. Amendments (d) through(f) are intended to accommodate the proposed Industrial rezoning on Chisholm Trail and Brandi Lane. These amendments are a direct response to public input gathered during three Planning and Zoning Commission public hearings concerning the rezoning. Mayor Pro-tem Nielson opened the public hearing. There being no public testimony, the • public hearing was closed. 7.A.2. Consider public testimony regarding the application filed by the City of Round Rock to adopt original zoning of District PF (Public Facilities) for 10.059 acres out of the Samuel Jenkins Survey. (High Country Standpipe) Joe Vining,Planning Director made the staff presentation. This tract is located south of High Country and east of Flower Hill Drive. The proposed zoning is for PF (Public Facilities)that houses an elevated water storage tank,which is owned by the City of Round Rock. The proposatis for the newly available District PF zoning 84 JUNE 26,2003 which is entirely appropriate for this site. This original zoning proposal is being processed concurrently with the annexation. On January 29,2003, a public hearing was held before the Planning and Zoning Commission for the original zoning of District PF on 10.059 acres of land, and at that time the commission recommended adoption of original PF (Public Facilities) zoning. Mayor Pro-tem Nielson opened the public hearing. There being no public testimony,the public hearing was closed. 7.A.3. Consider public testimony regarding the application filed by the City of Round Rock to adopt original zoning of District OS (Open Space) for 47.413 acres out of the Willis Donaho Survey. (Old Settlers Park Tract A) Joe Vining, Planning Director made the staff presentation. This tract is located south of Kiphen Road and west of County Road 122. The proposed zoning is for OS (Open Space)to extend the OS district of the original Old Settlers Park. The proposal is for extension of the park and recreational uses. This original proposal is being processed concurrently with the annexation. On January 29, 2003, a public hearing was held before the Planning and Zoning Commission for the original zoning of District OS on 47.413 acres of land and at that time the commission recommended adoption of original OS (Open Space)zoning. • Mayor Pro-tem Nielson opened the public hearing. There being no public testimony, the public hearing was closed. 7.A.4. Consider public testimony regarding the application filed by Spellings & Humphries LP, to rezone .2107 acres out of the Wiley Harris Survey from District SF-2 (Single Family-Standard Lot)to District C-2 (Local Commercial). (405 W. Main Street) Joe Vining, Planning Director made the staff presentation. The subject tract was zoned residential with the original adoption of the City of Round Rock Zoning Ordinance. The tract is located within the study area for the Southwest Downtown Plan. Since the applicant has.an immediate commercial user for the tract, staff recommended C-2 (Local Commercial) zoning until a comprehensive zoning recommendation is prepared for the entire study area. The C-2 district limits the square footage and intensity of specific commercial uses and also limits automotive uses. The zoning • request complies with the General Plan. Mayor Pro-tem Nielson opened the public hearing. Kyle Humphries, 209 Whitetail Lane,Hutto, spoke in favor of the rezoning. There being no additional testimony,the public hearing was closed. 7.A.5. Consider public testimony regarding the application filed by Nagle Holdings LP, to rezone .4222 acres out of the Wiley Harris Survey, from District SF-2 (Single Family- 85 JUNE 26,2003 Standard Lot)to District C-2 (Local Commercial). 006 and 110 S. Harris Street) Joe Vining, Planning Director made the staff presentation. The subject tract was zoned residential with the original adoption of the City of Round Rock Zoning Ordinance. The tract is located within the stud area for the Southwest Downtown Plan. Since the applicant has an immediate commercial Y pp user for the tract, staff recommended C-2 (Local Commercial)zoning until a comprehensive zoning recommendation is prepared for the entire study area. The C-2 district limits the square footage and intensity of specific commercial uses and also limits automotive uses. The zoning request complies with the General Plan. Mayor Pro-tem Nielson opened the public=hearing. Nelson Nagle,Main Street, spoke in favor of the rezoning. There being no further testimony,the public hearing was closed. 7.A.6. Consider public testimony regarding the proposal of the City of Round Rock to rezone 25.26 acres out of the Jacob M.Harrell Survey and the Davis Curry Survey from District LI(Light Industrial)to District I(Industrial). ("Tract A") Joe Vining,Planning Director made the staff presentation. With the June 2002 adoption of the new Zoning Ordinance, the . development standards of the Light Industrial (LI) zoning district increased, specifically with respect to building materials and landscaping standards. The Round Rock Industrial Park, located west of Chisholm Trail is zoned district(LI) Light Industrial, and, as such, does not conform to the standards outlined in the new Zoning Ordinance. Under the former Zoning Ordinance,the uses of buildings within the park were permitted. Recognizing that this tract has existing industrial development, staff recommended that the tract be rezoned to the new Industrial (1) district. By rezoning this tract to Industrial(I), the existing uses and buildings on the tract will be in compliance with the new Zoning Ordinance. Staff held an open house with property owners on November 20, 2002, to answer any questions regarding the proposed zoning changes. In addition, the Planning and Zoning Commission held three public hearings. The affirmative recommendation by the Planning and Zoning Commission to rezone this tract is conditioned on • the approval of several text amendments by the City Council. These text amendments address the concerns of the abutting residential neighbors. Mayor Pro-tem Nielson opened the public hearing. Brett Mayes, 1100 Peachtree Cove, expressed his concern of having waste related services in the Industrial zoning. Joe Torres, 1102 Peach Tree Valley Cove, expressed his concern of the increase in traffic that the industrial zoning will bring to the area. 8s JUNE 26, 2003 Joe Bowton, 101 Thornwood, Georgetown, spoke in favor of the industrial zoning. There being no additional testimony,the public hearing was closed. 7.A.7. Consider public testimony regarding the proposal of the City of Round Rock to rezone 6.260 acres out of the Jacob M. Harrell Survey from District LI(Light Industrial) to District I(Industrial). ("Tract B") Joe Vining,Planning Director made the staff presentation. With the June 2002 adoption of the new Zoning Ordinance,the development standards of the Light Industrial(LI) zoning district increased, specifically with respect to building materials and landscaping standards. The Round Rock Industrial Park, located west of Chisholm Trail is zoned district(LI) Light Industrial, and, as such, does not conform to the standards outlined in the new Zoning Ordinance. Under the former Zoning Ordinance,the uses of buildings within the park were permitted. Recognizing that this tract has existing industrial development, staff recommended that the tract be rezoned to the new Industrial (I) district. By rezoning this tract to Industrial (I),the existing uses and buildings on the tract will be in compliance with the new Zoning Ordinance. Staff held an open house with property owners on November 20, 2002, to answer any questions regarding the proposed zoning changes. In`addition, the Planning and Zoning Commission held three public hearings. The affirmative recommendation by the • Planning and Zoning Commission to rezone this tract is conditioned on the approval of several text amendments by the City Council. These text amendments address the concerns of the abutting residential neighbors. Mayor Pro-tem Nielson opened the public hearing. There being no public testimony, the public hearing was closed. 7.A.8. Consider public testimony regarding the proposal of the City of Round Rock to rezone 2.369 acres out of the Jacob M. Harrell Survey from District LI(Light Industrial) to District I(Industrial). ("Tract C") Joe Vining,Planning Director made the staff presentation. With the June 2002 adoption of the new Zoning Ordinance, the development standards of the Light Industrial(LI) zoning district increased, specifically with respect to building materials and landscaping standards. The Round Rock Industrial Park, located west of Chisholm Trail is zoned district(LI) Light Industrial, and, as such, does not conform to the standards outlined in the new Zoning Ordinance. Under the former Zoning Ordinance,the uses of buildings within the park were permitted. Recognizing that this tract has existing industrial development, staff recommended that the tract be rezoned to the new Industrial (I) district. By rezoning this tract to Industrial (I), the existing uses and buildings on the tract will be in compliance with the new Zoning Ordinance. Staff held an open house with property owners on November 20, 2002,to 8� 7 JUNE 26,2003 answer any questions regarding the proposed zoning changes. In addition, the Planning and Zoning Commission held three public hearings. The affirmative recommendation by the Planning and Zoning Commission to rezone this tract is conditioned on,the approval of several text amendments by the City Council. These text amendments address the concerns of the abutting residential neighbors. • Mayor Pro-tem Nielson opened the public hearing. There being no public testimony,the public hearing was closed. 7.A.9. Consider public testimony regarding the proposal of the City of Round Rock to rezone 2.177 acres out of the Jacob M. Harrell Survey from District LI(Light Industrial)to District I(Industrial). (Centex Machining Subdivision, "Tract D") Joe Vining, Planning Director made the staff presentation. With the June 2002 adoption of the new Zoning Ordinance, the development standards of the Light Industrial (LI) zoning district increased, specifically with respect to building materials and landscaping standards. This tract, located north of Brandi Lane, is zoned district(LI) Light Industrial, and, as such, does not conform to the standards outlined in the new Zoning Ordinance. Under the former Zoning Ordinance, the uses of buildings within the • park were permitted. Recognizing that this tract has existing industrial development, staff recommended that the tract be rezoned to the new Industrial (I) district. By rezoning this tract to Industrial (I), the existing uses and buildings on the tract will be in compliance with the new Zoning Ordinance. Staff held an open house with property owners on November 20, 2002, to answer any questions regarding the proposed zoning changes. In addition, the Planning and Zoning Commission held three public hearings. The affirmative recommendation by the Planning and Zoning Commission to rezone this tract is conditioned on the approval of several text amendments by the City Council. These text amendments address the concerns of the abutting residential neighbors. Tom Word gave an update on the road improvements for Sam Bass Road and Chisholm Trail. • Mayor Pro-tem Nielson opened the public hearing. There being no public testimony,the public hearing was closed. 7.A.10. Consider public testimony regarding the proposal of the City of Round Rock, to rezone 16.366 acres out of the Jacob M. Harrell Survey from District LI (Light Industrial)to District I(Industrial). (Creekside Industrial Park Subdivision, "Tract E") Joe Vining,Planning Director made the staff presentation. With the June 2002 adoption of the new Zoning Ordinance, the development standards of the Light Industrial (LI) zoning district increased, specifically with JUNE 26,2003 respect to building materials and landscaping standards. Creekside Industrial Park, located on Brandi Lane, is zoned district(LI)Light Industrial, and, as such, does not conform to the standards outlined in the new Zoning Ordinance. Under the former Zoning Ordinance, the uses of buildings within the park were permitted. Recognizing that this tract has existing industrial development, staff recommended that the tract be rezoned to the new Industrial (1) district. By rezoning this tract to Industrial(I), the existing uses and buildings on the tract will be in • compliance with the new Zoning Ordinance. Staff held an open house with property owners on November 20, 2002,to answer any questions regarding the proposed zoning changes. In addition,the Planning and Zoning Commission held three public hearings. The affirmative recommendation by the Planning and Zoning Commission to rezone this tract is conditioned on the approval of several text amendments also contained in the June 26, 2003, City Council agenda. These text amendments address the concerns of the abutting residential neighbors. CONSENT AGENDA: All the 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 on any of these items and no items were removed from the consent agenda. • *9.A. Consider approval of the City Council minutes for the May 28, 2003 Special Called Session, June 12, 2003 Regular Session and June 19, 2003 Special Called Session. *10.A.1. Consider an ordinance amending Chapter 6, Section 6.500 of the Round Rock Code of Ordinances (1995 Edition) establishing a requirement of food handler cards for food establishments by the Williamson County&Cities Health District. (Second Reading) *10.C.1. Consider an ordinance amending the 2002-2003 Hotel Occupancy Tax Budget. (Second Reading) *11.A.1. Consider a resolution authorizing the Mayor to execute a revised engagement letter with Paul Hornsby& Com-pan for professional appraisal services for right-of-way acquisitions for the Gattis School Road project. *11.A.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract • with South Round Rock Creek Partners for the purchase of right-of-way for the A.W. Grimes Boulevard project. *11.B.1. Consider a resolution authorizing the closing of a portion of Round Rock Avenue and a portion of East Main Street on July 4, 2003 for the Annual Frontier Days parade. *11.D.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with K.C. Engineering, Inc. for the Country Aire Drive Sidewalk Project. 89 JUNE 26, 2003 *11.F.1. Consider a resolution authorizing the Mayor to execute Change Order No. 3 with Commercial Consolidated for the construction of the East Water Transmission Line (Phase I) Improvements. 11.G.3. Consider a resolution authorizin�the City Manager to issue a purchase order to Allied Fence Company for the purchase of fencing material and shade cloths for the baseball • fields at Old Settlers Park at Palm Valley. MOTION: Councilmember Knight moved to approve all the items listed on the consent agenda. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *9.A. Consider approval of the City Council minutes for the May 28, 2003 Special Called Session, June 12, 2003 Regular Session and June 19, 2003 Special Called Session. This • i emwas approved ander the consent agenda. ORDINANCES: *10.A.1. .Consider an ordinance amending Chapter 6, Section 6.500 of the Round Rock Code of Ordinances (1995 Edition) establishing a requirement of food handler cards for food establishments by the Williamson County&Cities Health District. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.500, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING THE REGULATION OF FOOD ESTABLISHMENTS INCLUDING FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, TEMPORARY FOOD ESTABLISHMENTS, MOBILE FOOD UNITS AND ROADSIDE FOOD VENDORS; TO COMPLY WITH CURRENT, STATE LAWS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING • ORDINANCES OR RESOLUTIONS. 10.A.2. Consider an ordinance amending Chapter 1, Section 1.802 of the Round Rock Code of Ordinances adopting extended-hours for the sale of mixed beverages and beer. (First Reading) This item was addressed earlier in the meeting. 103.1. Consider an ordinance amending Chapter 11, Zoning, Code of Ordinances (1995)Edition regarding the following: (a) DU care facilities; (b) Height of buildings; (c) Landscape plans; (d) Amending the Industrial District to include"non-polluting industries" and 90 .TUNE 26, 2003 to include location criteria for industrial development; (e) Amending and adding definitions; and (fl "Waste related service" as a permitted use in the LI(Light Industrial) district. A public hearing was held for this item earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.306, 11.413, 11.414, 11.415, 11.423, 11.501, AND 11.802, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND • ROCK, TEXAS, TO REMOVE "WASTE-RELATED SERVICE" USE FROM THE INDUSTRIAL ZONING DISTRICT AND ADD IT TO THE LIGHT INDUSTRIAL ZONING DISTRICT WITH SUPPLEMENTARY USE STANDARDS; AMEND THE INDUSTRIAL DISTRICT PURPOSE STATEMENT AND DESIGN STANDARDS; INCREASE THE NUMBER OF STORIES FOR A BUILDING IN THE PUBLIC FACILITIES ZONING DISTRICT; INCREASE THE SQUARE FOOTAGE OF DAY CARE FACILITIES IN LOCAL COMMERCIAL AND OFFICE ZONING DISTRICTS; REQUIRE LANDSCAPE PLANS BE PREPARED AND SEALED BY A REGISTERED LANDSCAPE ARCHITECT; AMEND THE DEFINITIONS OF "ABUTTING" AND "WASTE-RELATED SERVICE" AND ADD "NON- POLLUTING INDUSTRIES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight- Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson None Absent: Mayor Maxwell 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 Rhode seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.B.2. Consider an ordinance annexing 10.059 acres out of the Samuel Jenkins Survey. • (High Country Standpipe) (First Reading) Joe Vining, Planning Director made the staff presentation. This tract lies southeast of High Country Boulevard,between Flower Hill Drive and High-Point Drive. The purpose of this annexation is to establish city services for the existing water storage standpipe. ORDINANCE NO. 9; 1; JUNE 26, 2003 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 10.059 ACRES OF LAND OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE FUTURE INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING • FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell 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 • Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None - Absent: Mayor Maxwell ACTION: The motion carried unanimously. 103.3. Consider an ordinance adopting original zoning of District PF (Public Facilities) for 10.059 acres out of the Samuel Jenkins Survey. (High Country Standpipe) (First Reading) A public hearing was held for this item earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN'SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 • EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 10.059 ACRES OF LAND OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS,AS DISTRICT PF (PUBLIC FACILITIES). MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode JUNE 26,2003 Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading,of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember McGraw seconded the motion. • VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember.Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The -motion carried unanimously. 10.B.4. Consider an ordinance annexing 47.413 acres out of the Willis Donaho Survey. (Old Settlers Park Tract A) (First Reading) Joe Vining,Planning Director made the staff presentation. This tract lies south of Kiphen Road (a.k.a. County Road 113) and west of County Road 122. The purpose of this annexation is to establish city services,police and fire for the extension of Old Settlers Park. • ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 47.413 ACRES OF LAND OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE FUTURE INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember Knight moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Rhode seconded the motion. gill JUNE 26,2003 VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. • 10.13.5. Consider an ordinance adopting original zoning of District OS (Open Space) for 47.413 acres out of the Willis Donaho Survey. (Old Settlers Park Tract A) (First Reading) A public hearing was held for this item earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 47.413 ACRES OF LAND OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN ROUND ROCK,WILLIAMSON COUNTY, TEXAS,AS DISTRICT OS (OPEN SPACE). MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell F: ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.B.6. Consider an ordinance annexing 1.698 acres out of the Willis Donaho Survey. (Old Settlers Park Tract B) (First Reading) Joe Vining, Planning Director made the staff presentation. This tract is located at the southwest corner of Kiphen Road (a.k.a. County Road 113) and County Road 122. The purpose of this annexation is to establish city services,police and fire for the extension of Old Settlers Park. 94 JUNE 26, 2003 ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 1.698 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE FUTURE INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; • PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Coe • seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.B.7. Consider an ordinance rezoning .2107 acres out of the Wiley Harris Survey from District SF-2 (Single Family-Standard Lot)to District C-2 (Local Commercial). (405 W. Main Street) (First Reading) A public hearing was held for this item earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND • ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE .2107 ACRES OF LAND, MORE OR LESS, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) TO DISTRICT C-2 (LOCAL COMMERCIAL). MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw 95 JUNE 26,2003 Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. • MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.B.8. Consider an ordinance rezoning .4222 acres out of the Wiley Harris Survey from District SF-2 (Single Family-Standard Lot) to District C-2 (Local Commercial). (106 and 110 S. Harris Street) (First Reading) A public hearing was held for this item earlier in the • meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE .4222 ACRES OF LAND, MORE OR LESS, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) TO DISTRICT C-2 (LOCAL COMMERCIAL). MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt 9 6' JUNE 26, 2003 Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.B.9. Consider an ordinance rezoning 25.26 acres out of the Jacob M. Harrell Survey and the David Curry Survey from District LI(Light Industrial)to District I (Industrial). ("Tract • A") (First Reading) A public hearing was held for this item earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 25.26 ACRES OF LAND OUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO DISTRICT I (INDUSTRIAL). MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: _Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. • 10.B.10. Consider an ordinance rezoning 6.260 acres out of the Jacob M. Harrell Survey from District LI(Light Industrial) to District I(Industrial). ("Tract B") (First Reading) A public hearing was held for this item earlier in the meeting. ORDINANCE NO; AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), .CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A 97 JUNE 26, 2003 PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: 'TO REZONE 6.260 ACRES OF LAND, MORE OR LESS, OUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL)TO DISTRICT I(INDUSTRIAL). MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Pitt seconded the motion. • VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell 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 Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.13.11. Consider an ordinance rezoning 2.369 acres out of the Jacob M. Harrell Survey from District LI(Light Industrial)to District I(Industrial). ("Tract C") (First Reading) A public hearing was held for this item earlier in the meeting. ORDINANCE NO.. . . . AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP,-TO WIT: TO REZONE 2.369 ACRES OF LAND, MORE OR LESS, OUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO DISTRICT I(INDUSTRIAL). MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember • McGraw seconded the motion. VOTE: Ayes: Councihnember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. , 9. 8 JUNE 26,2003 MOTION: Councilmember McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.B.12. Consider an ordinance rezoning 2.177 acres out of the Jacob M. Harrell Survey from District LI(Light Industrial)to District I(Industrial). (Centex Machining Subdivision, "Tract D") (First Reading) A public hearing was held for this item earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 2.177 ACRES OF LAND, MORE OR LESS, OUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO DISTRICT I(INDUSTRIAL). . MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw "Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell 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 Rhode seconded the motion. VOTE: Ayes: Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.13.13. Consider an ordinance rezoning 16.366 acres out of the Jacob M. Harrell Survey from District LI(Light Industrial) to District I (Industrial). (Creekside Industrial Park JUNE 26,2003 Subdivision, "Tract E") (First Reading) A public hearing was held for this item earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A • PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 16.366 ACRES OF LAND, MORE OR LESS, OUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO DISTRICT I(INDUSTRIAL). MOTION: Councilmember Pitt moved to`adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell 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 Rhode seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. *10.C.1. Consider an ordinance amending the 2002-2003 Hotel Occupancy Tax Budget. (Second Reading) This item was approved under the-consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE 2002-2003 HOTEL OCCUPANCY TAX BUDGET. • 10.C.2. Consider an ordinance approving Amendment No. 1 to the 2002-2003 Operating Budget. (First Reading). This item was addressed earlier in the meeting. ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO. 1 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2002-2003. RESOLUTIONS: 1 G0: JUNE 26,2003 *11.A.1. Consider a resolution authorizing the Mayor to execute a revised engagement letter with Paul Hornsby& Company for professional appraisal services for right-of-way acquisitions for the Gattis School Road project. This item was approved under the consent agenda. RESOLUTION NO. . WHEREAS, the City of Round Rock has previously entered into an agreement with Paul • Hornsby& Company for appraisal services regarding right-of-way acquisition for the Gattis School Road Project, and WHEREAS, Paul Hornsby&Company has submitted a revised letter of agreement to include additional appraisal services, and WHEREAS, Council desires to enter into said revised letter of 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 revised letter of agreement with Paul Hornsby& Company for the Gattis School Road Project, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June 2003. *11.A.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with South Round Rock Creek Partners for the purchase of right-of-way for the A.W. Grimes • Boulevard project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.07 acre tract of land for additional right-of- way for the A.W. Grimes Blvd. Project, and WHEREAS, South Round Rock Creek Partners, 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 South Round Rock Creek Partners, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter.551, Texas Government Code, as amended. RESOLVED this 26th day of June 2003. *11.B.1. Consider a resolution authorizing the closing of a portion of Round Rock • Avenue and a portion of East Main Street on July 4 2003 for the Annual Frontier Days parade This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Frontier Days Corporation has requested that a portion of Round Rock Avenue from I11-35 to North Mays Street, and a portion of East Main Street from North Mays Street to 1000 East Main Street, be closed for the annual Frontier Days Parade on July 4, 2003, from 9:30 a.m. to 11:30 a.m., and WHEREAS, the City Council wishes to grant said request,Now Therefore 10-1 JUNE 26,2003 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Round Rock Avenue and East Main Street be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June 2003. • l l.C.1. Consider a resolution authorizing the Mavor to execute a Software License and Service Agreement with Sympro, Inc. for investment portfolio software and maintenance. Cindy Demers, Finance Director made the staff presentation. The City's Investment Portfolio has continued to grow in relation to the number of investments and dollars. The investment portfolio software will provide automation to enhance reporting capabilities,provide more time for analysis, and will allow reports to be produced in a timelier manner. The total cost for this agreement would be$7,200.00 per year($600.00 per month). RESOLUTION NO. WHEREAS, the City has a need for technical consulting services for the installation and maintenance of investment portfolio software, and WHEREAS, SymPro, Inc. has submitted a Software License and Service Agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with SymPro, 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 Software License and Service Agreement with SymPro, Inc. for the installation and maintenance of investment portfolio software, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City,Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June 2003. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember McGraw seconded the motion. • VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember.Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 102 JUNE 26;2003 *1 LD.1. Consider a resolution authorizing.the Mayor to execute an Agreement for Engineering Services with K.C. Engineering, Inc. for the Country Aire Drive Sidewalk Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of the Country Aire Drive Sidewalk Project, and • WHEREAS, K.C. Engineering, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with K.C. Engineering, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with K.C. Engineering, Inc. for the design of the Country Aire Drive Sidewalk Project, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June 2003. 11.E.1. Consider a resolution authorizing the Mayor to execute a License Agreement with National Sign Plaza to establish a program to place signs in public rights-of-way to direct Prospective buyers to new homes and subdivisions. Joe Vining, Planning Director made the staff • presentation. Staff brings this license agreement in an effort to mitigate the problem of"bandit signs"in the right-of-way. RESOLUTION NO. WHEREAS, the City of Round Rock("City")prohibits the placement of signs in the public rights-of-way, and WHEREAS, the City recognizes that a need exists to direct prospective home buyers to new homes and subdivisions within the City, and WHEREAS, the City desires to establish a program whereby new homebuilders and new subdivisions may place signs in specified locations in City rights-of-way for the sole purpose of directing prospective buyers to new homes and subdivisions, and WHEREAS,National Sign Plaza("NSP") is in the business of erecting and maintaining such signs,and administering such a directional sign program, and WHEREAS,NSP and City staff have negotiated a License Agreement for Signs in City Rights-of-Way,which the Council wishes to approve,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a License Agreement for Signs in City Rights-of-Way with National Sign Plaza, a copy of same being attached hereto as Exhibit"A", and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary JUNE 26,2003 MOTION: Councilmember Coe moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. *11.17.1. Consider a resolution authorizing the Mayor to execute Change Order No. 3 with Commercial Consolidated for the construction of the East Water Transmission Line (Phase Il Improvements. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS,the City of Round Rock has previously entered into a contract("Contract") with Commercial Consolidated Inc. for the construction of the East Water Transmission Line (Phase I) Improvements, and WHEREAS, the Council has determined that it is necessary to make changes to the plans or specifications of the Contract due to unforeseen circumstances, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 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 Commercial Consolidated Inc. for the construction of the East Water Transmission Line (Phase I) Improvements, a copy of said change order being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open,to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon,all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June 2003., 1 LF.2. Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding regarding the widening of SH 29 in Georgetown. Tom Word, Chief of Public Works Operations made the staff presentation. The-City of Round Rock currently,has both of its 30"Raw Water Lines in the SH 29 right-of-way, one line on the North Side and the other on the South Side. TxDOT will be widening SH 29 in this area to accommodate the additional traffic that will be generated with the completion of the new Simon Property's Development South of • SH 29 at IH 35 in Georgetown. TxDOT has agreed to shift the improvements to SH 29 to the North, which allows the City of Round.Rock's South Side 30"Raw Water Line (RWL) to remain in place. The City will be required to relocate the North Side 30"Raw Water Line and remove the existing line. The cost savings in moving one line and not both lines is approximately $2,500,000.This Memorandum of Understanding outlines the project schedule, confirms TxDOT's agreement to move SH 29 improvements to the North,which allows the City's South 10 4 JUNE 26, 2 003 Side 30"RWL to remain in place. Georgetown authorizes Round Rock to relocate the North 30" RWL in the existing CR 265 right-of-way through an inter-local agreement. RESOLUTION NO. WHEREAS, Simon Property Group ("Simon") is in the process of acquiring a 103 acre site at the southwest corner of IH-35 and SH 29 on which to locate a pedestrian-oriented shopping center(the "Project"), and WHEREAS, Simon,the Texas Department of Transportation, the City of Georgetown, • and the City of Round Rock have engaged in several meetings to determine the respective duties and responsibilities of all parties relating to road improvements to IH-35 and SH 29 connection with the construction of the Project, and WHEREAS, in order to facilitate the expeditious development of the Project, the parties desire to outline their respective duties and responsibilities in a Memorandum of Understanding, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Memorandum of Understanding with the Simon Property Group, the City of Georgetown, and the Texas Department of Transportation, a copy of same 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 26th day of June 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Knight moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11.G.1. Consider a resolution authorizing the Mayor to execute an agreement with Whittlesev Landscape Supply and Recycling, Inc. for the sale of bulk mulch from the City Brush Recycling Center. Emsud Horozovic,Forestry Manager made the staff presentation. The City's Parks and Recreation Department,Urban Forestry Division has been operating the Brush Recycling Center since October 2000. After parks are mulched and mulch is given to residents, there are thousands of cubic yards of left over. Staff s research indicates an opportunity for the City to sell mulch wholesale to help off set the cost of operating the facility. RESOLUTION NO. WHEREAS, the City of Round Rock("City") desires to sell excess bulk mulch, and JUNE 26,2003 WHEREAS,the City has issued its invitation to bid and has selected the offer to buy submitted by Whittlesey Landscape Supplies &Recycling, Inc., and WHEREAS, the City Council desires to enter into an Agreement for Sale of Bulk Mulch with Whittlesey Landscape Supplies &Recycling, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Sale of Bulk Mulch with Whittlesey Landscape Supplies &Recycling, Inc., a copy of same being attached hereto as Exhibit"A"and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11.G.2. Consider a resolution authorizing the Mayor to execute an Ajreement for Consulting Services with Destination Development, Inc. for the development of a long-range tourism plan. Sharon Prete,Parks and Recreation Director made the staff presentation. Last September the Chamber, City and local tourism industry representatives began meeting to discuss present and future tourism opportunities. ,It soon became apparent that a long-range tourism plan was needed and that steps should be taken to hire a consultant to assist us in the development of the plan. The total cost for the Consulting Services would be $45,960.00, and the source of funds would be from the Hotel Occupancy Tax. A long-range plan will identify our strengths,weaknesses and opportunities. It will also establish priorities,provide a marketing • strategy and guide us in the appropriation of funds to support the plan. PP RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain consulting services for the development of a long-range tourism plan, and WHEREAS, Destination Development, Inc. 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 Destination Development, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, lots, AWE 26, 2003 That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services with Destination Development, Inc. for the development of a long-range tourism plan, a copy of same being attached hereto.as Exhibit"A" and incorporated herein for all purposes. The City Council hereby fmds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June 2003. • NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt - Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. *11.G.3. Consider a resolution authorizing the City Manager to issue a purchase order to • Allied Fence Company for the purchase of fencing material and shade cloths for the baseball fields at Old Settlers Park at Palm Valley. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of fencing material and shade cloths for the baseball fields at Old Settlers Park at Palm Valley, and WHEREAS, Allied Fence Company has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Allied Fence Company,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Allied Fence Company is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Allied Fence Company for the purchase of fencing material and shade cloths for the baseball fields at Old Settlers Park at Palm Valley. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 26th day of June 2003. 12.A. Consider 4 appointments to the Planning and Zoning Commission. 12.B. Consider 6 appointments to the Zoning Board of Adiustments. 12.C. Consider 3 appointments to the Historic Preservation Commission. 12.D. Consider 4 appointments to the Community Development Commission 12.E. Consider 3 appointments to the Round Rock Housing Authority. JUNE 26,2003 107 12.F. Consider 5 appointments to the Building Standards Commissions. 12.G. Consider 4 appointments to the Ethics Review Commission. MOTION: Councilmember Pitt moved to table items 12.A. through 12.G. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 12.H. Consider 1 appointment to fill unexpired terms on the Round Rock Industrial Development Board of Directors. This five-member board serves a two-year term. Members must be current City Council members. This board is a non-profit entity. It is to promote and develop commercial, industrial, and manufacturing enterprises and encourage employment and the public welfare. Mayor Pro-tem Nielson opened the floor for nominations. Councilmember Rhode was nominated. • MOTION: Councilmember McGraw moved that nominations cease and to appoint Councilmember Rhode to the Round Rock Industrial Development Boards of Directors by acclamation. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 12.I. Consider 1 appointment to the Round Rock Health Facilities Board of Directors. This five-member board serves a two-year term. Members must be current City Council • members. This board is a non-profit entity. It is to promote and develop new, expanded or improved health facilities in order to assist the maintenance of public health and the public welfare. Mayor Pro-tem Nielson opened the floor for nominations. Councilmember Rhode was nominated. 1 0 JUNE 26,2003 MOTION: Councilmember McGraw moved that nominations cease and to appoint Councilmember Rhode to the Round Rock Health Facilities Boards of Directors by acclamation. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 12.J. Consider 5 appointments to the Round Rock Housing Finance Board of Directors. This five-member board, which serves a two-year term, is composed of City Council members. The .Corporation is a non-profit entity, which provides financing for residential ownership and development that will provide decent, safe and sanitary housing for persons of low and moderate income. Current members of the board whose term has expired are Nyle Maxwell, Tom Nielson, Alan McGraw, Scot Knight and Gary Coe. Mayor Pro-tem Nielson opened the floor for nominations. MOTION: Councilmember McGraw moved to re-appoint the current members to the Round Rock Housing Finance Boards of Directors by acclamation. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 9:53 p.m. Re ectfully Submitted, • Christine.R. Martinez, City Secretary 10 9� JULY 10,2003 The Round Rock City Council met in Regular Session on Thursday, July 10, 2003, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom • Nielson, Councilmember Carrie Pitt, Councilmember Scott Rhode and Councilmember Gary Coe. Councilmember Alan McGraw and Councilmember Scot Knight were absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Terri Waggoner,Parks and Recreation Department, invited the Council and residents of Round Rock to "Movies in the Park",which will take place during the week of July 14-18, 2003. Carl Weeks, 1500 Greenfield, spoke against extending the hours for the sale of alcoholic beverages. Mr. Weeks briefly outlined information he had researched which showed that extending the hours for selling alcoholic beverages would only increase an unsafe situation for citizens in the City. • Manouch Ziari, 2023 N. Mays, expressed his appreciation of how America is helping the people of Iraq attain their freedom and justice. He asked for continued support from America for the individuals who live in Iraq. PRESENTATIONS: 5.A.1. Consider a presentation concerning the recently completed session of the Texas Legislature. Randy Cain and Susan Rocha,the City's legislative lobbyist gave an update on the recently completed session of the Texas Legislature. Ms. Rocha gave an overview of the bills that were approved by the Legislature. Mr. Cain gave an overview of bills that were very important to Round Rock. PUBLIC HEARINGS: 6.A.1. Consider public testimony concerning_granting a partial exemption from ad valorem • taxes for certain qualified historically significant properties located in the city limits of Round Rock. Joe Vining,Planning Director made the staff presentation. The partial tax exemption program was created in 1988. The program encourages owners of historic properties to use money saved on taxes to provide regular maintenance and/or repair to their structures. The overall benefit to Round Rock is the long-term preservation of the city's historic resources. Under the program,property owners receive a 75% exemption on city property taxes. The program does not exempt county or school district taxes. 11 JULY 10,2003 On May 24, 2003,the Historic Preservation Commission recommended approval of partial tax exemptions for 54 historic properties. All applications met the criteria for preservation and maintenance according to Section 11.316(7) of the City of Round Rock Zoning Ordinance. The City will forego $33,163 in municipal property tax revenue due to the partial tax exemption program. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. CONSENT AGENDA: All the 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 on any of these items and no items were removed from the consent agenda. *8.A. Consider approval of the City Council minutes for the June 26, 2003 Regular Session. *9.B.1. Consider an ordinance approving Amendment No. Ito the 2002-2003 Operating Budget. (Second Reading) *9.C.1. Consider an ordinance amending Chapter 3, Section 3.1007 (1) of the Round Rock Code of Ordinances (1995 Edition) to designate the City Engineer as the Floodplain • Administrator. (First Reading) *10.A.l. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 with Chiang,Patel &Yerby, Inc. for the realignment and reconstruction of CR 113 from FM 1460 to the abandoned MKT Railroad right-of-way. (Kiphen Road,Phase I Pro'ect *10.A.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 Chiang,Patel &Yerby, Inc. for the reconstruction of Kiphen Road from the old MKT Railroad right-of-way to CR 122. (Kiphen Road, Phase II Project) *10.C.1. Consider a resolution authorizing the Mayor to execute an Agreement with Todd Publications, Inc., d.b.a. Round Rock Leader, for publication of official city notices. *10.D.l. Consider a resolution approving a reimbursement to Wilshire/Hearthstone • Venture I, L.P. and Pulte Homes of Texas, L.P. for the cost of oversizing water mains associated with the Sonoma, Section 6 development. *10.D.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with Espey Consultants, Inc. for the study of Onion Branch stormwater drainage in the vicinity of The Hermitage. JULY 10, 2003 *10.F.1. Consider a resolution authorizing the City Manager to issue a purchase order to Newman Tile, Inc. for the remodel of the bathroom at the Central Fire Station. MOTION: Councilmember Rhode moved to approve all the items listed in the consent agenda. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw Councilmember Knight ACTION: The motion carried unanimously. *8.A. Consider approval of the City Council minutes for the June 26, 2003 Regular Session. This item was approved under the consent agenda. 9.A.1. Consider an ordinance granting a partial exemption from ad valorem taxes for certain qualified historically significant properties located within the city limits of Round Rock. (First Reading) A presentation was made on this item during the public hearing which was held earlier in the meeting. ORDINANCE NO. • AN ORDINANCE GRANTING A PARTIAL EXEMPTION FROM AD VALOREM TAXES FOR CERTAIN QUALIFIED HISTORICALLY SIGNIFICANT PROPERTIES LOCATED WITHIN THE CITY LIMITS OF ROUND ROCK, TEXAS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw Councilmember Knight 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 C.ouncilmembers present and adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw Councilmember Knight 11'. 2, JULY 10, 2003 ACTION: The motion carried unanimously. *9.B.1. Consider an ordinance approving Amendment No. 1 to the 2002-2003 Operating Budget. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO. 1 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2002-2003. *9.C.1. Consider an ordinance amending.Chapter 3, Section 3.1007 (1) of the Round Rock Code of Ordinances (1995 Edition) to designate the City Engineer as the Floodplain Administrator. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 3, SECTION 1.1007(1) TO DESIGNATE THE CITY ENGINEER AS THE FLOODPLAIN ADMINISTRATOR; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 9.D.1. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances (1995 Edition) amending school speed zones. (First Reading) This item was withdrawn from the agenda at the request of staff. RESOLUTIONS: • *10.A.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 with Chiang,Patel &Yerby, Inc. for the realignment and reconstruction of CR 113 from FM 1460 to the abandoned MKT Railroad right-of-way. (Kiphen Road, Phase I Project) This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services 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(Kiphen Road Phase I Project), and WHEREAS, Chiang, Patel & Yerby, Inc. has submitted Supplemental Agreement No. 4 to the Agreement for Engineering Services to provide for the relocation of Kiphen Road, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 4 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. 4 to the Agreement for Engineering Services with Chiang, Patel & Yerby, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of July, 2003. 11. 3 JULY 10,2003 *10.A.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 Chiang,Patel &Yerby, Inc. for the reconstruction of Kiphen Road from the old MKT Railroad right-of-way to CR 122. (Kiphen Road, Phase II Project) This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Chiang, Patel & Yerby, Inc. for the preparation of schematics, environmental documents, plans specifications, and estimates (PS&E) for the reconstruction of Kiphen Road from the old MKT Railroad Right of Way to CR 122 (Kiphen Road Phase II Project), and WHEREAS, Chiang, Patel & Yerby, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services to provide for revisions to accommodate the addition of an 8" wastewater line along Kiphen Road, 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 the Agreement for Engineering Services with Chiang, Patel & Yerby, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of July, 2 . RE 003. 10.13.1. Consider a resolution authorizing the Mayor to execute an Addendum to Interlocal Agreement for In School Officers, Fiscal Year 2002-03,with the Round Rock Independent School District. Paul Conner, Chief of Police made the staff presentation. The City has in place an Interlocal agreement through which the City and the Round Rock Independent School District share the cost of maintaining in-school officers as part of the Police Department's School Resource Officer Program. While the City and School District has informally agreed to a cost-share arrangement for 2002-2003, this addendum formalizes that agreement as well as the payment for the coming school year. Under the terms of the addendum, the school district will pay$223,666.00 of the cost of maintaining these officers for 2002-2003. The difference in cost relates to start-up equipment for one grant-funded officer that appears in 2002-2003. • RESOLUTION NO. WHEREAS, the City has previously entered into an Interlocal Agreement for In School Officers ("Agreement") with the Round Rock Independent School District ("School District") to provide for the reimbursement of salary and benefits expenses for In School Officers, and WHEREAS,the City wishes to enter into an Addendum to the Agreement providing for a cost-sharing arrangement between the City and,the School District for Fiscal Year 2002-2003, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City.an Addendum to the Interlocal Agreement for In School Officers for Fiscal Year 2002-2003, a copy of same being attached hereto as Exhibit"A", and incorporated herein for all purposes. 114 JULY I0, 2003 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas.Government Code, as amended. RESOLVED this 10th day of July, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember McGraw Councilmember Knight ACTION: The motion carried unanimously. *10.C.1. Consider a resolution authorizing the Mayor to execute an Agreement with Todd Publications, Inc., d.b.a. Round Rock Leader, for publication of official city notices. This item was approved under the consent.agenda. • 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 Todd Publications, Inc. dba Round Rock Leader to provide the required services at its normal and usual rates, a copy of said agreement being attached hereto as Exhibit"A"and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by • the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of July, 2003. *10.D.1. Consider a resolution approving a reimbursement to Wilshire/Hearthstone Venture I, L.P. and Pulte Homes of Texas, L.P. for the cost of oversizing water mains associated with the Sonoma, Section 6 development. This item was approved under the consent agenda. RESOLUTION NO. x , - 1115. JULY 10,2003 WHEREAS, §8:610(4) Code of Ordinances (1995 Edition) provides for the reimbursement for the oversizing of water mains, and WHEREAS, Wilshire/Hearthstone Venture I, L.P. and Pulte Homes of Texas, L.P. have submitted a reimbursement request for the oversizing of water mains associated with the Sonoma, Section 6 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/Hearthstone Venture I, L.P. and Pulte Homes of Texas, L.P. of$3,411.20, which is the cost of oversizing water mains associated with the Sonoma, Section 6 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-10th day of July, 2003. *10.D.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with Espey Consultants, Inc. for the study of Onion Branch stormwater drainage in the vicinity of The Hermitage. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Espey Consultants, Inc. for the Study of Onion Branch stormwater drainage in the vicinity of The Hermitage, and WHEREAS, Espey Consultants, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services for a change in the scope of services, and • WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Espey Consultants, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Engineering Services with Espey Consultants, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of July, 2003. 10.D.3. Consider a resolution.authorizing the Mayor to execute an Agreement for Engineering Services with Espey Consultants, Inc. for the Hester's Crossing Channel Improvements Project. Tom Word, Chief of Public Works Operations made the staff presentation. An open channel exists just west of Rawhide Drive between Hester's Crossing and Old West Drive that has experienced significant erosion to the point that abutting properties are being adversely affected. The agreement will provide necessary engineering for the design of channel improvements to restore the existing drainage channel and prevent continued erosion. and for necessary permitting through regulatory agencies. The total cost of the agreement is $44,310. RESOLUTION NO. JULY 10,2003 WHEREAS, the City of Round Rock desires to retain engineering services for the design of the Hester's Crossing Channel Improvements Project, and WHEREAS, Espey Consultants, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Espey Consultants, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Espey Consultants, Inc. for the design of the Hester's Crossing Channel Improvements Project, a copy of said agreement being attached hereto as Exhibit"A".and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of July, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember McGraw Councilmember Knight ACTION: The motion carried unanimously. 10.D.4. Consider a resolution authorizing the Mayor to execute an Standard Form of Agreement between Owner and Architect with HKS, Inc. for the Design of Stadium Expansion at the Dell Diamond/United Heritage Convention Facility. Larry Madsen, Construction Manager made the staff presentation. HKS, Inc designed the original plans for the Dell Diamond. This agreement would provide additional seating for the ballpark and the expansion of the entrance gate near the right field area. The total cost of this agreement is $97,500. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services • for the design of the stadium expansion at the Dell Diamond/United Heritage Convention Facility, and WHEREAS, HKS, Inc. has submitted a Standard Form of Agreement Between Owner and Architect("Agreement")to provide said services, and WHEREAS, the City Council desires to enter into said Agreement, with HKS, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Standard Form of Agreement Between Owner and Architect with HKS, Inc. for the design of the stadium expansion at the Dell Diamond/United Heritage Convention Facility, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. 117 JULY 10,2003 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of July, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember McGraw Councilmember Knight ACTION: The motion carried unanimously. 10.E.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Camp Dresser &McKee for Phase I design of the relocation of a 30" • raw water line at SH 29 and CR 265. Tom Clark, Director of Utilities made the staff presentation. The raw water line needs to be relocated because of the widening of State Highway 29 in Georgetown. The water line is currently located in the Texas Department of Transportation's (TxDOT)right of way. The Phase I engineering services will include preliminary design, and alignment, environmental assessments, archeological investigation, geological assessments,right-of-entry documentation, identify required easements, design survey,property survey and estimated construction cost. The Phase II scope of engineering services will be to complete the design of approximately 5,400 linear feet of 42-inch water line and remove the existing 30-inch water line in SH 29, including bidding and construction services. The Phase H services will be done under a Supplemental Agreement to this contract, which will require Council authorization. Estimated Phase II engineering cost is $143,000.00. At this time the estimated construction cost is $1,644,600,which puts the total engineering services fee at 12%. The cost for Phase I engineering services will be$53,800.00. In response to Councilmember Rhode's,question,Tom Clark outlined the process that is taken to select the engineer. Councilmember Coe asked staff to,"keep in mind"the local businesses for projects. He asked that these businesses be contacted because business.retention is very important to the City. 11: . JULY 109'2003 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for Phase I design of the relocation of a 30" raw water line at SH 29 and CR 265, and WHEREAS, Camp Dresser & McKee has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Camp Dresser & McKee,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Camp Dresser & McKee for Phase I design of the relocation of a 30" raw water line at SH 29 and CR 265, 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 w1lich this Resolution and the subject matter hereof were discussed, considered and formally acted Upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as ameli(Iod. RESOLVED this 10th day of July, 2003. NYU MAXWELL,, Mayof City of Round Rock, Texas" ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember McGraw Councilmember Knight ACTION: The motion carried unanimously. *10.F.1. Consider a resolution authorizing the City Manager to issue a purchase-order to Newman Tile, Inc. for the remodel of the bathroom at the Central Fire Station. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the remodel of the bathroom at the Central Fire Station, and WHEREAS,Newman Tile, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council.wishes to accept the bid of Newman Tile, Inc., Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Newman Tile, Inc. is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Newman Tile, Inc. for the remodel of the bathroom at the Central Fire Station. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED tlis 10th day of July, 2003. 10.6.1. Consider a resolution authorizing the Mayorto make the necessary grant 11. 9 ' JULY 10, 2003 application to the Texas Forest Service for a grant to fund an Arborist position. Emsud Horozovic,Forestry Manager made the staff presentation. The Parks and Recreation Department have received several grants from Texas Forest Service over the last three years. Previous grants have helped fund the Forester position and establishment of the tree nursery. This grant will be used to help offset the cost of an Arborist for the Parks and Recreation Department. The • Arborist is in a new program that has been submitted in the 2003-2004 budget totaling $71,863.00. The total cost of this position would be$20,000.00.7he Arborist will implemelit numerous programs such as: Neighbor Woods (street trees planting in neighborhoods), street tree routine maintenance, and educational programs in our schools. Additionally the Arborist will lend support by assuming some duties currently done.by the Urban Forester. 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 $20,000.00 for- the purpose of funding an Arborist position,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 cash and/or"in-kind" services as described in the grant application. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 July, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 12. 0, JULY 10,2003 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro'-Wth Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None • Absent: Councilmember McGraw Councilmember Knight ACTION: The motion carried unanimously. APPOINTMENTS: I LA. Consider 4 appointments to the Planning and Zoning Commission. Mayor Maxwell opened the floor for nominations. Elaine Wray, Al Kosik, Sandy Arnold and Ray Thibodaux were nominated. MOTION: Mayor Pro-tem Nielson moved to appoint Elaine Wray,Al Kosik, Sandy Arnold, and Ray Thibodaux to the Planning and Zoning Commission. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember McGraw Councilmember Knight ACTION: The motion carried unanimously. 1 LB. Consider 6 appointments to the Zoning Board of Adjustments. Mayor Maxwell opened the floor for nominations. Rainer Ficken, Terry Hagood, Scott Kirtley, Keith Hickman, Dan Garcia and Joel Zeiner were nominated. MOTION: Councilmember Rhode moved to appoint Rainer Ficken as an alternate member, Terry Hagood as a regular member, Scott Kirtley as an alternate member,Keith Hickman as a regular member,Dan Garcia as a regular member, and Joel Zeiner as an alternate member to the Zoning Board of Adjustments. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember McGraw Councilmember Knight ACTION: The motion carried unanimously. 11.C. Consider 3 appointments to the Historic Preservation Commission. i JULY 10, 2003 Mayor Maxwell opened the floor for nominations. Ellen Macaulay, Lynn Smith, and Gary Brown were nominated. MOTION: Councilmember Pitt moved to appoint Ellen Macaulay and Lynn Smith to the Historic Preservation Commission and for Gary Brown to fill the unexpired term on the Historic Preservation Commission. Mayor Pro-tem Nielson seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Noes: None Absent: Councilmember McGraw Councilmember Knight ACTION: The motion carried unanimously. 1 LD. Consider 4 appointments to the Community Development Commission. Mayor Maxwell opened the floor for nominations. Rodney Howard, Martha Chavez, Karen Adair-Murphy, and Dina Schaefer were nominated. MOTION: Councilmember Rhode moved to appoint Rodney Howard, Martha Chavez, Karen Adair-Murphy and Dina Schaefer to the Community Development Commission. • Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember McGraw Councilmember Knight ACTION: The motion carried unanimously. 1 LE. Consider 3 appointments to the Round Rock HousingAuthority_ Mayor Maxwell opened the floor for nominations. Linda Martinez, Joe Allcorn, and Andy Martinez were nominated. MOTION: Mayor Pro-tem Nielson moved.to appoint Linda Martinez, Joe Allcorn and Andy Martinez to the Round Rock Housing Authority. Councilmember Coe seconded the • motion. VOTE: Ayes: Mayor.Pro-tem Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember McGraw Councilmember Knight ACTION: The motion carried unanimously. 11.F. Consider 5 appointments to the Building Standards Commissions. 12: 2. JULY 10,2003 Mayor Maxwell opened the floor for nominations. Brian Morrow,Martha Juch, Dwayne Agnew, Chuck Colvin and Dwayne Kostiha were nominated. MOTION: Councilmember Pitt moved to appoint Brian Morrow for a 2-year term, Martha Juch for a 2-year term,Dwayne Agnew for a 1-year term, Chuck Colvin for a 1-year term, and Dwayne Kostiha for a 2-year term on the Building Standards Commission. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember McGraw Councilmember Knight ACTION: The motion carried unanimously. 11.G. Consider 4 appointments to the Ethics Review Commission. Mayor Maxwell opened the floor for nominations. Monica Benoit-Beatty, David Adkins, Efrain Davila, and Steve Laukhuf were nominated. MOTION: Councilmember Rhode moved to appoint Monica Benoit-Beatty, David Adkins, Efrain Davila and Steve Laukhuf to the Ethics Review Commission. Councilmember • Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember McGraw Councilmember Knight ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:45p.m. Relpectfully Submitted, Christine R. Martinez, City Secretary 1 23 JULY 24;2003 The Round Rock City Council met in Regular Session on Thursday, July 24, 2003 in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell, Councilmember Alan • McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Mayor Pro-tem Tom Nielson was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Kenneth Snyder, 4406 North Ridge, Austin, expressed his concern regarding the water and wastewater situation in North Ridge Acres. PROCLAMATIONS: S.A. Consider a proclamation recognizing August 5, 2003 as the 20th Annual National Night Out in the City of Round Rock. Mayor Maxwell read the following proclamation and presented it to Paul Conner, Chief of Police. Whereas,the Round Rock Police Department and National Association of Town Watch • (NATW) is sponsoring a unique,nationwide crime and drug prevention program on August 5, 2003, called"National Night Out"; and Whereas,the 20th Annual National Night Out provides a unique opportunity for Round Rock to join forces with thousands of other communities across the country in promoting cooperative,police-community crime prevention and quality-of-life efforts; and Whereas, Citizens of Round Rock play a vital role in assisting the Police Department through joint crime and drug prevention efforts in Round Rock; and Whereas, it is essential that all citizens of Round Rock be aware of the importance of crime prevention programs and impact their participation can have on reducing crime, drugs and violence in Round Rock; and Whereas,police-community partnerships and neighborhood safety and awareness and cooperation are important themes of the National Night Out program, Now, Therefore, I,Nyle Maxwell,Mayor of the City of Round Rock, Texas do hereby proclaim August 5, 2003, as the 20th Annual National Night Out in the City of Round Rock, Texas, and urge all citizens to join with me in supporting this important night. Proclaimed this 24th day of July 2003. S.B. Consider a proclamation recognizing the Double R Charter Chapter of the American Business Women's Association for their 30 years of service to the community. Mayor • Maxwell read the following proclamation and presented it to Beth Carlile, representative of ABWA. Whereas,the American Business Women's Association(ABWA) is a national association of working women founded in 1949; and Whereas, the Double R Charter Chapter of the American Business Women's Association was chartered in August 1973; and Whereas, the ABWA was established to promote the professional, educational, cultural and social advancement of business women and exchange of ideas between Chapters and Sponsors of American Business Women's Day; and JULY 24,2003 Whereas, the Double R Chapter of the American Business Women's Association has spent the past 30 years accomplishing this goal by providing educational opportunities for it's members as well as scholarships for local high school and college students; and Whereas, the Round Rock City Council wishes to recognize the achievements and contributions of this worthy group of working women, Now, Therefore, I,Nyle Maxwell, Mayor of the City of Round Rock, Texas on behalf of the Round Rock City Council do hereby recognize and thank the Double R Chapter of the American Business Women's Association for the 30 years of outstanding support of education and the many contributions to our community. Proclaimed this 24th day of July 2003. PRESENTATIONS: 6.A.1. Consider a presentation by the American Heart Association regarding the establishment of a Public Access Defibrillation Program for the City. Jim Nuse, City Manager made the staff presentation. Recent advances in heart defibrillators have resulted in the development of new devices called automated external defibrillators (AEDs)which make it possible for trained lay rescuers to deliver defibrillation. The new AEDs are safe, effective, lightweight, low maintenance, easy to use and relatively inexpensive. Having trained lay rescuers equipped with AEDs in settings where large numbers of people congregate saves precious minutes and improves survival rates for cardiac arrest victims. Public facilities can benefit from obtaining AEDs and training employees to use them as part of a Public Access Defibrillation(PAD)Program. • Police Officer Andy McKinney showed a video of an incident in which he used an AED to help save an individual's life after the individual suffered a heart attack. Officer McKinney gave a partial demonstration of the AED adding that this piece of equipment would be very beneficial in Police vehicles. The cost of each AED is from$1,500 to $3,000 depending on the type. Also, the purchase of a large quantity would reduce the cost of each AED. Jenny Shield,representative of the American Heart Association responded to Council's question that it is possible to purchase this equipment with a matching grant. 6.B.1. Consider a presentation regarding amendments to Chapter 2 Animal Control of the Round Rock Code of Ordinances. Jim Nuse opened the staff presentation. The Police Department has been working with the Legal Department for several months to review and update the City's Animal Control Ordinance. • Chief Conner reported that the current animal control ordinance does little to help citizens who have certain problems who are irresponsible pet owners. Some of those problems include"backyard breeders"causing noise and odor complaints; dogs-sometimes in packs- running at large attacking people; and people who own multiple unvaccinated, unspayed or unneutered cats that can spread disease and contribute to the over population of feral cats. The JULY 24,2003 problems can be addressed by updating the City's existing ordinance. Major proposed updates include: • Limiting the number of dogs and cats per household, as well as livestock and fowl, • Clarifications of the lease law(particularly regarding tied-out animals), sanitation,noise, cruelty, animal care/safety, and dangerous animal provisions, • Updating the City's ordinance to reflect changes in Texas law. • Will Hampton, Communication Director reported that the public will be fully engaged on this issue. Formal meetings as well as information meetings will be held to listen to citizens and business concerns and suggestions for dealing with the problem. The City's mission is to provide for public safety of all of all the citizens and protect their quality of life. The first open house will be held at the public library on August 7th. Information for additional public meetings will be advertised on the City's website. PUBLIC HEARINGS: 7.A.1. Consider public testimony regarding amending Chapter 1, Section 1.802 of the Round Rock Code of Ordinances (1995 Edition)to adopt extended hours for the sale of mixed beverages and beer. Jim Nuse, City Manager made the staff presentation. This public hearing is to allow input from the public regarding a proposal to allow any person, firm or corporation • authorized to offer or sell alcoholic beverages within the city limits of Round Rock during late hours as authorized under the Alcoholic Beverage Code. Representatives from the Alcohol Beverage Commission were present to answer questions from the Council. Steve Sheets outlined the proposed ordinance and the state regulations regarding extended hours for the sale of alcoholic beverages. Title 4, Section 105.03 of the Texas Alcoholic Beverage Code is the relevant law covering hours of sale. That's where mixed beverage permit holders in counties with a population of 500,000 or more get the right to sell up to 2:00 a.m. seven days a week. Will Hampton reported that staff compiled data relating to the issue of extending drinking hours,which was provided to the Council. Mr. Hampton summarized the following. • The Round Rock Police Department has averaged 270 DWI arrests annually over • the past three years. Information that was provided to the Council included a report with more specific police activity data at the city's seven stand alone bars during the time period from 10:00 p.m. to 4:00 a.m. Overall call volume for that time period at the seven businesses is relatively low over the past year— 118 total calls for service. Of those calls, 12 resulted in arrest. • Staff reviewed 21 cities with a population of 40,000 and up located in counties with population of less than 500,000 to see what their laws are regarding extended hours. The following cities do not have extended drinking hours:Allen, Frisco, McKinney,Plano, Tyler and Abilene. The following do have extended drinking hours: Bryan, College Station,Missouri City, Sugar Land, Beaumont, 126 JULY 24, 2003 Port Arthur, Lubbock,Midland, Conroe, Corpus Christi, Amarillo, San Angelo, Victoria, Laredo and Wichita Falls. • Staff reviewed Texas and national statistics related to DWI. Charts that showed the number of DWI arrests in Texas broken down by hour of day was included in the information provided to the Council. So far, staff has been unable to find any study showing a direct correlation.between extended hours and number of DWI arrests. A study was found that showed DWI arrests increased as the density in outlets selling alcohol increases. The Council was also provided with a list of links to various DWI studies. • • Selling, serving or delivering alcoholic beverages to intoxicated persons is a crime punishable by a fine of$100 to $500 and up to one year in jail. Mayor Maxwell opened the public hearing. Matt Lacey, 1901 N. IH-35, of Castaways_ spoke in favor of extending the hours for selling alcoholic beverages. Colleen Johnson, 12207 Tanglewild Drive, Austin, of Partners in Round Rock spoke in favor of extending the hours for selling alcoholic beverages. Gary Welling, 11545 Spicewood Parkway, Austin, of GQ Billiards spoke in favor of extending the hours for selling alcoholic beverages. Frank Calcagni, 1103 N. Wonder Drive, of Roadhouse Inn spoke in favor of extending the hours for selling alcoholic beverages. • David Martin, 1.104 Green Meadow Drive, spoke against extending the hours for selling alcoholic beverages. Betty Weeks, 1500 Greenfield, spoke against extending the hours for selling alcoholic beverages. Penelope Wigton, 1815 Gunsight Drive, spoke against extending the hours for selling alcoholic beverages. Tina Cook, 206 Evergreen Circle, spoke against extending the hours for selling alcoholic beverages. Carl Weeks, 1500 Greenfield, spoke against extending the hours for selling alcoholic beverages. Steve Laukhuf, 1705 Southeastern Trail, representative of the residents in Greenlawn • Place spoke against extending the hours for selling alcoholic beverages. Kevin Welling, 11545 Spicewood Parkway, Austin, spoke in favor of extending the hours for selling alcoholic beverages. Allan Reagan, 525 Round Rock West Drive, spoke against extending the hours for selling alcoholic beverages. . . _ JULY 24, 2003 127 Earl Follis, 3808 Forest Creek Drive, spoke in favor of extending the hours for selling alcoholic beverages. Dina Schaefer, 2005 Elder Way, spoke in favor of extending the hours for selling alcoholic beverages. There being no further testimony, the public hearing was closed. • CONSENT AGENDA: All the 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 on any of these items. Item 1 LA.1. was removed from the consent agenda and addressed in its normal sequence of the agenda. *9.A. Consider approval of the City Council minutes for the July 10, 2003 Regular Session. *10.C.1. Consider an ordinance amending Chapter 3, Section 3.1007 (1) of the Round Rock Code of Ordinances (1995 Edition)to designate the City Engineer as the Floodplain Administrator. (Second Reading • *1 LA.1. Consider a resolution authorizing the Mayor to execute a Retail Advertising Contract with the Austin American-Statesman for advertising and publication of public notices. *1 LB.1. Consider a resolution approving the issuance of$3,420,000 Fern Bluff Municipal Utility District Waterworks and Sewer System Combination Unlimited Tax and Revenue Refunding Bonds, Series 2003. *11.C.1. Consider a resolution authorizing the Mayor to execute an Annual Purchasing Agreement for Pool Chemicals with DCP Industries, Inc. for the purchase of liquid chlorine and muratic acid for the sanitation of the City's swimming pools. *1 LD.1. Consider a resolution authorizing the Mayor to execute a Real Estate.Contract with Linda Susan Stephens for the purchase of right-of-way for the Gattis School Road proiect. *I LF.1. Consider a resolution authorizing the Mayor to execute an Agreement for • Consulting Services with Ganner Associates, Inc. for proiect management for the implementation of a new computer-aided dispatch and records management system for the Police Department. *11.F.2. Consider a resolution authorizing the closing of a portion of Paradise Ridge Drive on August 5, 2003 for the Sonoma neighborhood block party for National Night Out. *11.F.3. Consider a resolution authorizing the closing of a portion of Jordan Lane on August 5, 2003 for the Rolling Ridge neighborhood block party for National Night Out. 12. V JULY 24,2003 *11.G.3. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services for Construction Materials Inspection and Testing for the PARD Yardsite with Professional Service Industries, Inc. *11.G.4. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with STR Constructors,LTD for the construction of the Parks and Recreation Department Service Yardsite. • *1 LH.1. Consider a resolution authorizing the Mavor to execute Supplemental Agreement No. 3 with Chiang,Patel &YerbL Inc. for the design of box culverts under R.M. 620 at the Round Rock Hospital. MOTION: Councilmember Pitt moved to approval the items remaining on the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember McGraw Councilxnember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. • APPROVAL OF MINUTES: *9.A. Consider approval of the City Council minutes for the July 10, 2003 Regular Session. This item was approved under the consent agenda. ORDINANCES: 10.A.1. Consider an ordinance amending Chapter 1, Section 1.802 of the Round Rock Code of Ordinances (1995 Edition) adopting extended hours for the sale of mixed beverages and beer. (First Reading) Jim Nuse, City Manager made the staff presentation. This ordinance, if approved, will allow any person, firm or corporation authorized to offer or sell alcoholic beverages within the city limits of Round Rock during late hours as authorized under the Alcoholic Beverage Code. The Council had a lengthy debate on the pros and cons of extending the hours for the sale • of alcoholic beverages. Councilmember McGraw noted that if this ordinance was adopted he wants staff to bring back information and ideas for reducing the density of bars and what other cities are doing to address strips of bars. Also, if adopted staff is to bring back in 12 months from the effective date and- O-U iU&tLob of the ordinance a report on the results or statistics regarding DWIfi'ncidents prior to and after the ordinance went into effect. i 12 9: JULY 24,2003 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, SECTION 1.802 TO ADOPT EXTENDED HOURS FOR THE SALE OF MIXED BEVERAGES AND BEER; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember • Rhode seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Nays: Councilmember Coe Mayor Maxwell Absent: Mayor Pro-tem Nielson ACTION: The motion carried with 4 ayes and 2 nays. 103.1. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances (1995 Edition) amending school speed zones. (First Reading) Tom Word, Chief of Public Works Operations made the staff presentation. Over time, as new schools have been added,new school zone times have been established for each one,which has resulted in inconsistent, overlapping school zones, and sometimes inadequate coverage of school zone times • across the City. The coordination of different level schools and their school zone times will promote a safer environment for traffic entering and exiting campuses. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 9, SECTION 9.503 AMENDING SCHOOL SPEED ZONES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. *10.C.1. Consider an ordinance amending Chapter 3, Section 3.1007 (1) of the Round Rock Code of Ordinances (1995 Edition) to designate the City Engineer as the Floodplain Administrator. (Second Reading)This item was approved under the consent agenda. ORDINANCE NO,,, 130. JULY 24,2003 AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 3, SECTION 1.1007(1) TO DESIGNATE THE CITY ENGINEER AS THE FLOODPLAIN ADMINISTRATOR; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: *11.A.1. 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 removed from the consent agenda to be addressed at this point. Will Hampton, Communications Director made the staff presentation. The City regularly purchases advertising space in the Austin American-Statesman. This contract will ensure the City receives the lowest rate available for display and legal advertising. This service will provide a wider circulation of City notices. It is estimated the City will spend$63,000/year for these advertising services. 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 24th day of July, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember • y tuber McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. ISI JULY 24,2003 *11.B.1. Consider a resolution approving the issuance of$3,420,000 Fern Bluff Municipal Utility District Waterworks and Sewer System Combination Unlimited Tax and Revenue Refunding Bonds, Series 2003. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Cities of Austin and Round Rock have approved that one certain • Assignment of Agreement Concerning Creation and Operation of Fern Bluff Municipal Utility District and Agreement Regarding Wastewater Service (the"Agreement"), and WHEREAS, one of the responsibilities assumed by the City of Round Rock pursuant to the Agreement is the review and approval of bond issues proposed by Fern Bluff MUD, and WHEREAS, Fern Bluff MUD is proposing the issuance of approximately $3,420,000 in Waterworks and Sewer System Combination Unlimited Tax and Revenue Refunding Bonds Series 2003, and WHEREAS,based upon the City's review of the Preliminary Official Statement provided by Fern Bluff MUD,the City Council is willing to approve said bond issue,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the issuance by Fern Bluff MUD of approximately $3,420,000 in Waterworks and Sewer System Combination Unlimited Tax and Revenue Refunding Bonds Series 2003 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 24th day of July, 2003. *11.C.1. Consider a resolution authorizing the Mayor to execute an Annual Purchasing • Agreement for Pool Chemicals with DCP Industries, Inc. for the purchase of liquid chlorine and muratic acid for the sanitation of the City's swimmingpools. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has.duly..advertised:for bids for.the purchase of liquid chlorine and muratic acid for the sanitation of the City's swimming pools, and WHEREAS, DCP Industries, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of DCP Industries, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and_directed to execute on behalf of the City an Annual Purchasing Agreement for Pool Chemicals with DCP Industries, 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 24th day of July, 2003. *1 LD.1. Consider a resolution authorizing the Mayor to execute a Real.Estate Contract with Linda Susan Stephens for the purchase of right-of-way for the Gattis School Road project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.01 acre tract of land for additional right-of- way for the Gattis School Road Project, and F 13: 2: JULY 24,2003 WHEREAS, Linda Susan Stephens, 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 Linda Susan Stephens, 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 Cit Council hereby finds and declares that written notice of the date hour, lace Y Y , p and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and • the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of July, 2003. 11.E.1. Consider a resolution authorizing the Mayor to execute a Subrecipient Agreement with the Texas Engineering Extension Service for grant funding from the State Homeland Security Grant Program.. Keith Tanner,Fire Marshal/Emergency Management Coordinator.made the staff presentation. Staff recommended approval of this agreement with the Texas Engineering Extension Service (TEEX). The period for performance of this Agreement shall begin on July 1, 2003 and terminate March 31, 2005. The $150,748.00 received from this grant will improve the City of Round Rock's ability to respond to incidents involving Weapons of Mass Destruction. The City of Round Rock will be better prepared to handle incidents involving Weapons of Mass Destruction. • RESOLUTION NO. WHEREAS, the Texas Engineering Extension Service ("TEEX") has been awarded a State Homeland Security Grant Program from the U.S. Department of Homeland Security, Office of Domestic Preparedness, and WHEREAS,the City Council wishes to make application to the TEEX for a sub-grant for funds to improve the City's ability to respond to potential incidents involving Weapons of Mass Destruction, and WHEREAS, the City Council desires to enter into a Subrecipient Agreement to apply for said sub-grant funds,Now Therefore .BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Subrecipient Agreement with the Texas Engineering.Extension Service for funding from the State Homeland Security Grant 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 24th day of July, 2003. • NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt 133: JULY 24,2003 Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. *11.F.1. Consider a resolution authorizing the Mayor to execute an Agreement for • Consulting Services with Ganner Associates, Inc. for proiect management for the implementation of a new computer-aided dispatch and records management system for the Police Department. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City has a need for technical consulting services for project management for the implementation of a new computer-aided dispatch and records management system for the Police Department, and WHEREAS, Ganner Associates, Inc. has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Ganner Associates, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services with Garner Associates, Inc. for project management for the implementation of a new computer-aided dispatch and records management system for the Police Department, a copy of said agreement being attached hereto as Exhibit "A" and incorporated • herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as "required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 24th day of July, 2003. *11.F.2. Consider a resolution authorizing the closing of a portion of Paradise Ridi4e Drive on August 5, 2003 for the Sonoma neighborhood block party for National Night Out. This item was approved under the consent agenda. RESOLUTION.NO. WHEREAS, the Sonoma Homeowners Association has requested that a half a block of Paradise Ridge Drive north of its intersection with Fallen Leaf Lane be closed for a neighborhood block party for the annual National Night Out on August 5, 2003, from 6:00 p.m. to 10:00 p.m., and WHEREAS, the City Council wishes to grant said request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That Paradise Ridge Drive be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all,as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of July, 2003. *11.F.3. Consider a resolution authorizing the closing of a portion of Jordan Lane on August 5, 2003 for the Rolling Ridge neighborhood block party for National Night Out. This item was approved under the consent agenda. 13- 4 JULY 24,2003 RESOLUTION NO. WHEREAS, the Rolling Ridge Neighborhood Association has requested that the cul-de- sac of Jordan Lane north of its intersection with.Lydia Lane be closed for a neighborhood block party for the annual National Night Out on August 5, 2003, from 6:00 p.m. to 9:30 p.m., and WHEREAS,the City Council wishes.to grant said request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Jordan Lane be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting-was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of July, 2003. 11.G.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering eering Services with Page Southerland Page, L.L.P. for the Southwest Downtown District Utility and Street Improvements, Phase I Project. Larry Madsen, Construction Manager made the staff presentation. This project includes the design and construction plans for street, sidewalk, drainage, and sewer and water utilities for the area around the Municipal Office Complex in the Southwest Downtown Area. Improvements will be designed for sections of Brown, West Main, Bagdad, Florence, Harris and San Saba Streets. The total construction cost estimates for Phase 1,which is for infrastructure, is $3 million. The cost of the services will be $324,000.00. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain engineering services for the Southwest Downtown District Utility and Street Improvements, Phase I Project, and WHEREAS, Page Southerland Page, L.L.P. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Page Southerland Page, L.L.P.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That.the Mayor is hereby authorized and,directed to execute on behalf of the City an Agreement for Engineering Services with Page Southerland Page, L.L.P. for the Southwest Downtown District Utility and Street Improvements, Phase I Project, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of July, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe 135 JULY 24,2003 Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 11.G.2. Consider a resolution determining that "Competitive Sealed Proposal' is the delivery method, which provides the best value for the City for the construction of Fire Station • #6. Larry Madsen, Construction Manager made the staff presentation. Effective September 1, 2001, Texas Local Government Code Section 271.113 allows cities to use certain methods other than competitive bidding in entering into contracts for construction of facilities. One such method is "Competitive Sealed Proposals." Section 271.114 (a) mandates that the "governing body of an entity that is considering a construction contract using a method specified by Section 271.113 (a) other than competitive bidding must, before advertising, determine which method provides the best value for the government entity.". With the existing competitive market staff feels that the "competitive sealed proposal' would provide the best value for building this project. Provide master planning and construction plans for infrastructure in the Southwest Downtown area. The schedule for the completion of the Fire Station is 2004 and is currently on- line. • 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 Fir_a Station,#6 to,be built at 2919 Joe Dimaggio Boulevard, and WHEREAS, the statute requires that a project-by-project determination be made as to what method provides the best value for the governmental entity in relation to a particular project, and WHEREAS, the Council has determined that this project would be best served by utilizing the"Competitive Sealed Proposal"method, and WHEREAS, Texas Local Government Code, Section 271.114(a) mandates a time requirement that the "governing body of a governmental entity that is considering a construction contract using a method specified by Section 271.113(a) other than competitive bidding must, before advertising, determine which method provides the best value for the governmental entity," and WHEREAS, the City Council desires to comply with all requirements of the statute, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • In accordance with Texas Local Government Code §271.114(a), the Council has determined that "Competitive Sealed Proposal' is the delivery method,which provides.the best value for the City for construction of the referenced Fire Station#6. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 July,2003. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas 136 JULY 24,2003 CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember, McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. *11.G.3. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services for Construction Materials Inspection and Testing for the PARD Yardsite with Professional Service Industries, Inc. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City has a need for construction materials inspection and testing services for the Parks and Recreation Department service yardsite, and WHEREAS, Professional Services Industries, Inc. has submitted an Agreement for Consulting Services for Construction Materials Inspection and Testing Services for the PARD Yardsite, and WHEREAS, the City Council desires to enter into said agreement with Professional Services Industries, Inc.,Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services for Construction Materials Inspection and Testing Services for the PARD Yardsite with Professional Services Industries, Inc., a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of July, 2003. *11.G.4. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with STR Constructors,LTD for the construction of the Parks and Recreation Department Service Yardsite. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with STR Constructors, LTD for the construction of the Parks and Recreation Department • Service Yardsite, and WHEREAS, the Council has determined that it is necessary to make changes to the plans or specifications of the Contract due to unforeseen circumstances, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 1,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order.No. 1 to the Contract with STR Constructors, LTD for the construction of the Parks and Recreation Department Service Yardsite, 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 1. 3 7; JULY 24,2003 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all'as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of July, 2003. 11.G.5. Consider a resolution authorizing the Mayor to execute a contract with Haegelin Construction Co., LTD for the construction of a sewer line in Old Settlers Park at Palm Valley • for the soccer field concession/restroom facility. Larry Madsen, Construction Manager made the staff presentation. Sixteen bids were received and opened on July 15, 2003 for the construction of a sewer line in Old Settlers Park at Palm Valley for the soccer field concession/restroom facility. The lowest base bid was submitted by Haegelin Construction Co., Ltd of Austin in the amount-$127,150.50. The facility will be completed August 29th'2003. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of a sewer line in Old Settlers Park at Palm Valley for the soccer field concession/restroom facility, and WHEREAS, Haegelin Construction Co., LTD has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Haegelin Construction Co., LTD ,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a • contract with Haegelin Construction Co., LTD for the construction of a sewer line in Old Settlers Park at Palm Valley for the soccer field concession/restroom facility. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 July, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve .the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode , • Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. *11.H.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 with Chiang,Patel &Yerby, Inc. for the design of box culverts under R.M. 620 at the Round Rock Hospital. This item was approved under the consent agenda. RESOLUTION NO. 13 JULY 24,2003 WHEREAS, the City of Round Rock has previously entered into an Agreement 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. 3 to the Agreement for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 with Chiang,Patel&Yerby, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor.is hereby authorized and directed to execute on behalf of the City • Supplemental Agreement No. 3 to the Agreement for Engineering Services with Chiang, Patel & Yerby, Inc. 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 24th day of July, 2003. 1 LH.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering eering Services with Alliance-Texas Engineering Company, Inc. for traffic signal design at the intersections of Mays Street and Old Settlers Boulevard, and Mays Street and Texas Avenue. Tom Word, Chief of Public Works Operations made the staff presentation. Due to the expiration of the previous contract, a new contract will be needed with Alliance Texas. The engineer has agreed to perform the remaining signal design and coordination with the Texas Department of Transportation for$7,687.67. This amount is not an additional amount but is the remaining monies from the original contract. The cost will be $7,687.67 and funded by the Round Rock Transportation System Development Corporation. Completion of design and the eventual construction of signal at Old Settlers Boulevard and Mays Street and at Texas Avenue and Mays Street will provide safer venues for traffic. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of traffic signals at the intersection of Mays Street and Old Settlers Boulevard and Mays Street and Texas Avenue, and WHEREAS, Alliance-Texas Engineering Company has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Alliance-Texas Engineering Company,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is-hereby authorized and directed to execute on behalf of the City an • Agreement for Engineering Services with Alliance-Texas Engineering Company for the design of traffic signals at the intersection of Mays Street and Old Settlers Boulevard and Mays Street and Texas Avenue, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes.. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of July, 2003. NYLE MAXWELL, Mayor 13 JULY 24, 2003 ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. APPOINTMENTS: 12.A. Consider City Council confirmation of the appointment by,the City Manager to the Civil Service Commission. Jim Nuse, City Manager appointed Gisele Schaefer to the Civil Service Commission. The term of this appointment is 3 years. MOTION: Councilmember Coe moved to accept the appointment of Gisele Schaefer to the Civil Service Commission. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. COUNCIL COMMENTS: EXECUTIVE SESSION: 14.A. Executive Session as authorized by 051.071 Government Code,related to pending or contemplated litigation, to wit: Cause No. GN301204, American Veterans, Department of Texas, and Veterans of Foreign Wars,Department of Texas vs. City of Austin, City of Dallas, and The Honorable Gregg Abbott, Office of the Attorney General of Texas. • The Council entered into Executive Session at 10:25 p.m. and adjourned back into regular session at 10:34 p.m. ADJOURNMENT: There being no further business, the meeting adjourned at 10:35 p.m. R pectfully Submitted, Christine R. Martinez, City Secretary 1. 40 AUGUST 14,2003 The Round Rock City Council met in Work Session and Regular Session on Thursday, August 14, 2003 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER—6:00 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot • Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. PRESENTATIONS: 3.A.1. Consider a presentation regarding a draft ordinance prohibiting solicitation near intersections of major roadways. Jim Nuse, City Manager made the staff presentation. He outlined the process that will be taken to notify the public regarding the proposed ordinance that will prohibit solicitation near intersections of major roadways. Captain Tim Ryle reported that this ordinance is needed mainly for safety and fraud reasons. He pointed out the roadways that would be affected by this ordinance. Steve Sheets outlined specific sections of the proposed ordinance. 3.B.1. Consider a presentation by Black&Veatch Corporation regarding the Water and • Wastewater Cost of Service and Rate Design Study. David Kautz, Chief Financial Officer and Cindy Demers, Finance Director made the staff presentation. The Finance Department solicited proposals for a comprehensive Water and Wastewater Cost of Service and Rate Design Study in October 2002. Cindy Demers,Finance Director outlined the tools that were used to conduct the study. Lang Pierce of Black and Veatch made the following presentation regarding the study findings and recommendations to the Water and Wastewater Rate Model. He added that the recommendation does not include additions found in the study that will be done in the fall. Rate Study Overview • Rate Study Elements • Revenue and Revenue Requirements Forecast Cost of Service Analysis Rate Design • Project Deliverables Microcomputer Rate Model Rate Study Report and Presentation Revenue Sources • Sales Revenues • Fees 141 AUGUST 14, 2003 • Penalties • Interest Income • Other Miscellaneous Income Revenue Requirements • Operation and Maintenance Expense • Routine Capital Outlays • • Debt Service • Pay-A-You-Go Capital Funding • Transfers Key Financial Goals • Targeted Reserve Requirements (25% of Operation&Maintenance Expense) • Debt Service Coverage(125% of Debt Service) Ten-Year Utility Financial Operations • Overall Utility in Sound Financial Condition • Revenue Increases Are However Required: - Need for Water Capital Improvement Funding - Escalating LCRA/BRA Wastewater Charges - Wastewater Lines construction, Inspection, and Rehabilitations - Debt Service Coverage Ratio and Working Capital At this point Mr. Pierce outlined the Revenue Adjustments and Operating Cash Flow for Water and Wastewater combined. • Current Monthly Utility Rates • Water Rates Minimum Charge- $11.60 (5/8-inch) - Volume Charge- $1.91 per 1,000 gallon • Sewer Rates (Based on winter average usage) Minimum Charge- $8.60 (5/8-inch) Volume Charge- $1.89 per 1,000 gallon Rate Options • Water Conservation Rates Inverted Block Structure Seasonal Rates Base-Excess Use Rates • Wastewater Winter Averaging - Applicable to Residential - Transition Non-Residential to: • - 70% of Actual Water Usage - 80% of Actual Water Usage - 90%of Actual Water Usage Summary • Water No Revenue Increase Needed for 2004 Consider Conservation Rates • Wastewater 9%increase for 2004 14. 21 AUGUST 14,2003 Non-Residential Billings Moved to % of Actual Utility's Overall Financial Condition can be Maintained with Small Annual Revenue Adjustments—3.1% for 2004 Mr. Kautz concluded that the last increase of rates was in 1991. He also outlined a graph, which showed a comparison of rates to other cities. The work session adjourned at 6:45 p.m. • CALL REGULAR SESSION TO ORDER- 7:00 P.M. The meeting was called to order at 7:10 p.m. PLEDGE OF ALLEGIANCE ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. Mayor Maxwell dispensed with the order of the agenda and addressed the following item. 9.A.1. Consider a presentation of the official report from the Charter Review Commission. Jim Nuse, City Manager made the staff presentation. The Charter-Review • Commission met from March 12, 2003 to July 9, 2003. The Commission completed their review of the Charter and the Chairman will make a presentation on their recommendation. Chairman Robert Stluka introduced the Commission members who were present. He outlined the official report on the Commission's findings and proposed Charter amendments. There were 11 recommendations of which five were related to the City Manager, Assistant City Manager and Acting City Manager, four were housekeeping items and two items were in regard to Police Department disciplinary procedures. CITIZENS COMMUNICATIONS: Kenneth Snyder, 4406 North Ridge, Austin, expressed his concern regarding the water and wastewater situation in Northridge Acres. John Moman, 1701 Johnson Way, reported that the soccer facility building has been • completed including the wastewater line. This project is moving forward rapidly and is ahead of schedule. The facility will be ready for the soccer season. Mr. Moman also invited everyone to ribbon cutting of Chisholm Trail Crossing statuary . September 4, 2003 at 6:00 p.m. Raymond Schaaf, 905 Blue Jay Way, expressed his concern on noise pollution from the railroad. He submitted a petition from area residents who are asking for the City's help and 14: 3. AUGUST 14,2003 support to address this concern. He also asked staff to coliduct a survey on the speed limits for the trains that travel through the City. PROCLAMATIONS: 8.A. Consider a proclamation declaring the'rjionth of August as "Breast-Feeding Month". Mayor Maxwell read the following proclamiition and presented it to a representative of • the Williamson County& Cities Health District. Whereas,the health of all the people in Williamson County is linked to the health of people throughout the world; and Whereas,the Williamson County& Cities Hel'ilth District's Women, Infants and Children (WIC)program takes this occasion to educate, inform!and encourage breast-feeding for babies and regular health care for breast-feeding mothers and babies; and Whereas,the Williamson County&Cities Health District's WIC mission is focused on improving the nutritional status of low and moderate income women, infants, and children by providing foods and nutrition and breast-feeding education; and Whereas, the WIC staff of the Williamson County& Cities Health District demonstrates the highest quality of public service in serving 20,788 individuals in Round Rock during 2002, Now Therefore, I,Nyle Maxwell,Mayor of the City of Round Rock, Texas, do hereby proclaim the month of August 2003 as "Breast-Feeding Month" in the City of Round Rock, Texas and urge all citizen�,�to take part in recognizing WIC for providing foods and nutrition and breast-feeding editc�tion. Proclaimed this 14th day of August 2003. • PRESENTATIONS: 9.A.1. Consider a presentation of the official report from the Charter Review Commission. This item was addressed earlier in the I'�eeting. i 9.B.1. Consider an update on Envision Central Texas by Neal Kocurek and Beverly Silas. Beverly Silas and Neal Kocurek gave an update on Envision Central Texas (ETC),which is a non-profit organization that is guiding the public development of a regional plan to address the growth of Bastrop, Caldwell,Hays, Travis and Williamson counties. Mr. Kocurek summarized scenarios that were developed from input gathered during public workshops held in 2002. Each scenario illustrated a particular pattern of growth in the Central Texas region and outlines its impacts on housing choice, traffic congestion and transit options, the environment, the regional economy, and other indicators. The scendrios can be used to explore the trade-offs • between growth patterns and are the basis for the next round of citizen input. The ECT Board of Directors will use this input in developing a vision foj•Central Texas. That vision can be used as the communities of the region continue to develop locally appropriate detailed plans and implementation strategies, as a guide to the future. PUBLIC HEARINGS: 144 AUGUST 14, 2003 10.A.1. Consider public testimony regarding amending Chapter 1, Section.1.802 of the Round Rock Code of Ordinances (1995 Edition) to adopt extended hours for the sale of mixed beverages and beer. Jim Nuse, City Manager made the staff presentation. This is the second public hearing to allow input from the public regarding the proposal to allow any person,firm or corporation authorized to offer or sell alcoholic beverages within the city limits of Round Rock duringlate hours as authorized under the Alcoholic Beverage Code. • g Mayor Maxwell opened the public hearing. Colleen Johnson, 1110 Palm Valley Boulevard, spoke in favor of extending the hours for the sale of alcoholic beverages. Carol Helms, 2400 Willow Way, spoke against extending the hours for the sale of alcoholic beverages. Hal Talton, 2008 Red Oak Circle, spoke against extending the hours for the sale of alcoholic beverages. Jay Braun, 1008 Ridgeline Drive, spoke against extending the hours for the sale of alcoholic beverages. He submitted a prepared statement for the City's records. Rufus Honeycutt, 3009 Cedar Elm Lane, spoke in favor of extending the hours for the . sale of alcoholic beverages. Karen Adair-Murphy, 2302 Silverleaf Cove, spoke against extending the hours for the sale of alcoholic beverages. John Gordon, 1007 Green Meadow, spoke ag-,Iinst extending the hours for the sale of alcoholic beverages. Charlie Culpepper against extending the hours for the sale of alcoholic beverages. Gary Welling of GQ Billiards spoke in favor of extending the hours for the sale of alcoholic beverages. There being no further testimony,the public bearing was closed. 10.B.1. Consider public testimony concerning the proposal to establish lane use • restrictions for trucks on IH-35. Mayor Maxwell read the caption above and Tom Word, Chief of Public Works Operations made the staff presentation. The following is the dialogue that occurred for this item. Mr. Word—"Mayor and Council in 1997 The Texas Legislature passed Senate Bill 773, which allows municipalities to propose lane use restrictions for trucks on certain portions of controlled access highways. The Texas Department of Transportation has developed procedures 145 AUGUST 14, 2003 that are to be followed in initiating and establishing these rules and one of those is that the City or municipality that desires to establish restrictions is to draft an ordinance and then hold a public hearing on that draft ordinance and forward the results of the hearing to the State for their consideration before they approve the local adoption of the ordinance itself. So that is what we are here to do tonight. We have a draft ordinance that has been proposed. The ordinance in essence,when we talk about restricting trucks from the left lane that's not really quite technically what the ordinance does. What it does is it authorizes the trucks to use the second and third lane from the median on the interstate for trucks and they are not authorized then to use the left lane except for passing. They can still use the lane to pass. The proposed ordinance would be in effect in our City from the north city limits to the south city limits seven days a week, 24 hours a day. That is basically what is being proposed. The City of Austin is looking at a similar proposal and will be coming forth with a draft ordinance in the near future. We believe that Georgetown will, as well. We visited with some folks from Georgetown this week and they are working on it. They are just not quite as far along as we with this proposal. So that is what the proposal is for tonight and the draft ordinance will accomplish that. I will be glad to answer any questions you might • have." Mayor Maxwell—"Council, any questions for Mr. Word?" Mayor Maxwell—"Do we have any sections here with four lanes?" Mr. Word—"We have some sections with what they call auxiliary lanes where you have an on ramp. You add a lane that continues to the next off ramp and that technically that can be considered a fourth lane." Mayor Maxwell—"Does it mean it moves over?" Mr. Word—"No sir." Mayor Maxwell, - "It's just the two lanes adjacent lane to the inner lane?" Mr. Word— "It's the two lanes, second and third lanes from the median. So those two • lanes are continuous all the way through town." Mayor Maxwell—"Are we aligned now with the same process time period hopefully with Austin and Georgetown where TxDOT can take care of this all at the same time?" Mr. Word—"Austin has been working on the issue but they do not have a draft ordinance yet. I think they will have one fairly soon. Georgetown is probably a few months behind us also." 146 AUGUST 14, 2003 Mayor Maxwell—"Is it going to delay us having ours approved? Are they going to hear this process all at the same time through Central Texas?Do we need to communicate this to our cousins to the north and south." Mr. Word—"Yes sir, I think we need to encourage them. I think that TxDOT would be willing to pursue this once they have a draft ordinance from Austin and use Austin and Round Rock together because that gives them a far enough length • regardless of what Georgetown did or did not do for it to be effective and would work. Georgetown can be added at a later date. I don't think they will probably pick it up until they have something from Austin." Jim Nuse, City Manager—"Mayor, on that point, I talked to the City Manager of Georgetown today and we have a meeting upcoming with them. He asked if we would help them get up to speed with us as quickly as possible and we have agreed to do that." Mr. Word- "I believe it is important to get Austin." Mayor Maxwell—"Austin is the key." Mr. Word-Yes sir." Mayor Maxwell—"Council, any questions for comments for Tom? If not I will open the • public hearing. Anyone wishing to address the council on this matter may do so at this time. I ask that you come down to the podium, state your name and address for the record." Mayor Maxwell opened the public hearing. There was no public testimony given. Mayor Maxwell closed the public hearing. 10.C.1. Consider public testimony regarding the application filed by Canteberry Development, Ltd. to rezone 13.050 acres out of the N.B. Anderson Survey, from District TF (Two Family)to District SF-2 (Single Family-Standard Lot). (Eagle Ridge Section 14 Phase I Subdivision) Joe Vining,Planning Director made the staff presentation. This tract is located east of Sunrise and north of Eagles Nest and was originally zoned TF (Two-Family) in the mid- 1980's. The developer has changed his original concept from two-family lots to single family • lots. The zoning request complies with the General Plan. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 10.C.2. Consider public testimony regarding the application filed by Canteberry Development, Ltd. to rezone 3.551 acres out of the N.B. Anderson Survey, from District C-2 (Local Commercial)to District SF-2 (Single Family-Standard Lot). (Vista Heights Section 4-B 147 AUGUST 14, 2003 Subdivision) Joe Vining, Planning Director made the staff presentation. This tract is located east of Sunrise and north of Eagles Nest and was originally g zoned R-12 (Moderate Density Residential) in 1985 and then designated C-2 (Local Commercial)with the adoption of the 1986 revision to the Zoning Ordinance. The developer has changed his original concept from commercial lots to single-family lots. The zoning request complies with the General Plan. • Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 10.C.3. Consider public testimony regarding the application filed by Canteberry Development,Ltd. to rezone 48.017 acres out of the N.B. Anderson Survey, from District TF (Two Family)to District SF-2 (Single Family-Standard Lot). (Eagle Ridge Section 14, Phases II, III, IV and V Subdivision) Joe Vining,Planning Director made the staff presentation. This tract is located east of Sunrise and north/south of Eagles Nest and were originally zoned TF (Two Family) in the mid-1980's. The developer has changed his original concept from two-family lots to single-family lots. The zoning request complies with the General Plan. Mayor Maxwell opened the public hearing. There being no 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. Item 12.A. was removed from the entire agenda. *12.A. Consider approval of the City Council minutes for the July 24, 2003 Regular Session. This item was removed from the entire agenda at the request of staff. *13.E.1. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances (1995 Edition) amending school speed zones. (Second Reading) *13.E.2. Consider an ordinance authorizing the placement of yield signs in the traffic • circle at the intersection of Mavfield Ranch Boulevard and Blue Ridge Drive. (First Readingl *13.E.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Forest Creek Subdivision, Sections 17, 19, 30 and 33. (First Reading) *13.E.4. Consider an ordinance authorizing the placement of all-way stop signs at the intersection of Sundance Parkway and La Frontera Boulevard. (First Reading) *13.E.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Pioneer Crossing,Phase I Subdivision. (First Reading) 14. 8 AUGUST 14,2003 *13.E.6. Consider an ordinance authorizing the placement of stop signs at various intersections in the Hidden Glen,Phase 4-A Subdivision. (First Reading) *13.E.7. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma, Section 6 Subdivision. (First Reading) *13.E.8. Consider an ordinance authorizing the placement of stop signs at various • intersections in the Lake Forest II, Village II A Subdivision. (First Reading) *13.E.9. Consider an ordinance authorizing the placement of stop signs at various intersections in the Behrens Ranch Subdivision, Sections C-lc, C-5 and D-2. (First Reading) *14.A.1. Consider a resolution authorizing the City Manager to issue a purchase order to Phoenix Irrigation for upgrades to the automated irrigation system. *14.B.1. Consider a resolution authorizing the Mayor to execute a First Amendment to Agreement for Consulting Services with Development Counsellors International for additional media relations services. *14.B.2. Consider a resolution adopting the 2003-2004 Community Development Annual Action Plan. *14.C.1. Consider a resolution authorizing the Mayor to execute a Statement of • Understanding between the City of Round Rock and the Central Texas Chapter of the American Red Cross concerning sheltering operations during disasters. *14.D.1. Consider a resolution authorizing the Mayor to execute an Agreement for Personal Services with John H. Konzen for In-Service Tank Inspection and Evaluation in Conformity with TCEQ Requirements for the annual inspection of the City's water towers and water storage tanks. *14.E.l. Consider a resolution authorizing the Mayor to execute a contract with Trimbuilt Construction, Inc. for the remodel and renovation of the Public Works Department's Transportation, Water&Wastewater Utility Services Building. *14.F.1. Consider a resolution authorizing the Mayor to execute an agreement with • Oncor Energy Delivery Company for the relocation of utilities in connection of the widening of Double Creek Drive. *14.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 with WHM Transportation Engineering Consultants, Inc. for the development of a model to study traffic conditions at Hesters Crossing and IH 35. 149 AUGUST 14,`2003 MOTION: Councilmember Rhode moved to approve all the remaining items listed in the consent agenda. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *12.A. Consider approval of the City Council minutes for the July 24, 2003 Regular Session. This item was withdrawn from the agenda at the request of staff. ORDINANCES: 13.A.1. Consider an ordinance amending Chapter 1, Section 1.802 of the Round Rock Code of Ordinances (1995 Edition) adopting extended hours for the sale of mixed beverages and beer. (Second Reading) Jim Nuse, City Manager made the staff presentation. This ordinance, if approved, will allow any person, firm or corporation authorized to offer or sell alcoholic • beverages within the city limits of Round Rock during late hours as authorized under the Alcoholic Beverage Code. The Council held a lengthy debate on the pros and cons of extending the hours for the sale of alcoholic beverages. Councilmember McGraw noted that if this ordinance was adopted he wants staff to bring back information and ideas for reducing the density of bars and what other cities are doing to address strips of bars. Also, if adopted staff is to bring back in 12 months from the effective date of the ordinance a report on the results or statistics regarding Dwhncidents prior to and after the ordinance went into effect. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF • ROUND ROCK, TEXAS, CHAPTER 1, SECTION 1.802 TO ADOPT EXTENDED HOURS FOR THE SALE OF MIXED BEVERAGES AND BEER; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance with the two directives noted. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight 150 AUGUST 14, 2003 Councilmember Rhode Nays: Mayor Pro-tem Nielson Councilmember Coe Mayor Maxwell ACTION: The motion carried with 4 ayes and 3 nays. 13.B.1. Consider an ordinance amending Chapter 4, Section 4.300 of the Round Rock Code of Ordinances (1995 Edition)regulating the operation of vehicle wrecker services within the city limits. (First Reading) Captain Tim Ryle made the staff presentation. Section 4.300 of • the City Code of Ordinances regulates the operation of and fees charged by vehicle wrecker services permitted tooperate within the city limits. The proposed major revision of this ordinance is prompted by a series of changes in Texas law regarding wrecker operations in municipalities and the need to clarify language in the existing ordinance. The changes in state law take effect on September 1. Among the changes is specific authority granted to the Chief of Police as it regards suspending or revoking a wrecker company's ability to operate in the city for non-compliance with this ordinance. In October 2002, City Council amended Sec. 4.309 (Procedures.for Notifying Wrecker Services) of this ordinance to increase the fees wrecker services can charge in the City. This ordinance revision leaves the rate structure unchanged, though the rate structure is further clarified. The Police and Legal departments have included • wrecker companies in the development of the proposed ordinance changes. Representatives of these companies will have reviewed a final version of this ordinance before City Council's consideration of this matter. Adopting this change in ordinance would keep the City in compliance with Texas law after September 1 as it regards wrecker services operating in municipalities. In addition, this revision clarifies several sections of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.300, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE REQUIREMENTS FOR OPERATING A WRECKER BUSINESS THAT PERFORMS NONCONSENT TOWS WITHIN THE CITY; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Rhode • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 15 1; AUGUST 14,2003 13.C.1. Consider an ordinance rezoning 13.050 acres out of the of the N.B. Anderson Survey, from District TF(Two Family)to District SF-2 (Single Family-Standard Lot). (Eagle Ridge Section 14 Phase I Subdivision) (First Reading) A public hearing was held earlier in the meeting for this item. ORDINANCE NO. • AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 13.050 ACRES OF LAND, MORE OR LESS, OUT OF THE N.B. ANDERSON SURVEY, ABSTRACT NO. 29, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT TF (TWO FAMILY) TO DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT). MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.C.2. Consider an ordinance rezoning 3.551 acres out of the N.B. Anderson Survey, from District C-2 (Local Commercial)to District SF-2 (Single Family-Standard Lot). (Vista • Heights Section 4-13 Subdivision) (First Reading) A public hearing was held earlier in the meeting for this item. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 3.551 ACRES OF LAND, MORE OR LESS, OUT OF THE N.B. ANDERSON SURVEY, ABSTRACT NO. 29, 152 AUGUST 14, 2003 IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-2 (LOCAL COMMERCIAL) TO DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT). MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt is Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem Nielson moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. 13.C.3. Consider an ordinance rezoning 48.017 acres out of the N.B. Anderson Survey, from District TF (Two Family) to District SF-2 (Single Family-Standard Lot). (Eagle Ridge Section 14,Phases II, III, IV and V Subdivision) (First Reading) A public hearing was held earlier in the meeting for this item. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 48.017 ACRES OF LAND, MORE OR LESS, OUT OF THE N.B. ANDERSON SURVEY, ABSTRACT NO. 29, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT TF (TWO FAMILY) TO DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT). MOTION: Councilmember Rhode moved to adopt the ordinance. Mayor Pro-tem • Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None 1. 5 3 AUGUST 14, 2003 ACTION: The motion carried unanimously. MOTION: Councilmember Coe moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell. Nays: None ACTION: The motion carried unanimously. 13.D.1. Consider an ordinance amending Chapter 10, Section 10.400 and 10.600 of the Code of Ordinance (1995 Edition)to incorporate Texas Commission on Environmental Quality (TCEQ) changes into the existing pretreatment program. (First Reading) Tom Clark,Utility Director made the staff presentation. Through the wastewater contract with the Lower Colorado River Authority(LCRA) and Brazos River Authority(BRA), the city is required to operate and maintain a Texas Commission on Environmental Quality(TCEQ) approved pretreatment • program. The TCEQ has requested that the program currently in place be substantially modified. These changes are necessary to reflect new rules and regulations and to streamline the program. The most notable change is in Section 10.403(3) local limits that are applicable to all wastewater dischargers. These limits are periodically reviewed and are derived to protect the wastewater treatment plant and in turn the receiving waters of Brushy Creek. These numbers were derived by both the Brazos River Authority(BRA) and TCEQ. TCEQ gave final approval to these limits and to the entire revised 10.400 ordinance. Amending Section 10.400 will bring the pretreatment program in compliance with required industry standards. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 10, SECTIONS 10.400 PRETREATMENT PROGRAM • AND 10.600 ENVIRONMENTAL SERVICES FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe 154 AUGUST 14, 2003 Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *13.E.1. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances (1995 Edition) amending school speed zones. (Second Reading) This item was approved under the consent agenda. • ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 9, SECTION 9.503 AMENDING SCHOOL SPEED ZONES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.E.2. Consider an ordinance authorizing the placement of yield signs in the traffic circle at the intersection of Mayfield Ranch Boulevard and Blue Ridge Drive. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF MAYFIELD RANCH BOULEVARD AND BLUE RIDGE DRIVE AS A YIELD INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.E.3. Consider an ordinance authorizing the placement of stop signs at various • intersections in the Forest Creek Subdivision, Sections 17, 19, 30 and 33. (First Reading) This item was approved under the consent agenda. This authorizes stop signs at the following segments of streets. On Origin Cove at Carnousty Street, on Stadler Cove at Carnousty Street, on Daufuskie Island Road at Carnousty Street, on Blue Monster Cove at Harvey Penick Drive, on Gleneagles Cove at Harvey Penick Drive, On Putter Cove at Harvey Penick Drive, On Conway Cove at Links Lane, On Links Lane at Harvey Penick Drive, On Harvey Penick Cove at Harvey Penick Drive, On Del Monte Cove at Harvey Penick Drive, On Daufuskie Island Road at Harvey Penick Drive. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE • INTERSECTIONS OF ORIGIN COVE AND CARNOUSTY STREET, STADLER COVE AND CARNOUSTY STREET, DAUFUSKIE ISLAND ROAD AND CARNOUSTY STREET, DAUFUSKIE ISLAND ROAD AND HARVEY PENICK DRIVE, BLUE MONSTER COVE AND HARVEY PENICK DRIVE, GLENEAGLES COVE AND HARVEY PENICK DRIVE, PUTTER COVE AND HARVEY PENICK DRIVE, CONWAY COVE AND LINKS LANE, LINKS LANE AND HARVEY PENICK DRIVE, HARVEY PENICK COVE AND HARVEY PENICK DRIVE, AND DEL MONTE COVE AND HARVEY PENICK DRIVE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 1515 AUGUST 14,2003 *13.E.4. Consider an ordinance authorizing the placement of all-way stop sign's at the intersection of Sundance Parkway and La Frontera Boulevard. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF SUNDANCE PARKWAY AND LA FRONTERA BOULEVARD AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.E.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Pioneer Crossing,Phase I Subdivision. (First Reading) This item was approved under the consent agenda. This authorizes stop signs at the following segments of streets. On Kenneys Way at Pioneer Crossing Drive, on Kenneys Way at Wagon Trail, on Kettle Cove at Kenneys Way, on Four Cabin Court at Wagon Trail. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF KENNEYS WAY AND PIONEER CROSSING DRIVE, KENNEYS WAY AND WAGON TRAIL, KETTLE COVE AND KENNEYS WAY AND FOUR CABIN COURT AND WAGON AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS • CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.E.6. Consider an ordinance authorizing the placement of stop signs at various intersections in the Hidden Glen, Phase 4-A Subdivision. (First Reading) This item was approved under the consent agenda. This authorizes stop signs at the following segments of streets. On Laurel Grove Way at Plantation Drive and on Las Colinas Way at Plantation Drive ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF LAUREL GROVE WAY AND PLANTATION DRIVE, AND LAS COLINAS WAY AND PLANTATION DRIVE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.E.7. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma, Section 6 Subdivision. (First Reading) This item was approved • under the consent agenda. This authorizes stop signs at the following segments of streets. On Rusk Road at Forest Creek Drive, on Blackstone Cove at RuskRoad, on Frick Lane at Rusk Road, on Frick Lane at Arrowood Place, on Arrowood Place at Rusk Road, on Barefoot Lane at Rusk Road. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF RUSK ROAD AND FOREST CREEK DRIVE, FOREST CREEK 15 6. AUGUST 14,2003 DRIVE AND RUSK ROAD, BLACKSTONE COVE AND RUSK ROAD, FRICK LANE AND RUSK ROAD, FRICK LANE AND ARROWOOD.PLACE, ARROWOOD PLACE AND RUSK ROAD, AND BAREFOOT LANE AND RUSK ROAD AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. . *13.E.8. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest II;Village II A Subdivision. (First Reading) This item was approved under the consent agenda. This authorizes stop signs at the following segments of streets. On Deep River Circle at Fernspring Drive, on Trailing Vine Way at Fernspring Drive, on Silent Brook Trail atTernspring Drive, on Trailing Vine Way at Silent Brook Trail, on Silent Brook Trail at Deep River Circle. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF DEEP RIVER CIRCLE AND FERNSPRING DRIVE, TRAILING VINE WAY AND FERNSPRING DRIVE, SILENT BROOK TRAIL AND FERNSPRING DRIVE, TRAILING VINE WAY AND SILENT BROOK TRAIL, AND SILENT BROOK TRAIL AND DEEP RIVER CIRCLE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.E.9. Consider an ordinance authorizing the placement of stop signs at various intersections in the Behrens Ranch Subdivision, Sections C-lc, C-5 and D-2. (First Reading) • This item was approved under the consent agenda. This authorizes stop signs at the following segments of streets. On Pointe Place at Goldenoak Circle, on Briar Oak Lane at Goldenoak Circle, on Goldenoak Circle at Golden Oak Circle, on Stonecreek Drive at Goldenoak Circle, on Goldenoak Circle at Wyoming Springs Drive, on Arbor Drive at Behrens Parkway, on Ranch Park Trail at Arbor Drive,on Sophora Court at Ranch Park Trail, on Carya Court at Ranch Park Trail, on Goldenoak Circle at Wyoming Springs Drive, on Covington Place at Goldenoak Circle, on Arbor Drive at Ranch Park Trail. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF POINTE PLACE AND GOLDENOAK CIRCLE, BRIAR OAK LANE AND GOLDENOAK CIRCLE, GOLDENOAK CIRCLE AND GOLDENOAK CIRCLE, STONECREEK DRIVE AND GOLDENOAK CIRCLE, GOLDENOAK CIRCLE AND • WYOMING SPRINGS DRIVE, ARBOR DRIVE AND BEHRENS PARKWAY, RANCH PARK TRAIL AND ARBOR DRIVE, SOPHORA COURT AND RANCH PARK TRAIL, CARYA COURT AND RANCH PARK TRAIL, COVINGTON PLACE AND GOLDENOAK CIRCLE, AND ARBOR DRIVE AND RANCH PARK TRAIL AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: 1 5 7 AUGUST 14,2003 *14.A.1. Consider a resolution authorizing the City Manager to issue a purchase order to Phoenix Irrigation for upgrades to the automated irrigation system. This item was approved under the consent agenda. The cost is $30,850. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for upgrades to the • automated irrigation system, and WHEREAS,Phoenix Irrigation has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Phoenix Irrigation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Phoenix Irrigation is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Phoenix Irrigation for upgrades to the automated irrigation system. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of August 2003. 14.A.2. Consider a resolution authorizing the MUor to execute an Agreement for Consulting Services with Hall/Bargainer, Inc. for the Buck Egger Park Renovation Proiect. James Hemenes,Park Development Manager made the staff presentation. The Buck Egger Park • Renovation Project is being funded through a Community Development Block Grant(CDBG). This park renovation will continue to include a sports practice area and we will add neighborhood park features such as a playground to the site. Total project cost is $113,377.00. This agreement is Jto provide professional services from design development through the construction observation phase of the Buck Egger Park Project at a cost of$15,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain design and construction consulting services in connection with the Buck Egger Park Project, and WHEREAS, Hall/Bargainer, Inc. has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Hall/Bargainer, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services with Hall/Bargainer, Inc., for design and construction • consulting services in connection with the Buck Egger Park Project, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was:adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally.acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended RESOLVED this 14th day of August 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: 15; 8= AUGUST 14,2003 CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmerriber Pitt • Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14.B.1. Consider a resolution authorizing the Mayor to execute a First Amendment to Agreement for Consulting Services with Development Counsellors International for additional media relations services. This item was approved under the consent agenda. The cost is $7,300.00. RESOLUTION NO. WHEREAS, the City has previously entered into an Agreement for Consulting Services with Development Counsellors International for national media relations services, and WHEREAS, Development Counsellors International has submitted a First Amendment to Agreement for Consulting Services to include a Dallas media trip, and • WHEREAS, the City Council desires to enter into said amendment with Development Counsellors International,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the.City a First Amendment to Agreement for Consulting Services with Development Counsellors International, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 14th day of August 2003. *14.B.2. Consider a resolution adopting the 2003-2004 Community Development Annual Action Plan. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has prepared the 2003-2004 Community • Development Annual Action Plan, ("Plan") which identifies how the City will use federal resources to meet priority community needs, and WHEREAS, the Plan identifies resources which will improve the lives of the City's residents by providing homeownership assistance, improving neighborhoods, providing economic opportunities, and delivering needed services, and WHEREAS, the City wishes to adopt said 2003-2004 Community Development Annual Action Plan,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby adopts the 2003-2004 Community Development Annual Action Plan, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes. AUGUST 14,2003 The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed,ssed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of August 2003., 14.C.1. Consider a resolution authorizing Mayor,or.to execute a Statement of y • Understanding between the City of Round Rock and the Central Texas Chapter of the American Red Cross concerning sheltering operations during disasters. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Central Texas Chapter of the American Red Cross is responsible for all local American Red Cross activities within its jurisdiction, including disaster planning, preparation,preparedness, education,mitigation, and response, and WHEREAS, the City of Round Rock and the Central Texas Chapter of the American Red Cross wish to facilitate a spirit of cooperation concerning sheltering operations during disasters, and WHEREAS, both parties wish to enter into a Statement of Understanding outlining their methods of cooperation,Now Therefore BE IT RESOLVED BY 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 Statement of Understanding with the Central Texas Chapter of the American Red Cross, a copy of same 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 14th day of August 2003. *14.D.1. Consider a resolution authorizing the Mayor to execute an Agreement for Personal Services with John H. Konzen for In-Service Tank Inspection and Evaluation in Conformity with Texas Commission on Environmental Quality(TCEQ)Requirements for the annual inspection of the City's water towers and water storage tanks. This item was approved under the consent agenda. The cost is $11,000. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain personal services for the annual inspection and evaluation of the City's water towers and water storage tanks, and • WHEREAS, John H. Konzen has submitted an Agreement for Personal Services for In- Service Tank Inspection and Evaluation in Conformity with TCEQ Requirements to provide said services, and WHEREAS, the City Council desires to enter into said agreement with John H. Konzen, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Personal Services for In-Service Tank Inspection and Evaluation in Conformity with TCEQ Requirements, 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 AUGUST 14,2003 subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 14th day of August, 2003. *14.E.1. Consider a resolution authorizing the Mayor to execute a contract with Trimbuilt Construction, Inc. for the remodel and renovation of the Public Works Department's Transportation, Water&Wastewater Utility Services Building. This item was approved under • the consent agenda. The cost is $219,100.00 RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the remodel and renovation of the Public Works Department Transportation, Water & Wastewater Utility Services Building located at 212 Commerce Cove, and WHEREAS, Trimbuilt Construction, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Trimbuilt 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 Trimbuilt Construction, Inc. for the remodel and renovation of the Public Works Department's Transportation, Water & Wastewater Utility Services Building located at 212 Commerce Cove. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of August, 2003. • 14.E.2. Consider a resolution authorizing the Mayor to execute a contract with JD Ramming Paving Company, Inc. for the Street Maintenance Program,Phase I/Seal Coat-2003 Project. Tom Word, Chief of Public Works Operations made the staff presentation. This contract will encompass the re-surfacing of Kiphen Road with a two course surface treatment at a cost of $96,980.00. This type of surface treatment will give this road an extended life until expansion can take place. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Street Maintenance Program Phase I/Seal Coat-2003 Project, and WHEREAS, JD Ramming Paving Company, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of JD Ramming Paving Company, • Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with JD Ramming Paving Company, Inc. for the Street Maintenance Program Phase I/Seal Coat-2003 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 14th day of August 2003. 16 .1 AUGUST 14,2003 - NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.E.3. Consider a resolution authorizing the Mavor to execute a First Amendment to Agreement Regarding Phase I Improvements to the Dell Diamond/United Heritage Center with Round Rock Baseball, Inc. Larry Madsen, Construction Manager made the staff presentation. The first amendment one amends Section 5.1 of the agreement to change the date of the guaranteed maximum price to be established and agreed on by both parties by September 9, • 2003. Sections 9.1 and 9.2 are amendments dealing with the contribution of Round Rock Baseball deposit of funds with the City. Round Rock Baseball, in lieu of cash, shall have the option of contributing materials to the Project Costs. RESOLUTION NO. WHEREAS, by Resolution No. 03-06-12-10G1 the City Council authorized the execution by the Mayor of an Agreement Regarding Phase I Improvements to the Dell Diamond/United Heritage Center("Agreement")with Round Rock Baseball, Inc. ("RRB"), and WHEREAS, the parties now desire to enter a First Amendment to the 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 the First Amendment to Agreement Regarding Phase I Improvements to the Dell Diamond/United Heritage Center with Round Rock Baseball, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting • was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of August 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 162 AUGUST 14, 2003 MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember.Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. .14.E.4. Consider a resolution authorizing the Mayor to execute a Construction Manager- at-Risk agreement with Chasco Contracting for the improvements to the Dell DiamondlUnited Heritage Convention Center. Larry Madsen, Construction Manager made the staff presentation. The City received four proposals for the construction Manager-At Risk for the Dell Diamond/ United Heritage Convention Center Facility. The four proposals were from Brath, Inc., Chasco Contracting,FT Woods Construction, and WCI Texas. Cost made up 40% of total scoring and performance rating (technical scoring)made up 60% of total scoring. Chasco Contracting had the best-cost total and received the highest performance rating scoring by the selection committee. The committee consisted of Reid Ryan,Reese Ryan, Cindy Demers and Larry t Madsen. The total estimated cost of the project is $1,600,000 and the estimated CMR is $177,570. The Convention Center Expansion Funds are not to exceed$800,000. RESOLUTION NO. WHEREAS, Texas Local Government Code, § 271.113(a) allows governmental entities to use certain methods other than competitive bidding in entering into contracts for construction of facilities, and WHEREAS, pursuant to Texas Local Government Code, §271.114(a) the City Council adopted Resolution No. R-03-05-22-llE1 whereby the Council determined that "Construction Manager-at-Risk" is the delivery method which provides the best value for the City for the expansion of the Dell Diamond/United Heritage Center(the"Project"), and WHEREAS, pursuant to Texas Local Government Code, § 271.118, the City has duly prepared a request for proposals for the selection of a construction manager-at-risk and the Council has selected Chasco Contracting as the offeror that submitted the proposal that offers the best value to the City for the construction of the Project, and WHEREAS, City staff has negotiated a satisfactory Construction Manager at Risk Agreement and Amendment No. 1 to Agreement between Owner and Construction Manager-at- • Risk("Agreement")with Chasco Contracting which is attached hereto as Exhibit"A", and WHEREAS, the Council wishes to approve said Agreement,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 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 Construction Manager at Risk Agreement and Amendment No. 1 to Agreement between Owner and Construction Manager-at-Risk with Chasco Contracting for the expansion of the Dell Diamond/United Heritage Center, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the 16 AUGUST 14,2003 subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of August 2003. NYLE MAXWELL,Mayor Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14.F.1. Consider a resolution authorizing the Mayor to execute an agreement with Oncor Energy Delivery Company for the relocation of utilities in connection of the widening of Double Creek Drive. This item was approved under the consent agenda. The cost is $59,620.85 • and will be paid with funds from the Round Rock Transportation System Development Corporation. RESOLUTION NO. WHEREAS, the City of Round Rock("City") is planning a roadway improvement project for the widening of Double Creek Drive ("Project") and WHEREAS, an overhead power line located along Double Creek Drive must be relocated to facilitate work on the ("Project"), and WHEREAS, the City and Oncor Energy Delivery Company wish to enter into a Letter of Agreement for the relocation of said overhead power line,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Letter of Agreement with Oncor Energy Delivery Company for the relocation of an overhead power line along Double Creek Drive, a copy of same being attached hereto as Exhibit"A"and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during.which this Resolution and the subject matter hereof were discussed, considered and formally,acted upon, all as required by the • Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of August 2003. *14.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 with WHM Transportation En6neering Consultants, Inc'.'for the development- of a model to study traffic conditions at Hesters Crossing and IH 35. This was approved under the consent agenda. The cost is $15,000.00. RESOLUTION NO. 164 AUGUST 14,2003 WHEREAS, the City of Round Rock has previously entered into a contract for engineering services ("Contract") with WHM Transportation Engineering Consultants, Inc. for the development of a model to study traffic conditions at Hesters Crossing and IH 35, and WHEREAS, WHM Transportation Engineering Consultants, Inc. has submitted Supplemental Agreement No. 2 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. 2 with WHM Transportation Engineering Consultants, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Contract for Engineering Services with WHM Transportation Engineering Consultants, Inc., a copy of same 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 14th day of August 2003. 14.F.3. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Gray-Jansing&Associates,Inc. for design work on the Double Creek Drive and Forest Creek Drive Project. Tom Word, Chief of Public Works Operations. The original contract of July 13, 2000 was for$538,860.00 and included the design of a four-lane divided roadway section with underground storm sewer system. The engineer was asked by the • City to perform additional work to redesign a portion of Forest Creek Boulevard to save historical oak trees, produce a right-of-way map, split the construction phase of Double Creek and Forest Creek into two phases, preparation of street light plans for both projects, substituting a 2-span bridge for the originally designed 3-span bridge for Forest Creek Boulevard, and revisions to roadway designs to accommodate newly proposed Arterial A intersection grades. The engineer has agreed to perform the work for$94,155.90. The plat process will address the dedication of the right-of-way and the developer agreements will be obtained prior to the construction of Double Creek Drive and Forest Creek Boulevard. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for design work on the Doublecreek Drive and Forest Creek Drive Project, and • WHEREAS, Gray-Jansing & Associates, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Gray-Jansing & Associates, Inc. ,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Gray-Jansing&Associates, Inc. for design work on the Doublecreek Drive and Forest Creek Drive Project, a copy of said agreement being attached hereto as Exhibit"A"and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the 165 AUGUST 14,2003 subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. . RESOLVED this 14th day of August 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.F.4. Consider a resolution authorizing the Mayor to execute an Agreement with the Capital Area Rural Transportation System(CARTS)providing for the continuation of public transportation services. Tom Word, Chief of Public Works Operations made the staff • presentation. The Capital Area Rural Transportation System (CARTS)has.provided public transportation service in Round Rock for many years. CARTS have received funding for the other rural transportation program from the Federal and State government, which covered the majority of the cost of this service. Because of Round Rock's population,we are no longer eligible for the Federal and State funding. Also included in the agreement is one time payment of $5,612.00 as the City's prorate share of local match costs for the Williamson County Transit Study. The cost will be $45/hour of service provided, not to exceed 90 hours of service per week. This service will provide the elderly and disabled citizens to continue receiving public transportation services. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into an agreement with the Capital • Area Rural Transportation System (CARTS) for provision of public transportation services in Round Rock from April 1, 2003 through September 30, 2003, and also to authorize the one-time payment of $5,612.00 to CARTS of the City's allocated share of local match costs for the Williamson County Transit Study,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement with the Capital Area Rural Transportation System, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. BE IT FURTHER RESOLVED, That a one-time payment of$5,612.00 is authorized to CARTS of the City's allocated share of local match costs for the Williamson County Transit Study. 166, AUGUST 14, 2003 The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of August, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 10:15 p.m. Respectfully Submitted, Ul Christine R. Martinez, City Secretary • 167 AUGUST 20-21,2003 The Round Rock City Council met in a Work Session on Wednesday, August 20, 2003 and Thursday,August 21, 2003 at the Vintage Villas, Sunset Room, 4209 Eck Lane,Austin, Texas. CALL WORK SESSION TO ORDER—8:30 A.M. The work session was called to order at 8:51 a.m. • ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were the following staff members: City Manager Jim Nuse, Assistant City Manager David Kautz, City Attorney Steve Sheets,Finance Director Cindy Demers,Planning and Community Director Joe Vining, Chief of Public Works Operations Tom Word, Fire Chief Lynn Bizzell, Chief of Police Paul Conner, Library Director Dale Ricklefs,Parks and Recreation Department Sharon Prete, Public Affairs and Economic Development Director Nancy Yawn, Communications Directors Will Hampton,Human Resources Director Teresa Bledsoe and Executive Administrative Assistant Kris McMahon. CONSIDER WORK SESSION PLANNING AND VISIONING EXERCISE. • 3.A. Consider opening remarks by the City Manager. Jim Nuse briefly outlined the itinerary for the work session. David Kautz said a few words regarding changes for the City that has been seen regarding revenue streams economic development, growth, growth in sales tax and how this has affected the City. Joe Vining touched on the General Plan and of how it came about, its purpose and how citizens helped to develop the Plan. He added what changes have.occurred after the Plan had been completed, major changes that have been done and opportunities that are upcoming. 3.B. Introduction of Dick Bowers who will facilitate a visioning and planning exercise. Dale Ricklefs introduced Dick Bowers and outlined his credentials. • Mr. Bowers is a former City Manager of Scottsdale, Arizona who has consulted with cities,businesses, and other non-profits on planning and teambuilding. The following items were addressed simultaneously. 3.C. Discussion of individual interest and personal `vision' for Round Rock and brainstorming of vision elements and associated community values. 16: 8. AUGUST 20-21,2003 3.D. Discussion of current vision, values, goals and strategic plan elements in relationship to the `vision' for Round Rock and list critical policy issues for long/short term attention. V )QEC.E5S6D FOP- LUn1C14 5, Gain clarity and consensus on the major `strategic challenges' and the desired outcome for each. �. 3XI Conduct an abbreviated SWOT (strengths,weaknesses opportunities, and threats analysis to identify areas to amplify or minimize in pursuit of policy goals. The following information and ranking is from the exercise,which the Council participated. Strategic Goals 02-03 (out of our budget) 1. Traffic flow/personal mobility #2 2. Clear citizen communication 3. Efficient utility service 4. Diversify economic base #1 5. Preserve neighborhoods 6. Protect/enhance historic districts areas 7. Enhance image and appearance #3 8. Encourage collaboration/cooperation 9. Open space acquisition 10. Diverse housing opportunities 11. Social and Community Services 12. Facilities to meet city needs Photo themes • Historic Preservation Awareness • School Enhancement • Local Businesses • Forest Creek(incentives) • N/E Plan #4 • Major Retail strategies #5 • Edges #6 • Image/Gateway/Appearance • Housing diversity • Affordable Housing • Service levels After the Council ranked the items above they discussed the top 6 items and policy standpoints for each item. The Council was also asked to define what they felt the item meant to them. Diversify economic base • Bring in new industry in target areas • Try to be business professional • Expand • Tourism—enhance • Downtown clear identity • Signature events—image Policy issue to address above • Incentives—investments • How much taxes are we willing to give away 16 9, AUGUST 20-21,2003 N/E PLAN • HEC—economic engine • Influencing the N/E region • Partnership with HEC for Economic Development Themes—Negatives • Traffic • Downtown opportunity • Housing diversity • • Appearance issues • Gateway image • Railroad tracks issues • Edges (ETJ) • Dell dependency • Zoning design mix Themes—Positives • History(buildings) • School • Faith based/family • Locally owned • Dell Diamond • Youth programs • Council/staff/citizen • Forest Creek Golf Course • Developable Open Space (10,000 acres,Brushy Creek) • Major retail (La Frontera, Simon, etc.) Prior to the Work Session the Council was asked to drive through the City and take photos of various positives and negatives for Round Rock. The following lists are some of the results. Positives Negatives Parks Panhandling School System 35-45 transportation plan/traffic Development(+/-) N/E quadrant New construction Signs History(preservation planning) Tacky retail Youth Sports Social Service Center needs Round Rock Express Retail shortage Round Rock Donuts Cemetery fence Public safety Appearance issues (slum-houses) La Frontera Development standards Dell (+/-) Gateway to Round Rock Economic growth Adult bookstore Recreation facilities Traffic on IH-35 Tourism Attractions Water/Wastewater challenges Neighborhood Schools Wal-Mart/Home Depot—traffic flow • HEC Railroad tracks Dell Diamond Developments on edge of ETJ Library Dilapidated neighborhood Faith based community Downtown opportunities missed Education quality Vacant industrial (Tellabs) High quality housing Parked vehicles in yards IH-45 progress Economic landscape Pools Hitting zone (ETJ) input, CR122 La Frontera(well done retail) Housing stock to diversify Commercial activity Council/RRISD communications Recreation facilities Downtown housing Hospital Transportation Water supply(quantity) Changing economic landscape 170 AUGUST 20-21,2003 Trees within City Design standards Parks and trail system Gypsum plant Citizens Horizon impacts The Council discussed the following: Our Major Long Term Issues? • What type of community do we want to leave our children and how do the policies we implement affect the quality of life now and in 2015? • Do we plan the City to be standalone or a suburb of Austin? • • Infrastructure development • Focus on ending dependence on Dell without over burdening homeowners with property tax increases. • Do we make room for all regardless of income and martial status or do we say affluent families or nothing? • Do we jump on the"public transportation"bandwagon? • How much social engineering is too much? Major Long-Term Policy Issues? • Diversify tax base and economy • Address infrastructure needs—roads water and wastewater • Community identity • Growth management is narrow window of opportunity—land-use and planning • Diversifications—economy • How important are deeply incentivized growth equations to us? • Master Plan for the final build-out • How much service do we provide for our citizens? • Quality of Life Our Major Short-Term Issues? • Aggressively recruit new business to the area while retaining current good business • Ensure that Simon build a mall as committed to • Expand tourism without dependence on baseball • Ask our citizens • Open honest discussion amongst ourselves • Recruit and sell Round Rock • Develop plan for N/E quadrant... include citizens/owners • Integrate HEC and rethink planning models to allow a college • Review E.D. plan for programs and update as need • Seriously question thinking on incentives and value today • All are being addressed on an ongoing basis. The real challenges... Mr. Bowers briefly outlined the weaknesses and strengths from a Council survey. -3-.& Final outcome of visioning and planning exercise. The Council, staff and Mr. Bowers provided comments on the benefits of the exercise and the information that came out of it. Lp CONSIDER WORK SESSION TOPICS LISTED BELOW. • There was no discussion on the first day of the work session regarding the work session topics listed. $, RECESS WORK SESSION UNTIL THURSDAY, AUGUST 21 2003. Mayor Maxwell recessed the work session for staff at 4:05 p.m. The Council remained for the Executive Session. . 1 71 AUGUST 20-21, 2003 EXECUTIVE SESSION: 7.A. Executive Session as authorized by &551.074 Government Code related to the evaluation of the City Manager. The Council entered into Executive Session at 4:20 p.m. and adjourned at 5:02 p.m. • (Z.�.c,E �,2,.� THURSDAY,AUGUST 21, 2003 -L• RECONVENE WORK SESSION—8:30 The meeting was called to order at 8:35 a.m. I Q, ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were the following staff members City Manager Jim Nuse, Assistant City Manager David Kautz, City Attorney Steve Sheets,Finance Director Cindy Demers,Planning and Community Director Joe Vining, Chief of Public Works Operations Tom Word, Fire Chief Lynn Bizzell, Chief of Police Paul Conner, Library Director Dale Ricklefs, Parks and Recreation Department'Sharon Prete,Public Affairs and Economic Development Director Nancy Yawn, • Communications Directors Will Hampton, Human Resources Director Teresa Bledsoe,Utilities Director Tom Clark and Executive Administrative Assistant Kris McMahon. DISCUSSION OF WORK SESSION TOPICS 1 l.A. Consider discussion of proposed budget and tax rate. David Kautz outlined the.following: • Where financial approach has taken us. • Significant changes in economy • How this affects the ratepayers • Alternatives of balancing the budget • Financial Strategy- Strong economic growth over the past several years has provided significant financial.benefits to the city. • Financial and operating plans are well balanced • Rates (tax, utility) are among lowest; cash reserves; program spending increased, adopted a pay-as-you go policy • Financial conditions is strong • Funding operations is solid • Capacity for growth is available • • Staff's recommendation for balancing the budget. Alternatives to Balance the Budget • Cut costs Efficiencies Program • Grow the Economy Dell The general economy • Develop/Increase other Revenue • Adjust the Property Tax Rate • Use Fund Balance 172 AUGUST 20-21, 2003 The Council and staff discussed the efficiency methods that are being used throughout the organization. Measurements are being used to track work to be better efficient also staff reviewing all aspects of utilizing the appropriate equipment. Discussion between the Council and staff proceeded to comparison of City projects to the private industry, specifically the capitalimprovements projects like cost methods, construction cost, andp rofessional fees. Also, design perimeters to cut cost, challenge architects to design something at the least cost but functional to get best value but at the same time. Discussion moved on to comparison of health care benefits, richness of the program and premium payment by employees in private sector and the general industry. The Council thoroughly discussed the fund balance policy. In conclusion, staff was asked review the budget again and to bring back a balanced budget along with an alternative recommendation. 1 LB. Consider discussion regarding funding for social service agencies. The Council discussed the recommendations from the United Way for the distribution of funds. 11.C. Consider discussion of economic development process/incentives. Joe gave an update on the recommendations in the Economic Development Plan. He also gave an overview of a draft proposal for a criteria matrix for abatements. Mr. Sheets explained that a policy for abatements/incentives would streamline the process if a prospect requests information and required a quick response by the City. Staff recommended that the Council review and provide comments on the matrix so staff can finalize it. It was the consensus of the Council for staff to proceed. When the matrix is finalized it will be brought back to Council for final approval. Nancy Yawn gave a brief update on economic development. 12. • SEG �S LLINC,I-4 Consider discussion of final city limits and General Plan. Mr. Vining gave an overview of the city limits and ETJ. He noted that staff's recommendation is to finalize the city limit line and ETJ. He used a map that highlighted the • areas for proposed ETJ. The areas involve Georgetown,Hutto, the west side of Round Rock, and southwest side of Round Rock(La Frontera area). Mr. Vining outlined the importance of the ETJ exchanges. Tom Word outlined a map that showed the Drainage Basins with the proposed ETJ. Councilmember Knight excused himself from the work session at this point due to a prior commitment. 173 I AUGUST 20-21,2003 l / - Consider discussion of the Higher Education Center(IEC) and how it will change the community. Mr. Vining explained that Round Rock will soon be a Town& Gown Community and how some of the following issues will impact the City and will need to be addressed when the HEC comes on line. Following are the worst-case scenarios that the City may be faced with. The Challenge How do we maximize the benefits of having an institution of higher learning while we minimize he impacts of the college experience? Top 10 Issues • Interface of campus and neighborhood • Student housing • Parking on/off campus • Parking in the yard • Single family home used as "multi-family" • Noise (Party! Party! Party!) • Drinking establishments • Fraternities/Sororities • State exemptions from code • City/University relations It was suggested that a presentation be made at the Mayors' Neighborhood Presidents Round Table discussion and the Mayor's Quarterly Report regarding these issues. Consider philosophy overview of a HPO (High Performing Organization). Mr. Hampton made the staff presentation and lead the discussion on the following. What is HPO • Management philosophy and methodology to guide maturing City organization • Defined as simultaneous delivery of high product and service quality, outstanding customer value, and sound financial performance • In other words... Faster Better Cheaper Rick White explained how do we get there? • Changes levers of vision and values • Network talent model Emsud Horovich explained the following: • Parallel organization • Cross trained • • Buy in to their responsibilities by being a self directed team • Visioning rather than supervision David Walthal gave examples of a HPO in the following City departments: • Forestry Division • Street and Drainage Division He added that each individual has leadership,task, and responsibilities. • LEAD Team Goals Process improvement/fiscal performance Personal growth 174 AUGUST 20-21,2003 Innovation Customer Service Culture _14-.G: Consider discussion of strategic planning_process options. Ms. Demers lead the discussion on the strategic planning process options. Ms. Ricklefs explained the purpose of the strategic plan adding that the strategic plan is just the elements. A long-range plan needs to be developed along with directions for a HPO. What is the best approach for the strategic planning process? Some options • Council provide major elements Departments fill objectives and strategies • Council give major elements Public input on elements • Council provide major elements Form citizen and staff task force Additional information will be provided to Council as staff proceeds with this process. Cofuncilmember Coe excused himself from the meeting due to a prior commitment. ITR. Consider discussion regarding the draft ordinance prohibiting solicitation near intersections of major roadways. Chief Conner led the discussion on prohibiting solicitation near intersections of major roadways. He outlined a map of roadways that will be affected and he outlined specific points of the proposed ordinance. Steve Sheets pointed out that this ordinance would also prohibit ice cream trucks and food trucks. This ordinance will also reduce the flea markets at intersections. The Council asked staff to amend the draft ordinance to only address the problem areas and not general roadways. 13.Z. -+t-h Consider discussion regarding providing transit service for resident. This item was not addressed at the work session due to time constraints. �3.cT• -f t-J: Consider discussion regarding indigent health care. This item was not addressed at the work session due to time constraints. COUNCIL COMMENTS REGARDING ITEMS ON THE AGENDA The Council expressed their feelings regarding the work session. • ADJOURNMENT: There being no further discussion, the meeting adjourned at 3:32 p.m. Respectfully submitted, Christine R. Martinez,"Secreta f175 AUGUST 28, 2003 The Round Rock City Council met in Regular Session on Thursday,August 28, 2003, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER- 7:00 P.M. The Session was called to order at 7:00 p.m. PLEDGE OF ALLEGIANCE: • Mayor Maxwell lead the Pledge of y g Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Maggie Stoecklein,Parks Supervisor gave a report on the outcome of the 15th Annual Pony Fastpitch National Championship Tournament sponsored by the City of Round Rock and Sertoma Girls Softball League held July 30-August 2"a at Old Settlers Park at Palm Valley. Ruth Koughan, 211 Round Rock Avenue announced that the opening of the new park on • Chisholm Trail and dedication of "The Crossing" sculptures would be September 4th. In addition, Ms. Koughan reminded everyone that daffodil bulbs should be planted by the first week in December for them to bloom in time for the Annual Daffodil Festival,which is the third Saturday in March. The Senior Citizen Foundation will be selling daffodil bulbs at the Senior Center. John Gordon, 1007 Green Meadow,reported that the proper documents have been filed by the Petitioners' Committee to circulate petitions to repeal the ordinance that extends the hours for the sale of alcoholic beverages. PROCLAMATIONS: S.A. Consider a proclamation proclaiming September 1-7, 2003 as Round Rock Medical Center Week. Mayor Maxwell read the following proclamation and presented it to Deborah Ryle • of the Round Rock Medical Center. Whereas, on September 1, 1983 the Round Rock Community Hospital opened its doors forever changing the health care landscape of Round Rock; and Whereas, since the doors of the Round Rock Community Hospital opened, area residents no longer are required to travel to another town for childbirth, routine surgeries, or many other health care services; and Whereas, the vision, guidance and dedication of community leaders, residents and professionals helped achieve this special milestone; and 176, AUGUST 28,2003 Whereas, the once small rural hospital has grown into a major medical center with state= of-the art digitized technology and top-notch health services that will serve the health care needs of Williamson County, Now Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim the week of September 1 —7, 2003 as "Round Rock Medical Center Week" in the City of Round Rock and urge everyone to join me and the Round Rock City Council in congratulating and thanking the physicians and employees who have offered their dedication and professionalism to our community since the doors to the Round Rock Medical Center opened in 1983 and encourage everyone to join in the planned activities for the 20th Anniversary , celebration. Proclaimed this 28th day of August 2003. PUBLIC HEARINGS: 6.A.1. Consider public testimony regardingthe proposed use of 2003 Local Law Enforcement Block Grant Program funds. Chief of Police Paul Conner made the staff presentation. The Local Law Enforcement Block Grant program allows police agencies to purchase items they normally would not be able to fund. The Department plans to provide matching funds from asset forfeitures (Law Enforcement Fund)to purchase an automated fingerprint identification system(AFIS). This system is an affordable way to accurately and quickly compare latent fingerprints—including partial and fragmentary palm prints—against locally recorded prints. Such a system links crimes committed by the same perpetrators by matching latents found at different crime scenes. This system also expedites the matching of new arrestees against a local database of latents collected from crime scenes. The system electronically reads latent prints into its system, and it can be connected to the AFIS system at the Texas Department of Public Safety,which itself is connected to a national system, where finger- and palm-print comparisons can be made on a national basis. In addition, this system would be linked.to identical systems in place at Austin Police Department and the Williamson County Sheriffs Office. Although the match required by the Justice Department is $2,045, this system will cost substantially more than the $20,449 total program budget required under the grant program. The Department plans to provide all matching funds for this grant program from asset forfeiture monies maintained in the Law Enforcement Fund, thus, general fund monies will not be used for this project. Purchase of this fingerprint system will allow the Police Department to • make significant improvements in its investigatory capacity. Since most crimes are committed locally, the ability to link and match against latent prints collected not only from Round Rock crime scenes but also from Austin and Williamson County investigations is expected to enhance our ability to stop chronic criminal activity. 177 AUGUST 28, 2003 Mayor Maxwell 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. Item 8.A. was • removed from the consent agenda and d addressed in its normal sequence of the agenda. *8.A. Consider approval of the City Council minutes for the July 24, 2003 Regular Session, and the August 14, 2003 Work Session and Regular Session. This item was removed from the consent agenda. 9.A.1. Consider an ordinance amending Chapter 4, Section 4.300 of the Round Rock Code of Ordinances (1995 Edition)regulating the operation of vehicle wrecker services within the city limits. (Second Reading) *9.B.1. Consider an ordinance amending Chapter 10, Section 10.400 and 10.600 of the Code of Ordinance (1995 Edition)to incorporate Texas Commission on Environmental Quality (TCEQ) changes into the existing pretreatment program. (Second Reading) • *9.0.1. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances (1995 Edition) amending the school speed zone on FM 3406 to include milepoint designations. (First Reading) *9.C.2. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances(1995 Edition) amending the speed zone on FM 3406 to include milepoint designations. (First Reading) *9.C.3. Consider an ordinance authorizing the placement of yield signs in the traffic circle at the intersection of Mayfield Ranch Boulevard and Blue Ridge Drive. (Second Reading) *9.C.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Forest Creek Subdivision, Sections 17, 19, 30 and 33. (Second Reading) *9.C.5. Consider an ordinance authorizing the placement of all-way stop signs at the • intersection of Sundance Parkway and La Frontera Boulevard. (Second Reading) *9.C.6. Consider an ordinance authorizing the placement of stop signs at various intersections in the Pioneer Crossing,Phase I Subdivision. (Second Reading) *9.C.7. Consider an ordinance authorizing the placement of stop signs at various intersections in the Hidden Glen,Phase 4-A Subdivision. (Second Reading) 178 AUGUST 28, 2003 *9.C.8. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma, Section 6 Subdivision. (Second Reading) *9.C.9. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest II, Village II A Subdivision. (Second Reading) *9.C.10. Consider an ordinance authorizing the placement of stop signs at various • intersections in the Behrens Ranch Subdivision, Sections C-lc, C-5 and)-2. (Second Reading) *10.C.1. Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding for HAM Radio Emergency Communications between the Williamson County Amateur Radio Emergency Services and the City of Round Rock providing additional means of radio communications in the City. *10.D.1. Consider a resolution authorizing the Mayor to execute a Supplemental Agreement to the Agreement for Application Software Products and Services with Open Software Solutions, Inc. for the Computer Aided Dispatch/Records Management System prosect. *10.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Agreement for Engineering_ Services with Chaing,Patel &Yerby, Inc. for the construction of water and sewer facility adjustments within the proposed FM 1460 • Roadway Reconstruction.Proiect. *10.F.4. Consider a resolution authorizing the Mayor to execute a letter of agreement with Paul Hornsby& Companfor professional appraisal services for right-of-way acquisitions for the G.O. Bond Downtown Streets Project. *101.5. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement No. 1 to the Agreement for Engineering Services with Lockwood, Andrews &Newman, Inc. for the G.O. Bond Round Rock West Street Proiect. *10.G.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Personal Services for Proiect Administration and Inspection with John H. Konzen for the 2002 CIP Tank Rehabilitation Project. • *10.G.2. Consider a resolution recommending Tom Clark, Director of Utilities to serve on the Brazos G Regional Water Planning Group. MOTION: Councilmember Rhode moved to approve all the items remaining on the list of the consent agenda. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt 17 9: AUGUST 28,2003 Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *.8.A. Consider approval of the Citv Council minutes for the July 24, 2003 Regular Session, and the August 14, 2003 Work Session and Regular Session. This item was removed from the consent agenda. Councilmember McGraw amended the minutes of August 14th and July 24th regarding extending the hours for the sale of alcoholic beverages specifically, the sentence, "if adopted staff is to bring back in 12 months from the effective date of the ordinance a report on the results or statistics regarding DWI incidents prior to and after the ordinance went into effect."He said that the report should not be limited to just DWI and should include all related incidents. MOTION: Councilmember McGraw moved to approve the minutes as amended. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ORDINANCES: *9.A.1. Consider an ordinance amending Chapter 4, Section 4.300 of the Round Rock Code of Ordinances (1995 Edition)regulating the operation of vehicle wrecker services within the city limits. (Second Reading) This item was approved under consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.300, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE REQUIREMENTS • FOR OPERATING A WRECKER BUSINESS THAT PERFORMS NONCONSENT TOWS WITHIN THE CITY; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. *9.B.1. Consider an ordinance amending Chapter 10, Section 10.400 and 10.600 of the- Code of Ordinance(1995 Edition) to incorporate Texas Commission on Environmental Quality (TCEQ) changes into the existing pretreatment program. (Second Reading) This item was approved under the consent agenda. 180: AUGUST 28,2003 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 10, SECTIONS 10.400 PRETREATMENT PROGRAM AND 10.600 ENVIRONMENTAL SERVICES FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.C.1. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances(1995 Edition) amending the school speed zone on FM 3406 to include is milepoint designations. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES. (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 9, SECTION 9.503 AMENDING THE SCHOOL SPEED ZONE ON FM 3406 TO INCLUDE MILEPOINT DESIGNATIONS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.C.2. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances (1995 Edition) amendingthe zone on FM 3406 to include milepoint designations. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS AMENDING THE SPEED ZONE ON FM 3406 TO INCLUDE MILEPOINT DESIGNATIONS; PROVIDING FOR A SAVINGS • CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.C.3. Consider an ordinance authorizing the placement of yield signs in the traffic circle at the intersection of Mayfield Ranch Boulevard and Blue Ridge Drive. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF MAYFIELD RANCH BOULEVARD AND BLUE RIDGE DRIVE AS A YIELD INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.C.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Forest Creek Subdivision, Sections 17, 19, 30 and 33. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF ORIGIN COVE AND CARNOUSTY STREET, STADLER COVE AND CARNOUSTY STREET, DAUFUSKIE ISLAND ROAD AND CARNOUSTY STREET, DAUFUSKIE ISLAND ROAD AND HARVEY PENICK DRIVE, BLUE MONSTER COVE AND HARVEY PENICK DRIVE, GLENEAGLES COVE AND HARVEY PENICK DRIVE, PUTTER COVE AND HARVEY PENICK DRIVE, CONWAY COVE AND LINKS LANE, LINKS,LANE AND HARVEY PENICK DRIVE, HARVEY PENICK COVE AND HARVEY PENICK DRIVE, AND DEL MONTE COVE AND HARVEY PENICK DRIVE AS STOP 181 AUGUST 28,2003 INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.C.5. Consider an ordinance authorizing the placement of all-way stop signs at the intersection of Sundance Parkway and La Frontera Boulevard. (Second Reading) This item was approved under the consent agenda. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF SUNDANCE PARKWAY AND LA FRONTERA BOULEVARD AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.C.6. Consider an ordinance authorizing the placement of stop signs at various intersections in the Pioneer Crossing,Phase I Subdivision. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF KENNEYS WAY AND PIONEER CROSSING DRIVE, KENNEYS WAY AND WAGON TRAIL, KETTLE COVE AND KENNEYS WAY AND FOUR CABIN COURT AND WAGON AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • *9.C.7. Consider an ordinance authorizing the placement of stop signs at various intersections in the Hidden Glen,Phase 4-A Subdivision. (Second Reading) This item was approved under theconsent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF LAUREL GROVE WAY AND PLANTATION DRIVE, AND LAS COLINAS WAY AND PLANTATION DRIVE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.C.8. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma, Section 6 Subdivision. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF RUSK ROAD AND FOREST CREEK DRIVE, FOREST CREEK DRIVE AND RUSK ROAD, BLACKSTONE COVE AND RUSK ROAD, FRICK LANE AND RUSK ROAD, FRICK LANE AND ARROWOOD PLACE, ARROWOOD PLACE AND RUSK ROAD, AND BAREFOOT LANE AND RUSK ROAD AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 182 AUGUST 28, 2003 *9.C.9. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest 11,Village II A Subdivision. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF DEEP RIVER CIRCLE AND FERNSPRING DRIVE, TRAILING VINE • WAY AND FERNSPRING DRIVE, SILENT BROOK TRAIL AND FERNSPRING DRIVE, TRAILING VINE WAY AND SILENT BROOK TRAIL, AND SILENT BROOK TRAIL AND DEEP RIVER CIRCLE AS STOP INTERSECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.C.10. Consider an ordinance authorizing the placement of stop signs at various intersections in the Behrens Ranch Subdivision, Sections C-lc, C-5 and D-2. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTIONS OF POINTE PLACE AND GOLDENOAK CIRCLE, BRIAR OAK LANE AND GOLDENOAK CIRCLE, GOLDENOAK CIRCLE AND GOLDENOAK CIRCLE, STONECREEK DRIVE AND GOLDENOAK CIRCLE, GOLDENOAK CIRCLE AND WYOMING SPRINGS DRIVE, ARBOR DRIVE AND BEHRENS PARKWAY, RANCH PARK TRAIL AND ARBOR DRIVE, SOPHORA COURT AND RANCH PARK TRAIL, CARYA COURT AND RANCH PARK TRAIL, COVINGTON PLACE AND GOLDENOAK • CIRCLE, AND ARBOR DRIVE AND RANCH PARK TRAIL 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 a Consulting Agreement with Interactive Ensemble, Inc. for Web Site Programming, Design, Licensing, and Hosting. Nancy Yawn, Business Development/Public Affairs made the staff presentation. The current economic development website, www.roundrocktex.com,was contracted to Warren Creative for design,which was one component of their marketing services. The site contains mostly static information about Round Rock's community, infrastructure and operations. The next step is needed to make this the premier Economic Development website. The Economic Development website needs upgrading to meet current IEDC standards. These upgrades will allow the website • to tie into the City's GIS system and provide contact management capabilities. This will benefit the City by having our target audience utilize the site and help keep the City in the evaluation process. A representative of Interactive Ensemble, Inc. gave an overview of the services that will be provided. RESOLUTION NO. 183. AUGUST 28,2003 WHEREAS, the City has a need for technical consulting services for web site programming, design, licensing, and hosting, and WHEREAS, Interactive Ensemble, Inc. has submitted a Consulting Agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Interactive Ensemble, 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 Consulting Agreement for Web Site Programming,Design,Licensing, and Hosting with • Interactive Ensemble, Inc., a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during.which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of August, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10. B.1. Consider a resolution authorizing the Mayor to execute an agreement with Bank One,NA for procurement card services. Cindy Demers, Finance Director made the staff presentation. The City is an authorized member of the Texas Building and Procurement Commission Co-Operative Purchasing Program. The current contract with Bank of America has expired. The Co-Operative Purchasing Program has selected Bank One for their procurement card program. Bank One program is an online web-based procurement card program. They offer • annual rebate incentives of.70 to .72%basis points based on purchases of$125,000. RESOLUTION NO. WHEREAS, the City of Round Rock("City") desires to'retain procurement card services, and WHEREAS, the City is a member of the Texas Building&Procurement Commission Co-Operative Purchasing Program which authorizes the City to participate in the Bank One,NA Procurement Card Program, and WHEREAS, the City Council desires to enter into an Agreement with Bank One,NA for procurement card services,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 184. AUGUST 28, 2003 That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Procurement Card Services with Bank One,NA, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of August, 2003. NYLE MAXWELL Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10.C.1. Consider a resolution authorizing the Mayor to execute a Memorandum of • Understanding for HAM Radio Emergency Communications between the Williamson County Amateur Radio Emergency Services and the City of Round Rock providing additional means of radio communications in the City. This item was approved under the consent agenda., RESOLUTION NO. WHEREAS, Williamson County Amateur Radio Emergency Services (WCARES) provides backup radio communication services to local governmental entities in the event of disasters or emergencies, and WHEREAS,the City of Round Rock and WCARES wish to enter into a Memorandum of Understanding outlining the coordination of their emergency communication operations,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Memorandum of Understanding with the Williamson County Amateur Radio Emergency Services, a copy of same 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 28th day of August, 2003. 10.C.2. Consider a resolution authorizing the City Manager to order one fire truck and to conditionally authorize the future purchase of up to two additional fire trucks from Siddons Fire Apparatus, Inc. through the Houston Galveston Area Council (HGAC). Lynn Bizzell, Fire _ F . 18:5 AUGUST 28,2003 Chief made the staff presentation. In November 2001,voters authorized the issuance of G.O. Bonds to finance the construction of Fire Station Number 6,which included the purchase of a fire truck for that station. Also included was the purchase of four replacement fire trucks, two of which have been purchased. Fire trucks require a manufacturing time of 6 to 8 months. In discussions for the purchase of the new truck for Fire Station Number 6, Siddons Fire Apparatus, • Inc. offered the City two options for consideration in purchasing(through HGAC) the remaining two trucks. Option II provides optimal savings and fits within the fire truck replacement timeline the City has established. This will allow for the City to take advantage of significant cost savings while preserving its ability to, at time of truck order, review the market to ensure competitive pricing and order the trucks upon availability of funds. The City pays for trucks only after delivery and testing by the Fire Department. There will also be savings of$147,957.00 for the purchase of the two additional trucks. RESOLUTION NO. WHEREAS, on November 6, 2001, following a properly held election, the citizens of the City of Round Rock authorized the City Council to issue bonds for the purpose, among others, of constructing and equipping fire department facilities as part of Proposition No. 3; and WHEREAS, as part of equipping current and future fire stations, offers have been obtained by the City of Round Rock for the purchase of one or more fire trucks through a cooperative purchasing program with the Houston Galveston Area Council of Governments; and WHEREAS,the City Council for the City of Round Rock deemed it to be in the best interests of the City to issue a portion of the bonds authorized by the passage of Proposition No. 3 for the construction of Fire Station No. 6 on May 1, 2002; and WHEREAS, such bond issuance secured funding for one fire truck for Fire Station No. 6; and WHEREAS, the City of Round Rock desires to place an order for the one fire truck through such cooperative purchasing program in accordance with Option II offered by Siddons Fire Apparatus,Inc., as is more fully detailed in Exhibit"A," attached hereto and incorporated herein; and WHEREAS, the City of Round Rock desires to secure the option of placing additional orders for one or more fire trucks through the cooperative purchasing program with the Houston Galveston Area Council of Governments in accordance with Option II offered by Siddons Fire Apparatus, Inc.; and WHEREAS, the funding of such additional orders shall be subject to and in accordance with the expenditure schedule of the 2002 G.O. Bonds and any future bond takedown schedules as determined by the City Council to be in the best interest of the City of Round Rock,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY,,OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized to place an order with Siddons Fire • Apparatus,Inc. through the Houston Galveston Area Council ("HGAC") of Governments' cooperative purchasing program for the purchase of one fire truck in accordance with Option II as described in Exhibit"A"; and BE IT FURTHER RESOLVED,- That ESOLVED;That the City Manager, subject to the future availability of funds and subject to the determination that the HGAC prices are competitive, is authorized to place one or more additional orders with Siddons Fire Apparatus, Inc.-, for the purchase of additional fire trucks through the HGAC's cooperative purchasing program in accordance with Option II as 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 bylaw at all times during which this Resolution and the 186 AUGUST 28,2003 subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of August, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Knight moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10.D.1. Consider a resolution authorizing the Mayor to execute a Supplemental Agreement to the Agreement for Application Software Products and Services with Open Software Solutions, Inc. for the Computer Aided Dispatch/Records Management System project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City has previously entered into an Agreement for Application Software Products and Services ("Agreement") with Open Software Solutions, Inc. for the purchase, installation, and support of a Computer Aided Dispatch/Records Management System, and WHEREAS, Open Software Solutions, Inc. has submitted a Supplemental Agreement to the Agreement to specify the warranty period for the project, and WHEREAS, the City Council desires to enter into said Supplemental Agreement with Open Software Solutions, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Supplemental Agreement to the Agreement for Application Software Products and Services with Open Software Solutions, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the • Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 28th day of August, 2003. 10.D.2. Consider a resolution authorizing the Mayor to make the necessary grant application to the U.S. Department of Justice's Local Law Enforcement Block Grant Program for the purchase of law enforcement equipment. A public hearing was held earlier in the meeting for this item. RESOLUTION NO. Q 7. 1' 8 l-. AUGUST 28,2003 WHEREAS, the U.S. Department of Justice, has grant funds available to cities for various law enforcement projects, and WHEREAS, Local Law Enforcement Block Grants ( LLEBG are available for funds to procure equipment, ptechnology, and other material directly related to basic law enforcement functions, and WHEREAS, the City Council wishes to make application for the LLEBG to provide financial assistance for the above-described items,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to make the necessary application for • the above-described grant. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of August, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt • Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10.E.1. Consider a resolution authorizing y the Mayor to execute Su lemental pp Agreement No. 3 to the Agreement 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. 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 Chiang,Patel &Yerby, Inc. for the construction of water and sewer facility adjustments within the proposed FM 1460 Roadway Reconstruction Project, and • WHEREAS, Chiang, Patel & Yerby, Inc. has submitted Supplemental Agreement No. 3 to the Contract for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 with Chiang, Patel &Yerby, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 3 to Contract for Engineering Services with Chiang, Patel & Yerby, Inc. to extend the contract date, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,.hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the 188. AUGUST 28, 2003 subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of August, 2003. 10.F.1. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with Kleinfelder for Construction Materials and Inspection and Testing Services for the Improvements to the Dell Diamond/United Heritage Facility, Tom Word, Chief of Public Works Operations made the staff presentation. Kleinfelder responded to a request for • qualifications for the testing of soils, steel masonry and concrete for structural engineering at the Dell Diamond/United Heritage Center Facility. Staff then requested a proposal for the work and inspections that were required. This service will provide professional testing services for different phases of construction at the Dell Diamond/United Heritage Center Facility at a cost of $18,473.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain construction materials and inspection and testing services for the improvements to the Dell Diamond/United Heritage Facility, and WHEREAS,Kleinfelder has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Kleinfelder,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services for Construction Materials and Inspection and Testing Services for the Improvements to the Dell Diamond/United Heritage Facility with Kleinfelder, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 28th day of August, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember • Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 189 AUGUST 28,2003 10.F.2. Consider a resolution authorizing the Mavor to execute a contract with D. Schaffer Concrete Co. for the construction of the G.O. Bond City Sidewalk Improvements— Segment 1 Proiect. Tom Word, Chief of Public Works Operations made the staff presentation. Seven bids were received on August 12, 2003 for the sidewalk project. This project will build approximately 7,6001.f. of sidewalk in the Chisholm Valley Subdivision and along Oxford • Boulevard, Stratford Drive and Windy Park. The project will complete a portion of the Overall Citywide Sidewalk Plan. The cost is $168,912. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Citywide Sidewalk Improvements - Segment 1 Project, and WHEREAS,D. Schaffer Concrete Co. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of D. Schaffer Concrete Co., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with D. Schaffer Concrete Co. for the Citywide Sidewalk Improvements - Segment 1 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 28th day of August, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • 10.F.3. Consider a resolution authorizing the Mavor to execute a contract with D. Schaffer Concrete Co. for the construction of the G.O. Bond City Sidewalk Improvements— Segment 2 Project. Tom Word, Chief of Public Works Operations made the staff presentation. Six bids were received on August 12, 2003 for the sidewalk project. This project will build approximately 11,6001.f. of sidewalk in The Woods, Hermitage, Sam Bass Trails, Egger Acres, 190 AUGUST 28, 2003 Mesa Park, Lake Creek,Dove Creek and Downtown Round Rock. This will complete a portion of the Overall Citywide Sidewalk Plan. The cost will be $248,000.00. RESOLUTION NO. WHEREAS,the City of Round Rock has duly advertised for bids for the Citywide Sidewalk Improvements - Segment 2 Project, and WHEREAS,D. Schaffer Concrete Co. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of D. Schaffer Concrete Co.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with D. Schaffer Concrete Co. for the Citywide Sidewalk Improvements - Segment 2 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 28th day of August, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10.F.4. Consider a resolution authorizing the Mayor to execute a letter of agreement with Paul Hornsby&Company for professional appraisal services for right-of-way acquisitions for the G.O. Bond Downtown Streets Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional appraisal services • regarding the acquisition of right-of-way for the Downtown Streets Project, and WHEREAS, Paul Hornsby & Company has submitted a letter of agreement to provide said services, and WHEREAS, the City Council desires to enter into said letter of agreement with Paul Hornsby& 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 letter of agreement with Paul Hornsby & Company for appraisal services regarding the acquisition of right-of-way for the Downtown Streets Project, a copy of said letter of agreement being attached. hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open 19� 1 AUGUST 28,2003 to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of August 2003. *10.F.5. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Lockwood Andrews & • Newman, Inc. for the G.O. Bond Round Rock West Street Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS; the City of Round Rock has previously entered into an Agreement for Engineering Services with Lockwood, Andrews &Newman, Inc. for the Round Rock West Street Improvements Project, and WHEREAS, Lockwood, Andrews &Newman, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Lockwood, Andrews &Newman, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Engineering Services with Lockwood, Andrews &Newman, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting • was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of August, 2003. *10.G.1. Consider a resolution authorizing the Mavor to execute Supplemental Agreement No. 1 to the Agreement for Personal Services for Proiect Administration and Inspection with John H. Konzen for the 2002 CIP Tank Rehabilitation Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Personal Services for Project Administration and Inspection for 2002 CIP Tank Rehabilitation Project with John H. Konzen, and WHEREAS, John H. Konzen has submitted Supplemental Agreement No. 1 to the Agreement to amend the fee and to extend the contract period, and WHEREAS,the City Council desires to enter into said Supplemental Agreement No. 1 • with John H. Konen,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That-the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Personal Services for Project Administration and Inspection for 2002 CIP Tank Rehabilitation Project with John H. Konen, 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 28th day of August, 2003. 192 AUGUST 28,2003 *10.G.2. Consider a resolution nominating Tom Clark,Director of Utilities to serve on the Brazos G Regional Water Planning Group. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Brazos G Regional Water Planning Group is accepting nominees for • members, and WHEREAS, the Round Rock City Council would like to nominate Tom Clark,Director of Utilities to serve as a representative on the Brazos G Regional Water Planning Group,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Tom Clark,Director of Utilities is hereby nominated to serve as a representative on the Brazos G Regional Water Planning Group. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of August 2003. APPOINTMENTS: 11.A. Consider 1 appointment to the Building Standards Commissions. Mayor Maxwell opened the floor for nominations. Brenda Masiello and Andy Combs were nominated. • MOTION: Councilmember Pitt moved that nominations cease. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. The following results are from a poll of the Council. Brenda Masiello - 2 votes Andy Combs - 5 votes - Appointed to fill the unexpired term COUNCIL COMMENTS: None • ADJOURNMENT: There being no further business, the meeting adjourned at 7:53 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary0 f , 193 SEPTEMBER 11,2003 The Round Rock City Council met in Regular Session on Thursday, September 11, 2003, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER- 7:00 P.M. The Session was called to order at 7:00 p.m. • PLEDGE OF ALLEGIANCE: Mayor Maxwell led the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: John Gordon, 1007 Green Meadow, administrator of the petition to repeal the ordinance that extends the hours to sell alcoholic beverages expressed his opinion regarding the City Charter process regarding who can carry or gather names on the petitions specifically the definition of a qualified voter. • Carl Fork 501 S. Lake Creek Drives spoke a against the ordinance extending the hours for the sale of alcoholic beverages. PROCLAMATIONS: S.A. Consider a proclamation proclaiming September 27, 2003 as Public Safety Day sponsored by Round Rock Noon Kiwanis. Mayor Maxwell read the following proclamation and presented it to representatives from Round Rock Noon Kiwanis. Whereas,Public Safety Awareness Day began around 1986 as a way to increase public awareness of the many and diverse roles of the Round Rock Fire Department,Police Department, and Emergency Medical Services (EMS); and Whereas, as our City has grown throughout the years, these public services have increased their presence in the community; and Whereas,the Round Rock Fire Department,Police Department, and EMS have routinely • provided the City with necessary services in an efficient,professional and courteous manner, and actively promotes and encourages the goals of providing an attractive, safe and economically sound environment for its businesses and citizens; and Whereas,the Round Rock Noon Kiwanis is a non-profit civic organization that was founded in 1952 and have dedicated themselves to improving and enhancing the lives of young children in the City of Round Rock; and Whereas, since 1991 Kiwanis has held an Annual Pancake Breakfast Fundraiser for all citizens to enjoy and then donating the proceeds of the fundraiser to the Texas Baptist Children's Home,Williamson County& Cities Health Department, scholarships to all high schools in the Round Rock area, the YMCA, and many others; and Whereas, these two events were brought together several years ago on the front lawn of the Texas Baptist Children's Home to bring greater awareness to our community of the many 19 4 SEPTEMBER 11, 2003 The Round Rock City Council met in Regular Session on Thursday, September 11, 2003, in the Ci Council.Chamber, 221 E. Main Street. C L REGULAR SESSION TO ORDER- 7:00 P.M. The ssion was called to order at 7:00 p.m. PLED OF ALLEGIANCE: • Mayor M well led e Pledge of Allegiance. ROLL CAL se members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilme an McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmembe cott de and Councilmember Gary Coe. Also present were City Manager Jim Nuse and 'ty orney Steve Sheets. CITIZENS COM C TIONS: John Gordon, 1007 G e eadow, administrator of the petition to repeal the ordinance that extends the hours to sell al oho ' erages expressed his opinion regarding the City Charter process regarding who ca c or gather names on the petitions specifically the definition of a qualified voter. Carl Fork, 501 S. Lake Creek" spoke against the ordinance extending the hours for the sale of alcoholic beverages. 4 PROCLAMATIONS: S.A. Consider a proclamatio ro ming September 27 2003 as Public Safety Da sponsored by Round Rock Noon Kiwanis. Mayor Maxwell read the following proc ation and presented it to representatives from Round Rock Noon Kiwanis. Whereas, Public Safety Awareness Day beg and 1986 as a way to increase public awareness of the many and diverse roles of the Roun k Fire Department, Police Department, and Emergency Medical Services (EMS); and Whereas, as our City has grown throughout the e , these public services have increased their presence in the community; and Whereas, the Round Rock Fire Department, Poli Department, and EMS have routinely • provided the City with necessary services in an efficient, ofessional and courteous manner, and actively promotes and encourages the goals of providing a attractive, safe and economically sound environment for its businesses and citizens; and Whereas,the Round Rock Noon Kiwanis is a non-pr it civic organization that was founded in 1952 and have dedicated themselves to improving nd enhancing the lives of young children in the City of Round Rock; and Whereas, since 1991 Kiwanis has held an Annual Panca e Breakfast Fundraiser for all citizens to enjoy and then donating the proceeds of the fundraise to the Texas Baptist Children's Home, Williamson County& Cities Health Department, scholarsh'ps to all high schools in the Round Rock area, the YMCA, and many others; and Whereas, these two events were brought together several yea s ago on the front lawn of the Texas Baptist Children's Home to bring greater awareness to our ommunity of the many 19115: SEPTEMBER 11,2003 service opportunities available in Round Rock and the many roles that our public service departments fulfill. Now, Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim September 27, 2003, as "Public Safety Day Sponsored by Round Rock Noon Kiwanis" in the City-of Round Rock, Texas and urge all citizens to partake in all of the activities of the day and to practice Public Safety Awareness at all times. Proclaimed this 11th day of September 2003. • PUBLIC HEARINGS: 6.A.1. Consider public testimony concerning the proposed 2003-2004 Operating Budget for the City of Round Rock. David Kautz,Assistant City Manager/Chief Financial Officer and Cindy Demers,Finance Director made the staff presentation. Mr. Kautz reported that the Operating Budget includes the General Fund,the General Debt Service Fund, and the Water/Wastewater Utility Fund. The proposed budget requires a 35.7152 cent Property Tax Rate. He added that this budget maintains levels of service for a growing population at competitive rates while adhering to prudent financial policies. Ms. Demers summarized the proposed budget. 2003-2003 Proposed Budget • General Fund Revenues $56,355,350 Expenditures (56,351,183) Change in Fund Balance 4 167 I&S GO Debt Service Revenues $9,260,055 Expenditures (9,464,783) Change in Fund Balance 204 728 Utility Fund Revenues $24,483,700 Expenditures (24,433,623) Change in Working Capital $ 50.077 Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 6.A.2. Consider public testimony concerning the proposed 2003 property tax rate for • the City of Round Rock. David Kautz,Assistant City Manager/Chief Financial Officer made the staff presentation. The proposed Operating Budget for fiscal year 2003-04 is balanced at the Effective Tax Rate of 35.7152 cents per$100 of appraised taxable value. Proposed tax rate: $0.357152 Current tax rate (FY '03): $0.3422 Effective Tax Rate: $0.357152 19,, 61 SEPTEMBER 11, 2003 The Effective Tax Rate would impose the same total taxes as last year from properties on the tax roll this year that was also on the tax roll last year. This tax rate provides adequate funding for the proposed operating budget. It still remains a competitive rate when compared to other municipalities. Mayor Maxwell 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 and none were withdrawn from the consent agenda. *8.A. Consider approval of the City Council minutes for the August 20-21, 2003 Work Session and August 28, 2003 Regular Session. *9.C.1. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances (1995 Edition) amending the school speed zone on FM 3406 to include milepoint designations. (Second Reading) • *9.C.2. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances (1995 Edition) amending the speed zone on FM 3406 to include milepoint designations. (Second Reading) *10.A.1. Consider a resolution authorizing a property tax refund to Zion Christian Center for 2002 taxes in the amount of$643.74. *103.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Consulting Services with Halff Associates, Inc. for the Comprehensive Master Plan for the City-Wide Trail System. *10.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement with Martinez, Wright&Mendez, Inc. for Phase 2 of the redesign of Sam Bass Road from Meadows Drive to I1-1-35. • *10.E.4. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement with Page Southerland Page for the design of the Municipal Office Complex Parking Garage and Plaza and the Civil Engineering on the Senior Activity Center. 197. SEPTEMBER 11, 2003 *10.G.1. Consider a resolution authorizing the Mayor to execute a License Agreement with The Water Jug, Inc. for the right to install landscaping, and irrigation systems in the public right-of-way located along Liberty Avenue. MOTION: Councilmember Rhode moved to approve all the items remaining on the list • of the consent agenda. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *8.A. Consider approval of the City Council minutes for the August 20-21, 2003 Work Session and August 28, 2003 Regular Session. This item was approved under the consent agenda. ORDINANCES: 9.A.1. Consider an ordinance amending Chapter 9 of the Round Rock Code of • Ordinances (1995 Edition), adding Section 9.2200 Prohibiting Solicitation by Pedestrians on Public Rights-of-Way. (First Reading) Paul Conner,Police Chief made the staff presentation. In August, staff made a presentation to the Council regarding solicitations occumng on major thoroughfares in the City. The presentation indicated that soliciting from or by vehicle occupants could unnecessarily distract drivers, delay or obstruct the free flow of public travel, increase traffic congestion, and create unsafe conditions for vehicles, and the solicitors themselves. This proposed ordinance adds a new section to Traffic Regulations. This ordinance: • Prohibits solicitations upon public right-of-way of state or federal highways or City arterial roadways (as established in the City Transportation Master Plan); • Prohibits solicitations within 250 feet of an intersection crossing the state or federal highway or arterial roadway; • • Prohibits children 12 and younger from soliciting on any portion of a public right-of- way; and • Prohibits soliciting within 1,000 feet of a public or private elementary or secondary during certain hours. The effective date of this ordinance would be January 1, 2004 to ensure that there would be enough time to notify everyone that would be affected by this ordinance. ORDINANCE NO. 198 SEPTEMBER 11, 2003 AN ORDINANCE AMENDING CHAPTER 9, TRAFFIC REGULATIONS, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS ADDING SECTION 9.2200, PROHIBITING SOLICITATION BY PEDESTRIANS ON INTERSTATE HIGHWAYS, STATE HIGHWAYS, FARM-TO-MARKET ROADS OR ARTERIAL ROADWAYS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Coe seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.B.1. Consider an ordinance adopting the 2003-2004 Operating Budget for the City of Round Rock. (First Reading) A presentation was made for this item during the public hearing. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF • THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.B.2. Consider an ordinance adopting the 2003 property tax rate for the City of Round Rock. (First Reading) A presentation was made for this item during the public hearing. 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 2003. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw 19 91 SEPTEMBER 11,2003 Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • *9.C.1. Consider an ordinance amending Chapter 9 Section 9.503 of the Round Rock p Code of Ordinances (1995 Edition) amending the school speed zone on FM 3406 to include milepoint designations. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 9, SECTION 9.503 AMENDING THE SCHOOL SPEED ZONE ON FM 3406 TO INCLUDE MILEPOINT DESIGNATIONS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.C.2. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances (1995 Edition) amending the speed zone on FM 3406 to include milepoint designations. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS AMENDING THE SPEED ZONE ON FM 3406 TO INCLUDE MILEPOINT DESIGNATIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: *10.A.1. Consider a resolution authorizing a property tax refund to Zion Christian Center for 2002 taxes in the amount of$643.74. 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, Zion Christian Center has made an overpayment or erroneous payment of 2002 taxes in the amount of $643.74; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$643.74. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution'was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the z G. 0 SEPTEMBER 119 2003 subject matter hereof 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 September 2003. *10.13.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Consulting Services with Halff Associates, Inc. for the Comprehensive Master Plan for the City-Wide Trail System. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Consulting Services with Halff Associates, Inc. for the development of a Comprehensive Master Plan for the City-Wide Trail System, and WHEREAS, Halff Associates, Inc. has submitted Supplemental Agreement No. 1 to the Agreement to extend the contract period, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Halff Associates, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Consulting Services with Halff Associates, Inc. for the development of a Comprehensive Master Plan for the City-Wide Trail System, a copy of 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 1 lth day of September 2003. 10.C.1. Consider a resolution authorizing the City Manager to issue a Purchase Order to IES Interactive Training for the purchase of an interactive firearms training system. Captain Chris Bratton made the staff presentation. This item is for the purchase of an interactive training simulator for police firearms and use of force training. This multimedia system provides interactive video and computer-based simulations under the trainer's control. Officers respond to use-of-force scenarios as they normally would;when a weapon is used, it is computer-linked version of an officer's duty weapon and tracks accuracy without any actual bullets being used. The police trainer controls the outcome of training scenarios based on officer actions. The purchase is being made through the State Catalog Information Services Vendor program at a cost • of$63,159.00. It will be partially funded by the 2002 Local Law Enforcement Block Grant, which fully completes that grant program. The remainder of the cost($21,419.00)will be funded from a self-finance account from FY 2001-02. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase an interactive firearms simulation training system for the Police Department, and 2 G I SEPTEMBER 11,2003 WHEREAS, the City is a member of the Texas Building & Procurement Commission Co-Operative Purchasing Program("Co-Op"'), and WHEREAS, IES Interactive Training is an approved vendor of the Co-Op through the Catalog Information Services Vendor Program, and WHEREAS, the City wishes to issue a purchase order to IES Interactive Training, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to IES • Interactive Training for the purchase of an interactive firearms simulation training system for the Police Department. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public, as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 1 lth day of September 2003. MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. *l O.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement with Martinez, Wright&Mendez, Inc. for Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH-35. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for. Engineering Services with Martinez, Wright & Mendez, Inc. to complete Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH-35, and WHEREAS, Martinez, Wright & Mendez, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Martinez, Wright &Mendez, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City • Supplemental Agreement No. 1 to the Agreement for Engineering Services with Martinez, Wright & Mendez, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of September 2003. 202 SEPTEMBER 11,2003 10.D.2. Consider a resolution authorizing the Mayor to execute an Agreement Regarding Stormwater System and Dedication of Right-of-Way for Public Improvements with Chisholm Trail Developers Venture, Ltd. regarding the Chisholm Trail Reconstruction Project. Tom Word, Chief of Public Works Operations made the staff presentation. The G. O. Bond Program includes a project to reconstruct Chisholm Trail from Sam Bass Road to FM 3406. The street • will be widened to 5 lanes, which will require additional right-of-way. This agreement provides for donation of the necessary right-of-way by Chisholm Trail Developers Venture, Ltd., and for the development of joint drainage facilities for a portion of the project. This agreement reduces the cost of the Chisholm Trail Project and allows for the continued development of the project. RESOLUTION NO. WHEREAS, the City desires to undertake improvements to Chisholm Trail Road, which will include the design and construction of a regional drainage system within the eastern right-of- way of Chisholm Trail Road (the"Project"), and WHEREAS, Chisholm Trail Developers Venture, Ltd. ("CTDV") is the owner of certain real property located along Chisholm Trail Road, and WHEREAS, the City and CTDV wish to enter into an Agreement Regarding Stormwater System and Dedication of Right-of-Way for Public Improvements for the dedication of additional right-of-way by CTDV for the Project, and for the development of joint drainage facilities for a portion of the 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 an Agreement Regarding Stormwater System and Dedication of Right-of-Way for Public Improvements with Chisholm Trail Developers Venture, Ltd. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September 2003. MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.D.3. Consider a resolution authorizing the Mayor to execute a Utility Joint Use Agreement with the Texas Turnpike Authority Division of the Texas Department of Transportation in connection with the construction of SH 45 from McNeil Road to High Country Boulevard. Tom Word, Chief of Public Works Operations made the staff presentation. This 203 SEPTEMBER 11,2003 agreement is made by and between the Texas Turnpike Authority(TTA)Division of the Texas Department of Transportation(TXDOT) and the City of Round Rock. TTA proposes to undertake the relocation of the water and wastewater lines and appurtenances that currently are in conflict with the construction of SH 45 from McNeil Road to High Country Boulevard. The TTA • will be.paying the cost of adjusting,removing or relocating certain utility facilities of the City of Round Rock impacted by the Project and will reimburse the City for certain costs incurred by the City associated with the relocations. This agreement grants permission for existing and proposed relocated City of Round Rock water and wastewater utilities to be located in the SH45 right-of- way. RESOLUTION NO. WHEREAS, the Texas Turnpike Authority Division of the Texas Department of Transportation ("TTA") proposes to design, construct, and operate a turnpike project generally described as SH 45 from McNeil Road to High Country Boulevard("Project"), and WHEREAS, the City of Round Rock proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over the Project right-of-way, and WHEREAS, the City of Round Rock wishes to enter into a Utility Joint Use Agreement with the TTA for the joint use of utilities in connection with the 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 Utility Joint Use Agreement with the Texas Turnpike Authority Division of the Texas Department of Transportation in connection with the construction of SH 45 from McNeil Road to High Country Boulevard, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of September 2003. MOTION: Councilmember Pitt moved to approve the resolution. Councilmember. McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.D.4. Consider a resolution authorizing the Mayor to execute a Utility Adjustment Agreement with the Texas Turnpike Authority Division of the Texas Department of Transportation in connection with the construction of SH 45 from McNeil Road to High Country 204 SEPTEMBER 11, 2003 Boulevard. Tom Word, Chief of Public Works Operations made the staff presentation. This Agreement is made by and between the Texas Turnpike Authority(TTA)Division of the Texas Department of Transportation(TXDOT) and the City of Round Rock. TTA proposes to undertake the relocation of the water and wastewater lines and appurtenances that currently are in conflict with the construction of SH 45 from McNeil Road to High Country Boulevard. The TTA • will be paying the cost of adjusting,removing or relocating certain utility facilities of the City of Round Rock impacted by the Project and will reimburse the City for certain costs incurred by the City associated with the relocations. The cost for this project is assumed by the State and Williamson County. This agreement demonstrates Round Rock's support for and facilitates the construction of the SH 45 project. RESOLUTION NO. WHEREAS, the Texas .Turnpike Authority Division of the Texas Department of Transportation ("TTA") proposes to design, construct, and operate a turnpike project generally described as SH 45 from McNeil Road to High Country Boulevard ("Project"), and WHEREAS, the City of Round Rock has requested that the TTA undertake the construction of adjusting, removing or relocating certain City of Round Rock utility facilities impacted by the Project, and WHEREAS, the TTA desires to enter into a Utility Adjustment Agreement with the City of Round Rock for the adjustment, removal or relocation of City of Round Rock utility facilities, • Now Therefore BE IT RESOLVED BY 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 Utility Adjustment Agreement with the Texas Turnpike Authority Division of the Texas Department of Transportation in connection with the construction of SH 45 from McNeil Road to High Country Boulevard, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of September 2003. MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.E.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Espey Consultants Inc. for the South Creek Channel Improvements 205. SEPTEMBER 11,2003 Project. Tom Word, Chief of Public Works Operations made the staff presentation. The scope of this project is to develop construction plans for:Dry Branch Tributary No. 1 channel through South Creek subdivision up to A.W. Grimes Boulevard, Dry Branch channel in South Creek subdivision from Mimosa Drive to its confluence with D Branch Tributary No. 1 new slope Dry �'Y p • stabilization for Dry Branch Tributary No. 1 near its intersection with Gattis School Road just west of the Clay Madsen Recreation Center, and drainage improvements on Greenlawn Boulevard just north of its northern intersection with Parkside Circle to help alleviate inundation of the area during intense rainfall events. An agreement for preliminary engineering study of these drainage concerns was previously approved and has expired. This new agreement will provide design of channel improvements that will increase channel capacity and improve the appearance and maintainability of Dry Branch Tributary No. 1. The City also has committed to constructing the portion of Dry Branch Tributary No. 1 from A.W. Grimes to South Creek in conjunction with the A.W. Grimes project, and the design of this portion is included in this engineering agreement. This engineering agreement will provide design engineering to address the stability/maintenance problems with the stone side slope armoring in the vicinity of Gattis School Road. This agreement includes services required to coordinate with the U.S. Army Corps of Engineers regarding any of the areas included in the agreement. Also, this agreement will provide design of corrective drainage improvements in the area of Greenslopes abutting the western side of Dry Branch Tributary No. 1. In November 2001, voters approved the issuance of bonds for the engineering and construction of most of the noted improvements. The portion of Dry Branch Tributary No. 1 from South Creek to A.W. Grimes will be funded by funds identified by the Chief of Operations. The cost for this agreement will be $187,494.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the South Creek Channel Improvements Project, and WHEREAS, Espey Consultants, Inc. has submittedan Agreement for Engineering Services to provide said services, and • WHEREAS, the City Council desires to enter- into said agreement with Espey Consultants, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to .execute on behalf of the City an Agreement for Engineering Services with Espey Consultants, Inc. for the South Creek Channel Improvements Project, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 206 SEPTEMBER 11,2003 RESOLVED this 11th day of September 2003. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.E.2. Consider a resolution authorizing the Mayor to execute a contract with Ballou Construction Co., Inc. for the Street Maintenance Program Phase 2/Microsurfacing 2003 Project. Tom Word, Chief of Public Works Operations made the staff presentation. This contract will encompass the Mesa Park, Mesa Ridge, Egger Acres, Greenhill, Chapel Hill and Sunrise Vista areas. Along with this project repairs will be done to Greenlawn Boulevard, Southeastern and Southwestern Trails and Buffalo Pass. The cost of this program will be $1,694,450.90. This type of surface treatment will give the roads an extended life as well as a • better skid resistant value. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Street Maintenance Program Phase 2/Micro-Surfacing 2003 Project, and WHEREAS, Ballou Construction Co., Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Ballou Construction Co., Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Ballou Construction Co., Inc. for the Street Maintenance Program Phase 2/Micro- Surfacing 2003 Project. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of September 2003. MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Pitt • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None 207 SEPTEMBER 11, 2003 ACTION: The motion carried unanimously. 10.E.3. Consider a resolution authorizing the Mayor to execute a Contract of Sale with Oncor Electric Delivery Companv for the purchase of property for the new downtown Fire Station. This item was withdrawn from the agenda at the request of staff. • *10.E.4. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement with Page Southerland Page for the design of the Municipal Office Complex Parking Garage and Plaza and the Civil Engineering on the Senior Activity Center. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously. entered into a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ("Agreement") and Supplemental Agreement No. 1; with Page Southerland Page, L.L.P. for the design of the Municipal Office Complex Parking Garage and Plaza and the Civil Engineering on the Senior Activity Center, and WHEREAS, Page Southerland Page, L.L.P.-has submitted Supplemental Agreement No. 2 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with PaSoutherland Page S Page,L.L.P.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 with Page Southerland Page, L.L.P., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. rP The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September, 2003. 10.F.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with RJN Group, Inc. for the 2002-2003 Wastewater Collection System Inspection of Non-Edwards Aquifer Basins BC07 and LC12. Tom Word, Chief of Public Works Operations made the staff presentation. This agreement is to provide television inspection analysis and reports on the City of Round Rock wastewater collection system in two basins (BC07 and LC12). These basins are located within the Non-Edwards Aquifer Recharge Zone • portion of the City. The City I&I Department televised the wastewater collection system within these two basins. RJN will review the televised tapes and then provide recommendations for future repairs of the collection system in these basins. Repairs will be recommended for areas with structural damage and defects such as offsets, open joints, or cracked or crushed lines that would allow infiltration to occur. Lines with damages or defects will be repaired within one year of inspection. The engineer has agreed to perform these services for$34,299. Elimination of 208 SEPTEMBER 11,2003 defects will reduce inflow and infiltration entering the system,thereby reducing the City's treatment cost to the Lower Colorado River Authority(LORA) and the Brazos River Authority (BRA),who own and operate the Brushy Creek Regional Wastewater Treatment Plant. RESOLUTION NO. WHEREAS, the City of Round Rock desires to,retain engineering services for the 2002- • . 2003 Wastewater Collection System Inspection of Non-Edwards Aquifer Basins BC07 and LC 12, and WHEREAS, RJN Group, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with RJN Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with RJN Group, Inc. for the 2002-2003 Wastewater Collection System Inspection of Non-Edwards Aquifer Basins BC07 and LC12, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares,that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of September 2003. MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Pitt seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10.G.1. Consider a resolution authorizing the Mayor to execute a License Agreement with The Water Jug, Inc. for the right to install landscaping, and irrigation systems in the public right-of-way located alongLiberty iberty Avenue. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas is the owner of the public right-of-way located along Liberty Avenue, and • WHEREAS, the Water Jug, Inc. desires to exercise certain rights and privileges in the public right-of-way located along Liberty Avenue,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a License Agreement with The Water Jug, Inc. for the right to install landscaping, and irrigation systems and sidewalks in, over and upon the public right-of-way located along Liberty Avenue, a copy of said License Agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the 209 SEPTEMBER 11, 2003 subject matter hereof 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 September 2003. 10.H.1. Consider a resolution requesting TXU Gas Company to amend its rate increase filing and providing for the dismissal of TXU Gas Company's requested rates if the amendment • is not made. David Kautz, Assistant City Manager made the staff presentation. On June 12, 2003 the City adopted a resolution suspending the effective date of the tariffs filed with the City in order to permit the City to review the TXU rate filing. The City joined a coalition of other Texas cities known as the Alliance of TXU Municipalities to employ lawyers to represent the City with regard to the rate filing. The City has determined that the rate request includes increased charges or rates for pipeline transmission, transportation and delivery of gas outside the territorial limits of the City. The City has no authority to set rates for the pipeline services outside the City arid; therefore, seeks to have the rate filing'statement amended or dismissed. This action seeks to limit the rate filing to issues that are within the City's original jurisdiction. RESOLUTION NO. WHEREAS, on or about May 23, 2003 TXU Gas Company ("TXU") filed with the City of • Round Rock, ("City") a Statement of Intent to Increase Rates; and WHEREAS, on June 12, 2003, the City adopted Resolution No. R-03-06-12-10C1 suspending the effective date of the tariffs filed with the City for ninety days from the originally scheduled effective date of June 27, 2003 in order to permit the City to properly review the TXU Statement of Intent; to join a coalition of other Texas cities known as the Alliance of TXU Municipalities ("ATM"); to employ lawyers to represent the City with regard to the Statements of Intent filed at the City and at the Railroad Commission of Texas; to authorize the steering committee of ATM to provide direction and guidance to the lawyers who are representing said cities; and to employ such rate experts as are necessary as recommended by the steering committee for ATM; and WHEREAS, as a result of such review, the City`has determined that the increase in distribution rates requested by TXU include increases in charges or rates for pipeline transmission, transportation and delivery of gas outside the territorial limits of the City; and WHEREAS, the City has no authority to set rates in which increases for pipeline services outside the City are included within the requested increases for distribution rates,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT: 1. The findings set out in the preamble to this resolution are hereby in all things approved and adopted. 2. The City has no authority to set rates in response to Statement of Intent in light of the fact that the City has no jurisdiction over the bundled distribution/pipeline rates requested by TXU. 3. TXU will be given ten (10) days from the adoption of this resolution to amend its Statement of Intent to remove all requested increases for TXU Lone Star Pipeline or for pipeline services • located outside the City from its requested increases in distribution rates. 4. In the event TXU fails to amend its Statement of Intent to conform to Section 3, then TXU's requested increase in rates is in all respects dismissed. 5. Notice of this resolution shall be faxed and mailed to Mr. Autry Warren, TXU Business Services, Director Gas Regulatory, 1601 Bryan Street, Dallas, Texas 75201-3411, the day following the Council meeting on the date this resolution was adopted. Mr. Warren's fax number is (214) 880- 0011. 6. This resolution shall be effective immediately upon passage. 210 SEPTEMBER 11,2003 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of September 2003. MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:00 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary 21: 1: SEPTEMBER 25, 2003 The Round Rock City Council met in Work Session and Regular Session on Thursday, September 25, 2003, in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER—6:00 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot • Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. PRESENTATIONS: 3.A.1. Consider a presentation concerning streets and parking in the Southwest Downtown Planning area. Joe Vining,Director of Planning and Community Development made the staff presentation. The Planning and Community Development Department has been conducting a series of neighborhood meetings to develop a plan for the redevelopment of the Southwest Downtown area. Page Southerland Page presented three options for on-street parking in this area at the September 16, 2003 Southwest Downtown Plan meeting. Mr. Vining asked the Council to step down from the dais to get a closer look at the • concept drawings provided by Page Southerland Page. The drawings addressed three different scenarios for parking on Mays Street. The three scenarios included all angle parking, all parallel parking, and a combination of both. After discussion between staff and Council, it was the consensus of the Council that the preferred scenario was the combination of both angle and parallel parking. 3.B.1. Consider a presentation concerning the design, construction and operation of a family aquatics center to be located in Old Settlers Park at Palm Valley.. Sharon Prete, Parks and Recreation Director made the staff presentation. A facility has been part of the park master plan since its adoption in the late 1980's by Council. Voters approved$2,800,000.00 to begin this project as part of the Old Settlers Park at Palm Valley improvements in the 2001 General Obligation Bond Election. In February the City entered into an agreement with Kimley-Horn& • Associates, Inc. to begin the schematic design phase. This phase is nearing completion and it is time to go to the next steps which are to educate Council on the project and perform a feasibility study(Enterprise Plan). Mark Hatchel, of Kimley-Horn and Jim Browne,Recreation Director of North Richland Hills Parks,made presentations. 212 SEPTEMBER 25,2003 Mr. Hatchel gave an overview of the proposed design of the aquatics center focusing on trends, the facility and the Enterprise Plan process. Mr. Browne outlined the history and familiarized the Council with the publicly owned and operated facility that is in North Richland Hills (NRH2O). He also showed a video that gave an overview of NRH2O and gave a summary of the revenues and expenses incurred with the water park. Mr. Browne explained the advantages/disadvantages of private vs. public parks, and outlined a case study of family/water park success. David Kautz,Assistant City Manager outlined different funding options. He explained that currently there is not a dedicated revenue stream but staff can look at the issuance of revenue bond, general obligation bonds or a less expensive means to fund a park similar to NRH2O. The Work Session adjourned at 7:03. At this point,Mayor Maxwell called for a five minute recess. CALL REGULAR SESSION TO ORDER- 7:15 P.M.. PLEDGE OF ALLEGIANCE: Mayor Maxwell.led the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom • Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Alicia Carlile, 2612 Sinclair Street, and members of the Round Rock Senior Center Foundation presented to the Council Senate Concurrent Resolution No. 26 which was adopted by the 78th Legislature of the State of Texas that designates the City of Round Rock as the official Daffodil Capital of Texas. In addition,Ms. Carlile informed everyone that daffodil bulbs would be going on sale at the Senior Center or can be purchased from any member of the Senior Center Foundation beginning October 11, 2003. • Mayor Maxwell presented Beth Carlile with a certificate recognizing her for being a nominee for the 2003 Andrus Award for Community Service. Beth Carlile serves as the president of the local AARP Chapter 4195, and was one of 34 nominees for the Andrus Award. John Gordon, 1007 Green Meadow, reported that he was the Administrator of the Petitioner' Committee to repeal the ordinance which extends the hours for the sale of mixed beverages and beer and was officially filing signed petitions that would need to be certified by 21.- 3 SEPTEMBER 25, 2003 the City Secretary as to their sufficiency before the Council can proceed in addressing the Petitioner's Committee request. Mr. Gordon outlined the process the committee followed to comply with the requirements of filing a petition to repeal an ordinance. PROCLAMATIONS: 8.A. Consider a proclamation observing October 5, 2003.as National Fallen Firefighters • Memorial Service day by lowering American flags on all municipal buildings to half-staff. Mayor Maxwell read the following proclamation and presented it to members of the Round Rock Fire Department. Whereas,the Congress and President of the United States have designated the day of the annual National Fallen Firefighters Memorial Service as a day to honor firefighters and emergency personnel who have sacrificed their lives to save others by lowering the American flag on all federal buildings to half-staff; and Whereas, an average of 100 firefighters courageously make the ultimate sacrifice in the line of duty each year; and Whereas,the events of September 11, 2001,brought national attention to the duties, responsibilities,hazards, and sacrifices faced by fire and emergency services personnel on a daily basis; and Whereas, firefighters and emergency personnel play an essential role in the protection of lives and property in our community, Now Therefore, I,Nyle Maxwell Mayor of the City of Round Rock, Texas now call upon all citizens of Round Rock and upon all patriotic, civic and educational organizations to observe the day of October 5, 2003, in recognition of the patriotic service and dedicated efforts of our fire • and emergency services personnel by lowering American flags on all buildings to half-staff. I also encourage appropriate services and ceremonies in which all of our citizens may join in to honor fire and emergency services personnel,past and present,who,by their faithful and loyal devotion to duties,have rendered,invaluable service to their community and its citizens. Further, I call upon the citizens of Round Rock to remember all fire and emergency personnel who have made the ultimate sacrifice in service to their community and to pay respect to the survivors of our fallen heroes. Proclaimed, this 25th day of September 2003. PRESENTATIONS: 9.A. Continuation of presentations not addressed during the Work Session. All of the presentations were addressed during the work session. PUBLIC HEARINGS: 10.A.1. Consider public testimony concerning the proposed FY 2003-2004 Operating Budget for the City of Round Rock. David Kautz,Assistant City Manager/Chief Financial • Officer made the staff presentation. The proposed Operating Budget contains a spending plan and revenue estimates for the General Fund,the Debt Service Funds, and the Water/Wastewater Utility Fund and adequately funds City services and also recognizes for The budget is balanced with no The total operating budget is $91,918,764 a 7.3%increase over the 2002-2003 budget. This figure includes $56,351,183 for the General Fund, $9,464,783 for the Debt Service Funds and$24,433,623 for the Water/Wastewater Utility Fund. The proposed budget requires a 21. 4 SEPTEMBER 25,2003 35.7152 cent property tax rate. This budget maintains levels of service for a growing population at competitive rates while adhering to prudent financial policies. Cindy Demers,Finance Director gave an overview of the following: New programs in the General Fund continue to focus on public safety. The current new programs being considered include the addition of 29.75 new full-time employees. Of that number, 24.5 are attributable to new programs in the police and fire departments, including 7 new police officers and 12 new • firefighters for the manning of the new Fire Station No. 6. Additional funding is included for a reference librarian,new parks personnel, municipal court personnel and a GIS specialist. New programs in the Utility Fund include 6 additional personnel to staff the expanded water plant, maintain the growing number of water and wastewater lines and provide support for the expanding utility system. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 10.A.2. Consider public testimony concerning the proposed 2003 property tax rate for the City of Round Rock. The proposed Operating Budget for fiscal year 2003-04 is balanced at the Effective Tax Rate of 35.7152 cents per$100 of appraised taxable value. The Effective Tax • Rate would impose the same total taxes as last year from properties on the tax roll this year that was also on the tax roll last year. This tax rate provides adequate funding for the proposed operating budget. It still remains a competitive rate when compared to other municipalities. Mayor Maxwell 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. Item 13.A.1. was removed from the consent agenda and considered in its normal sequence on the regular agenda. *12.A. Consider approval of the City Council minutes for the September 11, 2003 • Regular Session. *13.A.1. Consider an ordinance amending Chapter 9 of the Round Rock Code of Ordinances (1995 Edition), addiniz Section 9.2200 Prohibiting Solicitation by Pedestrians on Public Rights-of-Way. (Second Reading) This item was withdrawn from the consent agenda and addressed in its normal sequence of the agenda. 21. 5 SEPTEMBER 25,2003 *13.C.1. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances (1995 Edition) establishinga45-mph speed zone on a portion of Chandler Road. (First Reading) *14.A.1. Consider a resolution authorizing the closing of streets on October 2, 2003 for the Round Rock High School Homecoming Parade. 14.A.2. Consider a resolution authorizing the closing of streets on October 4, 2003 for a Coats for Kids Fun Run. *143.2. Consider a resolution authorizing the Mayor to execute Advance Funding Agreement Amendment No. 2 with the Texas Department of Transportation for the North Mays Sidewalk Construction Project. *14.C.2. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with H. Deck Construction for the Improvements for Chisholm Trail North, Orion Street and Old Settlers Park Parking Lots. *14.C.6. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Baker-Aicklen&Associates, Inc. for subdivision plattingat t the • Municipal Office Complex. *14.C.7. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with K.C. Engineering, Inc. for the G.O. Bond Citywide Sidewalks, Segment 1 Project. *14.C.8. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Burv+Partners, Inc. for the G.O. Bond Citywide Sidewalks, Segment 2 Project. *14.1).1. Consider a resolution authorizing the Mayor to execute a Funding Approval/Agreement with the U.S. Department of Housing and Urban Development. MOTION: Councilmember Coe moved to approve all the items remaining on the the • consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. - SEPTEMBER 25, 2003 APPROVAL OF MINUTES: *12.A. Consider approval of the City Council minutes for the September 11, 2003 Regular Session. This item was approved under the consent agenda. ORDINANCES: *13.A.1. Consider an ordinance amending Chapter 9 of the Round Rock Code of • Ordinances (1995 Edition), adding Section 9.2200 Prohibiting Solicitation by Pedestrians on Public Rights-of-Way. (Second Reading) Paul Conner,Police Chief made the staff presentation. In August, staff made a presentation to City Council regarding solicitations occurring on major thoroughfares in the City. The presentation indicated that soliciting from or by vehicle occupants can unnecessarily distract drivers, delay or obstruct the free flow of public travel, increase traffic congestion, and create unsafe conditions for vehicles, and the solicitors themselves. This proposed ordinance adds a new section to Traffic Regulations. Generally, this ordinance: • Prohibits solicitations upon public right-of-way of state or federal highways or City arterial roadways (as established in the City Transportation Master Plan); • Prohibits solicitations within 250 feet of an intersection crossing the state or federal highway or arterial roadway; • Prohibits children 12 and younger from soliciting on any portion of a public right- of-way; and • • Prohibits soliciting within 1,000 feet of a public or private elementary or secondary school during certain hours. Councilmember McGraw asked Chief Conner to report back to the Council if a solicitation problem moves into the neighborhoods. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, TRAFFIC REGULATIONS, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS ADDING SECTION 9.2200, PROHIBITING SOLICITATION BY PEDESTRIANS ON INTERSTATE HIGHWAYS, STATE HIGHWAYS, FARM-TO-MARKET ROADS OR ARTERIAL ROADWAYS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 21. 7 SEPTEMBER 25,2003 13.13.1. Consider an ordinance adopting the 2003-2004 Operating Budget for the City of Round Rock. (Second Reading) A presentation was made on this item during the public hearing portion of this meeting. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND • ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt, Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.13.2. Consider an ordinance adopting the 2003 property tax rate for the City of Round Rock. (Second Reading) A presentation was made on this item during the public hearing portion • of this meeting. There is no tax increase over the effective tax rate. 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 2003. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. 13.13.3. Consider an ordinance approving Amendment No. 2 to the FY 2002-2003 Operating Budget. (First Reading) Cindy Demers,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 delayed implementation of budgeted programs and sales tax revenues. The amendment also reflects the planned allocation of 218 SEP'T'EMBER 25,2003 available funds from the utility operating fund to the utility capital construction program. Utilizing available cash for specific,non-recurring capital purchases reduces the need for borrowing,resulting in lower future tax rates. Ms. Demers outlined the following: Net Department Savings $( 877,500) Capital Items Police Building Repairs $ 100,000 CMRC Fitness Room Expansion 106,000 • Library/Fire Capital Equipment 63,000 Information Technology Program 290,000 Transfer to General Capital Improvements 1,728,500 Total General Fund Budget Revision#2 $1,410,000 Transfer to Utility Capital Improvement Program $13,000,000 ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO. 2 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2002-2003. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *13.C.1. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances (1995 Edition) establishinga45-mph speed zone on a portion of Chandler Road. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF CHANDLER ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: *14.A.1. Consider a resolution authorizing the closing of streets on October 2, 2003 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 2, 2003 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 School, and 219 SEPTEMBER 25, 2003 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 2, 2003 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 25th day of September, 2003. *14.A.2. Consider a resolution authorizing the closing of streets on October 4 2003 for a Coats for Kids Fun Run. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Round Rock Volunteer Center has requested that La Frontera Boulevard from Hesters Crossing to Sundance Parkway, Sundance Parkway from La Frontera Boulevard to Kouri Avenue, and Kouri Avenue from Hesters Crossing to Sundance Parkway, be closed from 7:00 o'clock a.m. until 9:30 o'clock a.m. on October 4, 2003 for the Round Rock Coats for Kids Fun Run, and WHEREAS, the Council wishes to grant such request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the streets along the run route be closed as set forth above from 7:00 o'clock a.m. until 9:30 o'clock a.m. on October 4, 2003 for the Round Rock 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 25th day of September, 2003. 14.B.1. Consider a resolution authorizing the MUor to execute an Agreement for Engineering services with HDR Engineering, Inc. for Arterial A between US 79 and Chandler Creek. Tom Word, Chief of Public Works Operations made the staff presentation. This agreement will provide for the completion of a revised design from concrete girder bridge to steel beam super structure bridge for the Union Pacific Railroad (UPRR)Underpass Bridge, completion of the design of the UPRR shoe-fly track at Arterial A, identification of ROW between US.79 and Chandler Creek,provision of ROW limits for ROW identification and documentation and project coordination with SAM, Inc., the City, the Texas Department of Transportation, and Carter-Burgess. The total cost of this project is $166,294.08. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for work on Arterial A between US 79 and Chandler Creek, and WHEREAS, HDR Engineering, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with HDR Engineering, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with HDR Engineering, Inc. for work on Arterial A between US 79 and Chandler Creek, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. 220 SEPTEMBER 25,2003 The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of September, 2003. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary • MOTION: Mayor Pro-tem Nielson moved to adopt the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14.B.2. Consider a resolution authorizing the Mayor to execute Advance Funding Ajreement Amendment No. 2 with the Texas Department of Transportation for the North Mays Sidewalk Construction Project. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Advance Funding Agreement ("Agreement") with the Texas Department of Transportation ("TxDOT") for the North Mays Street sidewalk construction project("Project"), and WHEREAS, the City Council desires to enter into Amendment No. 2 to the Agreement with TxDOT to transfer administration of the construction phase of the Project from TxDOT to the City of Round Rock,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Advance Funding Agreement Amendment No. 2 with TxDot, a copy of said Amendment No. 2 being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 25th day of September, 2003. 14.C.1. Consider a resolution authorizing the Mayor to execute a contract with Allstate • Services, Ltd. for the construction of the Citywide Sidewalk Improvements Segment 3 and Forest Creek Safety and Sidewalk Improvements. Tom Word, Chief of Public Works Operations made the staff presentation. Three bids were received on September 9, 2003 for this sidewalk project. Allstate Services, Ltd. submitted the lowest bid of$186,880. This project will complete a portion of the Overall Citywide Sidewalk Plan. It will build approximately 5,10011. of 22. 1: SEPTEMBER 25, 2003 sidewalk along Oak Ridge Drive in Round Rock West and along Twin Ridge Parkway in Oak Bluff Estates. It will also build approximately 2,5001.f. of sidewalk in various areas in the Forest Creek subdivision and will accomplish various safety improvements in the same area. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of • the Citywide Sidewalk Improvements Segment 3, and Forest Creek Safety and Sidewalk Improvements, and WHEREAS,Allstate Services, Ltd. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Allstate Services, Ltd., Now Therefore ' BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Allstate Services, Ltd. for the construction of the Citywide Sidewalk Improvements Segment 3, and Forest Creek Safety and Sidewalk Improvements. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of September, 2003. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary • MOTION: Mayor Pro-tem Nielson moved to adopt the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14.C.2. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with H. Deck Construction for the Improvements for Chisholm Trail North, Orion Street and Old Settlers Park Parking Lots. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with H. Deck Construction for Improvements to Chisholm Trail North, Orion Street and Old Settlers Park Parking Lots, 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 H. Deck Construction for Improvements to 222 SEPTEMBER 25, 2003 Chisholm Trail North, Orion Street and Old Settlers Park Parking Lots, 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 25th day of September, 2003. 14.C.3. Consider a resolution authorizing the Mayor to execute a Second Amendment to • Agreement Regarding Phase I Improvements to the Dell Diamond/United Heritage Center with Round Rock Baseball, Inc. The presentation for item 14.C.3, item 14.C.4 and iteml4.C.5 were presented at this time. Jim Nuse outlined the background of the project and what is being proposed as follows: Cost Round Rock Baseball City Initial phase construction cost 25 000 000 17 650 00 p $ $ 0 $7,350,000 Interim projects (east parking, $ 3,000,000 $ 3,000,000 0 Texadelphia area,play area, misc. concrete work) Phase I Expansion Project $2,001,040 $ 1,201,040 $ 800,000 Totals $30,001,040 $21,851,040 $8,150,000 In addition, Round Rock's portion of the Dell Diamond/Convention Center projects are funded through Hotel Occupancy Tax. No property tax or sales tax funds have been used for this , project. The Dell Diamond/Convention Center is owned by the City of Round Rock and leased to Round Rock Baseball for 38 years with 34 years remaining on the lease. The east gate improvements as previously discussed has been eliminated due to cost and conflict with future expansion. These improvements in the Phase I Expansion Project gains compliance with AAA standards and the expansion will be complete prior to 2004 season. Steve Sheets reported that the three resolutions would accomplish two different amendments to the existing agreements the City has with Round Rock Baseball and Chasco Contracting. The first amendment is to.eliminate the east gate as part of the construction project since the original agreement with Round Rock Baseball included the east gate as one of the items in the contract. The east gate would also need to be eliminated from the construction manager-at- • risk agreement list with Chasco Contracting. Another item is that since the guaranteed maximum price is now known the agreements need to be amended to specifically include that number. In summary,Agreement No. 1, Construction Manager-at-Risk agreement,would establish the guaranteed maximum price and Amendment No. 2 to the Construction Manager-at-Risk agreement would remove the east gate from the list of items on the project. 223 SEPTEMBER 25,2003 Larry Madsen, Construction Manager reported that Chasco,the Construction Manager-at- Risk,publicly advertised the plan and received bids for all the different components of the project and in most cases there were 3 to 4 bidders on each of the items. These totals of the construction bids along with the general conditions of Chasco plus their fee make up the guaranteed maximum price. The total construction bids,which also included the general • conditions for Chasco along with their fee was $2,162,065. The elimination of east gate along with value engineering saved $284,625 which brought the down the figure to $1,877,440,which is the guaranteed maximum price on the project. There are some soft cost of architectural fees, attorney's fees,testing and inspection fees at$123,600. The total project cost is $2,001,040. As for pre-construction services,Round Rock Baseball, outside the.advertised bids,went ahead and provided some upfront service costs,which included demolition, concrete, and structural steel at a cost of$698,300. The City's contribution is $800,000. Round Rock Baseball also contributed $50,000 towards architectural fees so their additional contribution is $452,740,which has been received by the City. RESOLUTION NO. • WHEREAS, by Resolution No. 03-06-12-1OG1 the City Council authorized the execution by the Mayor of an Agreement Regarding Phase I Improvements to the Dell Diamond/United Heritage Center("Agreement")with Round Rock Baseball, Inc. ("RRB"), and WHEREAS,by Resolution No. 03-08-14-14E3 the City Council authorized the execution by the Mayor of a First Amendment to the Agreement, and WHEREAS, the parties now desire to enter a Second Amendment to the Agreement to set out the Guaranteed Maximum Price and to delete the east entrance gate from the improvements, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the Second Amendment to Agreement Regarding Phase I Improvements to the Dell Diamond/United Heritage Center with Round Rock Baseball, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of September 2003. NYLE MAXWELL, Mayor • ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro=tem Nielson moved to adopt the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight 2 2 4 SEPTEMBER 25,2003 Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.C.4. Consider a resolution authorizing the Mayor to execute Amendment No. 1 to Agreement Between Owner and Construction Manager-at-Risk with Chasco Contracting for • construction improvements to the Dell Diamond/United Heritage Center. A presentation for this item was given during item 14C3. RESOLUTION NO. WHEREAS, the City of Round Rock entered into a contract on August 14, 2003 with Chasco Contracting entitled "Agreement Between Owner and Construction Manager at Risk Where Construction Manager at Risk Is Also the Constructor," and such contract is for improvements to the Dell Diamond/United Heritage Facility, and WHEREAS, the terms of such contract require submission by Chasco Contracting of "Amendment No. 1 to Agreement Between Owner and Construction Manager at Risk," which Amendment No. 1 is to set forth the Guaranteed Maximum Price as defined in the contract, and WHEREAS, the City Council wishes to accept such Amendment No. 1 to the referenced 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, Amendment No. 1 with Chasco Contracting for the Guaranteed Maximum Price as stated therein, and same is for construction improvements to the Dell Diamond/United Heritage Facility, a copy of said Amendment No. 1 being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of September, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to adopt the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.C.5. Consider a resolution authorizing the Mayor to execute Amendment No. 2 to Agreement Between Owner and Construction Manager-at-Risk with Chasco Contracting for 2 2 5 SEPTEMBER 25,2003 construction improvements to the Dell Diamond/United Heritage Center. A presentation for this item was given under item 14C3. RESOLUTION NO. WHEREAS, the City of Round Rock entered into a contract on August 14, 2003 with Chasco Contracting entitled "Agreement Between Owner and Construction Manager at Risk Where Construction Manager at Risk Is Also the Constructor," and such contract is for • improvements to the Dell Diamond/United Heritage Facility("Project"), and WHEREAS, the Owner and Construction Manager executed Amendment No. 1 on even date herewith, 2003 to provide for Guaranteed Maximum Price, and WHEREAS, the Owner and Construction Manager wish to amend the Agreement to remove the right field east entrance gate and the relocation of the interactive play area from the Project and to delete all references in the contract documents to said gate and play area, and WHEREAS, the City Council wishes to accept such Amendment No. 2 to the referenced 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, Amendment No. 2 with Chasco Contracting, a copy of said Amendment No. 2 being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of September, 2003. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to adopt the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14.C.6. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Baker-Aicklen&Associates,Inc. for subdivision platting at the • Municipal Office Complex. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for subdivision platting at the Municipal Office Complex, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Baker-Aicklen & Associates,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 22..., 6 SEPTEMBER 25, 2003 That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Baker-Aicklen &Associates for subdivision platting at the Municipal Office Complex, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of September, 2003. *14.C.7. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with K.C. Engineering, Inc. for the G.O. Bond Citywide Sidewalks, Segment 1 Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with K. C. Engineering, Inc. for the G. O. Bond Citywide Sidewalks Project, Segment 1, and WHEREAS, K. C. Engineering, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with K. C. Engineering, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Engineering Services with K. C. • Engineering, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of September, 2003. *14.C.8. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Burv+Partners, Inc. for the G.O. Bond Citywide Sidewalks, Segment 2 Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for • Engineering Services with Bury+Partners, Inc. for the G. O. Bond Citywide Sidewalks Project, Segment 2, and WHEREAS, Bury+Partners, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Bury+Partners,Inc. ,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That- the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Engineering Services with Bury+partners, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. ry 7 SEPTEMBER 25,2003 The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of September, 2003. *14.D.1. Consider a resolution authorizing the Mayor to execute a Funding Approval/ Is . Agreement with the U.S. Department of Housing and Urban Development. This item was approved under the consent agenda. 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 2003-2004 Community Development Annual Action Plan that was adopted by the City Council on August 14, 2003,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City 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 September, 2003. • 14.E.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the Texas Department of Public Safety, Division of Emergency Management to partially fund two-existing Emergency Management Coordinator positions. Lynn Bizzell,Fire Chief made the staff presentation. The City has participated in this grant since the early 1980's. This application will serve as the City's request to continue the grant for FY 2003-04. The EMPG program provides federal funding to assist states and local governments in developing and carrying out emergency management programs. States receive EMPG funding from FEMA, and, in turn,pass through a majority of the EMPG funding to local reimburse them for emergency management program expenses. Currently,the Emergency Management Coordinator (EMC) and Assistant Coordinator,(Assistant EMC) spend 50%of their time on emergency • management activities. This program will reimburse the City for 50% of the time spent on emergency management activities which equates to 25% of the"salaries for the emergency management staff. RESOLUTION NO. WHEREAS, the Texas Department of Public Safety, Division of Emergency Management has grant funds available to cities to assist in developing and carrying out emergency management programs, and 228 SEPTEMBER 25,2003 WHEREAS, Emergency Management Performance Grant funds are available to partially fund two Emergency Management Coordinator personnel, and WHEREAS, the City Council wishes to make application for the above-described grant, 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 25th day of September, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to adopt the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. 14.E.2. Consider a resolution authorizing the Mayor to execute an Emergency Notification System Agreement with the Capital Area Planning Council regarding the use of the 9-1-1 database for emergency notification services. Lynn Bizzell,Fire Chief made the staff presentation. The purpose for this agreement is to be in full compliance with Rule 251.13 stated by the Commission on State Emergency Communications (CSEC), "the use of the 9-1-1 Database for Emergency Notification Services". Due to the confidentiality of the 9-1-1 database, this agreement must be entered into for the privacy of the citizens. Once signed, this agreement will allow the City of Round Rock to utilize current 9-1-1 data with the recently purchased High Speed Automated Telephone Notification System and the information will still remain confidential. • RESOLUTION NO. WHEREAS, a 9-1-1 Database is used by the City of Round Rock to provide warnings and alert citizens regarding information in an emergency situation where property or human life is in jeopardy, and WHEREAS, Texas Health & Safety Code, Section 771.061(a), and Texas Attorney General Open Records Decision 661, 1999 provide that the 9-1-1 Database information be used only in an emergency situation and will be kept confidential and not available to the public for inspection, and SEPTEMBER 25,2003 WHEREAS, Rule 251.13 of the Commission on State Emergency Communications ("Commission") requires that the City agree to maintain the confidentiality of the 9-1-1 Database information, and WHEREAS, in compliance with Rule 251.13 of the Commission, the City wishes to enter into an Emergency Notification System Agreement with the Capital Area Planning Council,Now Therefore BE IT RESOLVED BY 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 Emergency Notification System Agreement with the Capital Area Planning Council, 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 September, 2003. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to adopt the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 141.1. Consider a resolution authorizing the settlement of a condemnation proceeding styled City of Round Rock, Texas vs. Wayman Company, regarding the purchase of right-of-way for the SH-45 project. Steve Sheets, City Attorney made the staff presentation. The Council previously authorized the acquisition of approximately 0.34 acres of land for the construction of SH 45 in Round Rock. On July 28, 2003, a hearing was held before three condemnation commissioners to determine the amount of compensation due to the Wayman Company for the acquisition of the property. The three commissioners awarded the Wayman Company $50,000.00,which award was appealed to the District Court by the Wayman Company. On • September 9, 2003, a mediation was held in Austin which was attended by representatives of the Wayman Company, Jim Nuse and Steve Sheets. A tentative settlement was reached during the mediation that is subject to City Council approval. The tentative agreement calls for payment to the Wayman Company in the amount of$68,320.00,which was the amount of compensation determined-by the City's appraiser to be due the Wayman Company. Staff recommended that the 2 .340 SEPTEMBER 25,2003 Council adopt this resolution approving the settlement agreement and authorizing the execution of settlement documents and payment of$68,320.00. RESOLUTION NO. WHEREAS, the City Council, upon consideration of the matter, has determined that there exists a public necessity for the welfare of the City of Round Rock ("City") and the public-at-large to construct and maintain SH-45 and to perform associated public purposes ("Project"), and WHEREAS, the City has a need to acquire approximately 0.34 acres of land in Williamson • County, Texas, in fee simple to enable the City to complete the Project, and WHEREAS, a suit to condemn this property is currently pending in the 277th District Court in Williamson County, Texas under cause number 02-573-C277 and styled the City of Round Rock, Texas v. Wayman Company, et. al., and WHEREAS, since the institution of this action the Defendants in the case have expressed a willingness to settle the condemnation proceedings for the amount of$68,320,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposed settlement amount of $68,320 is a fair and equitable amount for the settlement of the condemnation case, and BE IT FURTHER RESOLVED That the Mayor and/or the city attorney shall be authorized to execute, on behalf of the City of Round Rock the necessary documents to effectuate the settlement of this condemnation case for this amount. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September, 2003. NYLE MAXWELL, Mayor • ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to adopt the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: Mayor Maxwell announced that Council and staff participated with Williamson County and other entities in a Texas Weapons of Mass Destruction and • Terrorism Incident drill. This drill was conducted by TEEX(Texas A&M Education Extension) and the National Emergency Response and Recovery Training Center. The City of Round Rock received very favorable comments from the evaluators of the drill. 23. 1 SEPTEMBER 25,2003 EXECUTIVE SESSION: 16.A.1. Executive Session as authorized by 051.087 Government Code,related to deliberation of an offer of a fmancial or other incentive to a business prospect that the City Council seeks to have locate in or near the City of Round Rock. This item was withdrawn from • the agenda. 17.A.1. Consider discussion and/or action regarding an offer of a financial or other incentive to a business prospect that the City Council seeks to have locate in or near the City of Round Rock. This item was withdrawn from the agenda. ADJOURNMENT: There being no further business, the meeting adjourned at 8:21 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary • • 2 3 2 OCTOBER 9, 2003 The Round Rock City Council met in Work Session and Regular Session on Thursday, October 9, 2003, in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER—6:30 P.M. The Work Session was called to order at 6:30 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom • Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. PRESENTATIONS: 3.A.1. Consider a presentation regarding the Transportation Element of the General Plan and the Citywide Trails Master Plan Project. Tom Word, Chief of Public Works Operations made the staff presentation on the Transportation Element of the General Plan. Sharon Prete, Parks and Recreation Director, James Hemenes, Park Development Manager, and the City's consultant of Halff Associates made a presentation on the Citywide Trails Master Plan. Mr. Word reported that due to changing roadway requirements,both internal and external to the City, Transportation Services prepared the following update to the Transportation Element • of the General Plan. Mr. Word gave an overview of the following: Background • Transportation Element of the General Plan - Goal: Seek a connected city transportation system to serve the needs of all residents. - Supported by Technical Data in the Transportation Master Plan - 2000 General Plan Adopted June 10, 1999 • Transportation Master Plan Goals - Ensue an adequate future transportation system. - Ensure the efficient utilization of the '/z cent sales tax. - Identify the major deficiencies in the existing transportation network. Content/format Changes • General Plan • - Update the Ultimate Roadway Plan(Map) - Update the Roadway Specifications Table • Transportation Master Plan - Change the Planning Horizons from 2007 and 2017 to 2010 and 2020 - Eliminate 2007 and 2017 Maps - Eliminate Typical Roadway Sections - Add a Bicycle Element Alignment Changes 0 Arterial A 2. 33 OCTOBER 9, 2003 • Double Creek Drive/Kiphen Road • Greenlawn Boulevard/Quick Hill Road(CR 172) New Roadway • Proposed Arterial"S" (Westinghouse Road to Chandler Road) Provides access to a future hospital and mall and the opportunity for future development. • Bicycle Element • In General,provides East/West and North/South Arterial mobility and connectivity • Where possible,provides two-way bicycle facilities on Arterials located within Elementary, Middle and High School walk zones • Establishes a two-way bicycle facility within the roadway right-of-way • Provides an Integrated Plan with the Parks and Recreation Department Trails Master Plan and fills the arterial gaps between trails. Recommendation • City Council adoption of ordinance to amend the Transportation Element of the General Plan, specifically - The Roadway Table - The Roadway Plan/Map During development of the original plan, the public was provided with an e-mail address to submit comments relating to the plan developments and recommendations. Public input was • also solicited through three public meetings,which were held in the City Council Chambers, and several neighborhood meetings. The Transportation Element of the General Plan provides the direction for developing a City transportation system that serves the needs of all residents. The following information is in regard to the Citywide Trails Master Plan Project. Based on the most recent Citywide Surveys, Trails have been identified as the number one request by citizens for recreation opportunities. From this, the Citywide Trail System CIP Program was formed. The City's Parks and Recreation Department (PARD)were tasked with developing hike and bike trails for recreation, as well as connectivity. The vision of the citywide trail system is to provide citizens with exercise and recreation for all ages. The system would also preserve green spaces throughout the City, and provide opportunities to ride to work and enjoy scenery through • the City. Currently the City has 9 miles of existing trails with 1 mile of trail for every 8,500 residents. Early this year, the Citywide Trails Master Plan Project was started, and is now nearing completion. In addition, Transportation Services and PARD are working together to integrate arterial bicycle facilities with the Trails Master Plan. The Citywide Trails Master Plan will guide all future trail development throughout the City. Together the Transportation Element and Trails Master Plan will establish the foundation for future bicycle and pedestrian mobility and connectivity in the City of Round Rock. 2 3. 4 OCTOBER 9, 2003 This concluded the work session. CALL REGULAR SESSION TO ORDER- 7:00 P.M. The Regular Session was called to order at 7:05 p.m. PLEDGE OF ALLEGIANCE Mayor Maxwell led the Pledge of Allegiance. • ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. Mayor Maxwell dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following items. SPECIAL RECOGNITION: 8.A. Consider the special achievement of Tracie Glaeser, Court Administrator for the Round Rock Municipal Court, in being certified as a Level III Municipal Court Clerk. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. He reported that Court Administrator, Tracie Glaeser of the Municipal Court has completed all of the requirements for Level III of the Municipal Court Clerk Certification Program and was awarded the title of Certified Municipal Court Clerk on September 18, 2003,by the Texas Court Clerks Association(TCCA) in conjunction with the Texas Municipal Courts Education Center (TMCEC), the Texas Municipal Courts Association(TMCA), and the Texas State University in San Marcos. Ms. Glaeser is the eleven(11) individual in the State who has achieved this designation. Ms. Glaeser has served in the Round Rock Municipal Court since October 1, 1985. Margaret Robbins representative of the program explained that to qualify for the title of Certified Municipal Court Clerk, clerks must complete the requirements for Level I,Level II, and Level III. These requirements include completing 40-hours of continuing education and passing a four-hour exam at each level. Additionally, to complete Level III, clerks must also attend a 24- • hour Assessment Clinic, complete 40-hours of court observation, submit a journal of those observations, and attend a 12-hour court administrator seminar. The Level III exam questions are taken from 18 books, covering the following topics: Hiring Procedures, Diversity Management, Total Quality Management,Facilitation Skills,Performance Appraisals, Supervisory Practices, Office Management, Records Management, Caseflow Management, The Budget Process, 235 OCTOBER 9, 2003 Financial Management, Cost Analysis, Court Collections, Leadership, Organizational Effectiveness, Communications,Implementing Change, and Managing Human Resources. TCCA is a non-profit professional association of municipal and justice court clerks and administrators. Its purpose.is to increase the proficiency of judicial administrators and clerical • personnel through education and the exchange of ideas. TMCEC is a project of the Texas Municipal Courts Association(TMCA) and is funded by a grant from the Texas Court of Criminal Appeals. TMCEC provides judicial and legal education for municipal court judges, clerks and prosecutors through its monthly regional seminars and its (800)telephone line. TCMA is an association composed of municipal judges, clerks,prosecutors and court support personnel. It monitors legislation, attorney general opinions and changes in case law to ensure that the 871 municipal courts in Texas remain up-to-date on the law. Ms. Robbins congratulated Ms. Glaeser and presented her with the award. The Council congratulated Ms. Glaeser. PROCLAMATIONS: 9.A. Consider a proclamation proclaiming November 9, 2003 as International Adoption • Day. Mayor Maxwell read the following proclamation and presented it to Elizabeth Munzler. Whereas, Adoption Groups are joining together to promote international adoption at the first Austin International Adoption Fair in Round Rock; and Whereas,Members of Families for Russian and Ukrainian Adoptions,Families With Children from China, and adoptive parents of Latin American and Pacific Island children will bring a host of support resources together at the Dell Diamond on November 9, 2003 from Noon to 4:00 p.m. to encourage those interested in international adoption; and Whereas,the fair is the first of its kind in Central Texas and will provide prospective parents an opportunity to visit with adoption agencies from around the country, support organizations in Texas and nationwide, as well as talk with medical and legal experts on issues as they relate to international adoption; and Whereas, it is imperative for prospective families to get as much information and support, up front, to help ease the stress and apprehension that a family who is going through an adoption experiences but even more important is that these families will be able to connect with families who've done exactly what they're currently doing. Now Therefore, I,Nyle Maxwell,Mayor of the City of Round Rock do hereby proclaim November 9, 2003 as ``International Adoption Day" in the City of Round Rock and thank all those individuals who will provide the much needed • information and support to those prospective families who choose to adopt as a way to build and grow their families. Proclaimed this 9th day of October 2003. Mayor Maxwell proceeded with the order of the agenda. CITIZENS COMMUNICATIONS: David Martin, 1104 Green Meadow Drive, expressed his support of repealing the ordinance that extends the hours for the sale of mixed beverages and beer. 236_ OCTOBER 9, 2003 Hal Talton, 2008 Red Oak Circle, expressed his support of repealing the ordinance that extends the hours for the sale of mixed beverages and beer. Gene Taylor,P.O. Box 602, Williamson County District Attorney, expressed his support of repealing the ordinance that extends the hours for the sale of mixed beverages and beer. Karen Adair-Murphy,2302 Silverleaf Cove, expressed her support of repealing the is ordinance that extends the hours for the sale of mixed beverages and beer. Carl Weeks, 1500 Greenfield, expressed his support of repealing the ordinance that extends the hours for the sale of mixed beverages and beer. Gary Welling, 300 Hesters Crossing, GQ Billiards, expressed his support of keeping the ordinance that extends the hours for the sale of mixed beverages and beer. Susan Moss, 2608 Willow Way, expressed her support of repealing the ordinance that extends the hours for the sale of mixed beverages and beer. John Gordon, 1007 Green Meadow, invited everyone to the symphony orchestra concert at the First United Methodist Church on October 18th. He also expressed his support of repealing the ordinance that extends the hours for the sale of mixed beverages and beer. Carolyn Thibodaux, 2415 Chestnut Path, expressed her support of repealing the s ordinance that extends the hours for the sale of mixed beverages and beer. Tony Delgado, 2013 Long Cove, expressed his support of repealing the ordinance that extends the hours for the sale of mixed beverages and beer. Carl Fork, 501 S. Lake Creek Drive, expressed his support of repealing the ordinance that extends the hours for the sale of mixed beverages and beer. SPECIAL RECOGNITION: 8.A. Consider the special achievement of Tracie Glaeser, Court Administrator for the Round Rock Municipal Court, in being certified as a Level III Municipal Court Clerk. This item was addressed earlier in the meeting. PROCLAMATIONS: • 9.A. Consider a proclamation proclaiming November 9, 2003 as International Adoption Day. This item was addressed earlier in the meeting. PRESENTATIONS: 10.A. Continuation of presentations not addressed during the Work Session. All of the presentations were addressed during the work session. 237 OCTOBER 9, 2003 10.B.1. Consider receipt of the City Secretary's certificate that the petition to reconsider and reveal Ordinance No. G-03-08-14-13A1 is sufficient and to consider and adopt either; a) An ordinance repealing Ordinance No. G-03-08-14 13A1; or b) A resolution directing the City Attorney to prepare a resolution ordering a special election for February 7, 2004 to consider the • repeal of Ordinance No. G-03-08-14-13A1. The City Secretary presented the following report to the Council. The City Charter contains a provision that allows qualified voters of the City to have the City Council reconsider any adopted ordinance. Forty-two (42) qualified voters filed an affidavit to commence the proceedings stating that they would constitute the petitioners committee and be responsible for circulating a petition for the Council's reconsideration of Ordinance No. G-03-08-14-13A1. This ordinance extended the hours for the sale of mixed beverages and beer. On September 25, 2003 the Committee.filed a petition containing 2,011 signatures for verification. According to Section 7.03 of the Charter the petitioners had to submit signatures of at least 5% of the total qualified voters,which equated to 1,695 signatures in order for the petition to be certified sufficient. The petition that was filed was found to be insufficient because less than the required signatures were found to be valid in accordance with the requirements of the Charter. The Petitioners Committee then had the option to amend the petition as described in the Charter. Additional signatures were submitted and 43 signatures were verified as valid. The petition, as amended, now contains 1,701 valid signatures and is now sufficient. Steve Sheets, City Attorney reported that since the City Secretary certified the petition sufficient on October 3, 2003, under Section 7.05 of the City Charter, Ordinance No. G-03-08- 14-13A1 was now suspended. He added that Section 7.06(a) of the Charter states that within sixty-days (60) after the date the referendum petition has been finally determined sufficient, the Council has-the option to either repeal the referred ordinance or call an election on the referred ordinance as specified in Section 7.06(b). Under the terms of the Charter, the Council has until • December 2, 2003 to take one of the above actions. This agenda item provided legislation for the two options noted. The first option is an ordinance that repeals Ordinance No. G-03-08-14-13A1. The second option is a resolution directing staff to prepare the necessary documents to call an election. 2 3. 8 OCTOBER 9, 2003 MOTION: Mayor Pro-tem Nielson moved that the Council give a voice vote of "Repeal"if they would like to repeal the ordinance, or"Special Election"if they would like to have the issue go to a special election. Councilmember Coe seconded the motion. The Council discussed the options presented and voiced their opinion on the request that was submitted by a Petition's Committee. The following vote reflects each Councilmembers • preference. VOTE ON THE MOTION: Mayor Pro-tem Nielson—Repeal the ordinance Councilmember McGraw—Repeal the ordinance Councilmember Pitt—Call a special election. Councilmember Knight—Call a special election Councilmember Rhode—Call'a special election Councilmember Coe—Repeal the ordinance Mayor Maxwell—Repeal the ordinance ACTION: The results of the Council vote were 4 votes to repeal the ordinance and 3 votes to call a special election. The votes to repeal the ordinance carried. MOTION: Mayor Pro-tem Nielson moved to dispense with the second reading of the ordinance with the unanimous consent of the Councilmembers present. Councilmember Coe seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Nays: Councilmember Knight After clarification of the motion, the following motion occurred. MOTION: Mayor Pro-tem Nielson moved that the motion to dispense with the second reading of the ordinance be reconsidered. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None. ACTION: The motion carried unanimously. Y Ordinance No. G-03-08-14-13A1 is now repealed. 10.13.2. Consider review and discussion of the report and recommendations of the Round Rock Charter Review Commission regarding the proposed amendments to the Home Rule Charter and possible action regarding same. Steve Sheets, City Attorney made the staff presentation. The Charter Review Commission met from March 12, 2003 to July 9, 2003. 2. 39: OCTOBER 9, 2003 Following are recommended amendments from the Commission. To provide that the City Manager shall be bonded in an amount to be determined by the City Council; • To provide that the City Manager shall have the power to appoint one or more Assistant City Managers; • To clarify the provisions for designating an Acting City Manager, as well as when • the duties of the Acting City Manager shall cease; • To add a new section to provide that the City Council may by ordinance set a maximum amount for which the City Manager shall be authorized to execute contracts and to provide limited authority for the City Manager to execute on behalf of the City certain standard form documents; • To allow for the Mayor or City Manager to sign checks and countersigned by an authorized designee; • To eliminate the requirement for publishing a summary of the audit, to provide that a copy of the audit be placed in the Library, and to publish notice that a copy of the audit is available to the public; • To provide that the City may contract with another governmental entity to assess and collect City taxes; • To repeal the section regarding the Board of Equalization; • To repeal the section regarding the regulation of utility and other rates; • • To add a new Article providing for police department disciplinary procedures; and • To add a new section establishing the requirements to amend the City Code of Ordinances regarding police department disciplinary procedures. Mr. Sheets added that the Council can also consider amendments to the recommendation or add amendments they find necessary. The Council briefly discussed some of the recommendation of the Charter Review Commission and discussed whether the Council or staff had any additions that they would like to be considered. MOTION: Councilmember Pitt moved to'table this item to allow time for any recommendations from staff or the Council can be addressed. Councilmember Rhode seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 240 OCTOBER 9, 2003 10.C.1. .Consider a presentation by Karen Wilson of Williamson County&Cities Health District regarding indigent and uninsured/underinsured healthcare and a requested funding increase for FY 2004. Cindy Demers,Finance Director reported that Karen Wilson,Director of the Williamson County& Cities Health District would outline the Williamson County and Cities Health District proposed increase in the amount per capita that the City pays to the Health • District from$1.50 to $1.65. Ms. Wilson explained the purpose of a public health district. She gave an overview of the services that the Health District provides. She also provided information concerning indigent and uninsured/underinsured healthcare and a requested funding increase for FY 2004. CONSENT AGENDA: All items listed with an asterisk(*) were considered to be routine by the City Council and were enacted by one motion. There was no separate discussion of these items and none were removed from the consent agenda. *12.A.1. Consider an ordinance approving Amendment No. 2 to the FY 2002-2003 Operating Budget. (Second Reading) 12.B.1. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on a portion of Chandler Road. (Second Reading) *13.A.1. Consider a resolution authorizing the closing of a portion of Harrell Parkway on October 18, 2003 for the Outlaw Trail 100 Bicycle Tour. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight- Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. ORDINANCES: *12.A.1. Consider an ordinance approving Amendment No. 2 to the FY 2002-2003 Operating Budget. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. . 24 1 OCTOBER 9, 2003 AN ORDINANCE PROVIDING FOR AMENDMENT NO. 2 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2002-2003. *12.13.1. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on aportion of Chandler Road. (Second Reading) This item was approved under the consent agenda. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF CHANDLER ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: *13.A.1. Consider a resolution authorizing the closing of a portion of Harrell Parkway on October 18, 2003 for the Outlaw Trail 100 Bicycle Tour. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Parks and Recreation Department of the City of Round Rock has requested that Harrell Parkway, from its intersection with the access road to Rabb Pavilion to Aten Loop, be closed from 7:45 o'clock a.m. until 12:00 o'clock noon on October 18, 2003 for • the Outlaw Trail 100 Bicycle Tour, and WHEREAS,the Council wishes to grant such request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That a portion of Harrell Parkway be closed as set forth above. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of October, 2003. 13.B.1. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with Development Counsellors International for national media services - Phase II. Nancy Yawn, Director Economic Development, Public Affairs made the staff presentation. A recommendation from Angelou Economics,which developed the City's Economic Development Plan,was'to develop a marketing program. The Council approved a • Phase I contract with DCI in February for national media services through the end of the fiscal year. This agreement is for the second phase of the services. This contract will continue the national media public relations program through the next fiscal year. The total cost of this agreement is $100,592.00. The City has had success with the initial phase of this program. A continued effort will build the relationships and momentum started by Phase I. 2 4 2 OCTOBER 9, 2003 Andy Levine,President of Development Counsellors International outlined the program and goals of Phase II of the Marketing Program. He noted that building a comprehensive Marketing Program will allow the City to assist the community in developing a marketing plan, focus on both external and internal audiences, and recommend, and if additional resources are available,help implement a series of initiatives aimed at investment attraction and diversifying • the Round Rock economy. RESOLUTION NO. WHEREAS, the City has previously entered into an Agreement for Consulting Services with Development Counsellors International ("DCI") dated February 27, 2003 for the development of a national medial public relations campaign, Phase I, and WHEREAS, the City now desires to continue with phase II of the development of the aforesaid campaign, and WHEREAS, DCI has submitted an Agreement for Consulting Services to provide said Phase II services, and WHEREAS, the City Council desires to enter into said agreement with DCI, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services with Development Counsellors International, for Phase II of the development of a national media relations campaign, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting • was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 9th day of October, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.C.1. Consider a resolution authorizing the Mayor to execute a Termination of Restriction for Denial of Access from the DuPont subdivision in order to assist with the construction of SH-45. Steve Sheets, City Attorney made the staff presentation. Revisions to the State Highway 45 design have resulted in the necessity to acquire different access rights from this 2. 4.3 OCTOBER 9, 2003 property owner than were originally dedicated by plat. The Texas Turnpike Authority is acquiring the new access rights by purchase, and has asked that the City in turn relinquish what was originally platted. RESOLUTION NO. • WHEREAS, revisions to the State Highway 45 design have resulted in the necessity to acquire different access rights from the property known as the DuPont subdivision in the City of Round Rock, and WHEREAS, the Texas Turnpike Authority is acquiring the new access rights from the property owner Maxserve, Inc. through .a separate purchase and has ,requested that the City relinquish the existing access rights which were previously acquired by subdivision plat, Now Therefore BE IT RESOLVED BY 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 Release of Denial of Access Rights for the DuPont Subdivision, recorded in Cabinet O, Slides 102 & 103, Plat Records of Williamson County, Texas, a copy of said Release of Denial of Access Rights being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 9th day of October, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas • ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.D.1. Consider a resolution adopting an updated Investment Policy and investment strategy for the investment of City funds. Cindy Demers,Finance Director made the staff • presentation. From time to time it becomes necessary to make changes to the Ci Investment p �'YCity Policy for legal compliance, efficiencies or personnel authorizations. The Public Funds Investment Act requires staff to notify the City Council of any proposed actions. Staff recommended changes in brokers for the purpose of getting more competitive bids for City investments. Also, one of the City's brokers has had a name change. RESOLUTION NO. 244 OCTOBER 9, 2003 WHEREAS, pursuant to Chapter 2256, Texas Government Code ("the Act") the City Council desires to adopt a written investment policy and investment strategy regarding the investment of City funds, and WHEREAS, the City Council has reviewed the attached updated policy and has determined same to be in compliance with the Act,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the updated Investment Policy and Investment Strategy for the investment of City funds, attached hereto as Exhibit"A" and incorporated herein, is hereby approved and adopted. The City Council hereby finds and declares that written notice of the date, hour,place and • subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of October, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.D.2. Consider a resolution authorizing certain individuals to perform transactions with TexPool. Cindy Demers, Finance Director made the staff presentation. As members of TexPool, the City's chosen investment pool, approval is required for any changes to the authorized individuals who can act on behalf of the City. These changes will delete William White as Finance Director and add Cindy Demers as Finance Director. The five designated key employees will allow enough coverage for vacations; illness or inaccessibility of other authorized employees. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas ("Participant") is a political subdivision of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds,to act as custodian of investments purchased with local investment funds, and WHEREAS, the Treasurer of the State of Texas, acting by and through the Texas Treasury Safekeeping Trust Company("Trust Company"), has created "TexPool", a public funds investment pool, to effectuate the goals of providing investments at the highest possible yield and maintaining complete safety of the funds of the Participant, and WHEREAS, the Participant hereby requests the following changes regarding the individuals authorized to act on behalf of the Participant,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 2. 4. 5 OCTOBER 9, 2003 A. That the City of Round Rock, Texas has entered into a Participation Agreement and has established an account in its name with the Trust Company's Local Government Investment Pool, "TexPool", for the purpose of transmitting local funds for investment by the Trust Company in TexPool; B. That the individuals, whose signatures appear below, are officers, employees, or authorized representatives of the Participant and are each hereby authorized to transmit funds to the Trust Company for investment in TexPool and are further authorized to withdraw funds from time to time, to issue letters of instruction, and • to take all other actions deemed necessary or appropriate for the investment of local funds: 1. Name: Cindy Demers Title: Director of Finance Signature 2. Name: Noelle Jones Title: Financial Programs Manager Signature 3. Name: Elaine Wilson Title: Treasury&Finance Supervisor Signature 4. Name: Jerry Galloway Title: Controller Signature 5. Name: Lynn Olsen Title: Accountant II Signature C. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until the Trust Company receives a copy of any such amendment or revocation. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of October, 2003. • NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • 13.E.1. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement Between Owner and Architect with Spencer Godfrey,Inc. for the Clay Madsen Recreation Center Expansion. Sharon Prete,Parks and Recreation Director made the staff presentation. Based upon program needs and customer surveys,the size of the cardio/weight room will need to be expanded by decreasing the size of the TV room and the aerobics rooms. Floor exercise programs will be moved to the multipurpose room, and a small babysitting room r 246 OCTOBER 9, 2003 will be added out of a portion of the aerobics room. The total cost of the project is $106,000.00, and the cost of this standard form of agreement is $9,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the Clay'Madsen Recreation Center Expansion Project, and WHEREAS, Spencer Godfrey, Inc. has submitted an Abbreviated Standard Form of • Agreement Between Owner and Architect to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Spencer Godfrey, 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 Abbreviated Standard Form of Agreement Between Owner and Architect with Spencer Godfrey, Inc. for the Clay Madsen Recreation Center Expansion Project, a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of October, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Rhode • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Councilmember Coe was out of the room when the vote was taken. ACTION: The motion carried unanimously. 13.F:1. Consider a resolution authorizing the Mayor to execute a Development Agreement with Sycamore Trails, L.P. regarding A.W. Grimes Boulevard. Councilmember McGraw disclosed that he would be refraining from any discussion and vote on this item due to a conflict of interest because he has a business relationship with • Sycamore Trails. Tom Word, Chief of Public Works Operations made the staff presentation. The purpose of this agreement is to provide for reimbursement to the City for a portion of the cost of the waterline adjacent to the property owned by Sycamore Trails, L.P. The developer has agreed to reimburse the City 50%of the cost of the project,which is $85,350.19. This agreement will OCTOBER 9, 2003 247 release the contractor to continue with the construction of A.W. Grimes Boulevard Phase H-A and install a waterline across Lake Creek Bridge. - 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 Sycamore •. Trails, 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 Sycamore Trails, 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. RESOLVED this 9th day of October, 2003. NYLE MAXWELL,Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Abstain: Councilmember McGraw ACTION: The motion carried with 6 ayes and 1 abstention. 13.F.2. Consider a resolution authorizing the Mayor to execute Change Order No. 14 with RGM Constructors, L.P., to adjust the contract amount for A.W. Grimes Boulevard, Phase I Extension. Tom Word, Chief of Public Works Operations made the staff presentation. The • adjustment is a credit of $144,816.39, bringing the total contract amount to $10,340,250.61. Change Order No. 14 adjusts the contract amount due to cost over/under-runs, quantity changes, new work items, and additional items added or changed. New work items include installation of water line under bridge. RESOLUTION NO. 248 OCTOBER 9, 2003 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. 14,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, The the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 14 to the Contract with RGM Constructors, L.P., 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 9th day of October, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.G.1. Consider a resolution authorizing the Mayor to execute Change Order No. 3 with Martin K. Eby Construction Company, Inc. for the construction of the Water Treatment Plant Expansion, Phase V. Tom Clark, Director of Utilities made the staff presentation. Martin K. Eby Construction Company is currently under contract with the City to construct a 24-MGD expansion to the City's Water Treatment Plant, including an additional high service pumping capacity, and a new chlorine storage and feed facility. This change order is due to unforeseen conditions, value-added additions and modifications and entry road improvements that were a condition of the additional land agreement between the City and Texas Crushed Stone. It • includes the cost of roadway improvements required under the Texas Crushed Stone agreement, needed drainage improvements, additional breathing apparatus in the new Chlorine Facility for safety purposes and to relocate an air release valve. With this Change Order No. 3 and Change Orders No. 1 and 2 the original contract amount of$15,229,552.50 will be increased by 2.26% or $344,087.00, which is well under the 9.0%budgeted amount for project contingencies. RESOLUTION NO. . : . 249 . OCTOBER 9, 2003 WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Martin K. Eby Construction Co., Inc. for the construction of the Water Treatment Plant Expansion, Phase V, and WHEREAS, the Council has determined that it is necessary to make changes to the plans or specifications of the Contract due to unforeseen circumstances, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 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 Martin K. Eby Construction Co., Inc., a copy of said change order being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of October, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Knight seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.G.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with Camp Dresser and McKee, Inc. for the Phase I design of the Avery Farms Wastewater Interceptor. Tom Clark, Director of Utilities made the staff presentation. This wastewater interceptor will serve the proposed Round Rock Higher Education Center(HEC), and the surrounding 855 acres along with future development within its drainage basin. Subcontractors for Camp Dresser and McKee for this project include"Inland Civil Associates" a local surveying • company, located at 206 W. Main Street. These services will include final design, and alignment, construction plans, field notes and drawings for easements,bidding documents and bidding administration, estimated construction cost and construction phase administration and site visits. The cost of this supplemental agreement is $118,960.00. RESOLUTION.NO. 2510 OCTOBER 9, 2003 WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Camp Dresser and McKee, Inc.for the Phase I design of the Avery Farms Wastewater Interceptor Project, and WHEREAS, Camp Dresser and McKee, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Camp Dresser and McKee, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City • Supplemental Agreement No. 1 to the Agreement for Engineering Services with Camp Dresser and McKee, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of October, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell -Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None. ' ADJOURNMENT: There being no further business, the meeting adjourned at 9:42 p.m. DLelySubmittedtine R. Martinez, City Secretary • 251 " OCTOBER 23, 2003 The Round Rock City Council met in Regular Session on Thursday, October 23, 2003, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Pro-tem Nielson led the pledge of allegiance. • ROLL CALL: Those members present were Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Mayor Nyle Maxwell was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. Mayor Pro-tem Nielson dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following items. RESOLUTIONS: 1 LB.1. Consider a resolution authorizing the closing of a portion of Sundance Parkway on October 29, 2003 for a ribbon cutting for the new offices of Texas Guaranteed Student Loan Corporation. Paul Conner, Chief of Police made the staff presentation. Texas Guaranteed Student Loan Corp. was created by the Texas Legislature in 1978 and helps guarantee student • loans as an administrator of the federal Family Education Loan Program. The corporation has helped students attend more than 3,000 different schools across the nation. (TG)moved its 550+ employees into.the 301 Sundance Building at La Frontera in October. This ribbon-cutting event celebrates that building opening. James Patterson,Vice-President and Chief Financial Officer for TG was present to invite the Council to the Open House and ribbon cutting on October 29. RESOLUTION NO. WHEREAS, the Texas Guaranteed Student Loan Corporation has requested that the 300 block of Sundance Parkway be closed on October 29, 2003, from 9:30 a.m. to 11:30 a.m. for a ribbon cutting for its new offices in the 301 Sundance Building in La Frontera, and WHEREAS, the City Council wishes to grant said request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Sundance Parkway be closed as set forth above. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 252 OCTOBER 23, 2003 MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson • Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11.B.2. Consider a resolution authorizing the closing of a portion of Lampasas Street on October 25, 2003 for the Downtown Music Festival. Paul Conner, Chief of Police made the staff presentation. The Downtown Business Association requested the closing of a portion of Lampasas to allow for the Downtown Music Festival. This event is to promote the historic downtown Round Rock. RESOLUTION NO. WHEREAS, the Downtown Business Association has requested that Lampasas Street from Main Street to the alley north of Main Street be closed on October 25, 2003 from 6:00 p.m. to 12:00 midnight for the Downtown Music Festival, and WHEREAS,the City Council wishes to grant said request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That.Lampasas Street be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by. the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight g t moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. Mayor Pro-tem Nielson resumed with the order of the agenda. CITIZENS COMMUNICATIONS: 253 OCTOBER 23,2003 Pat Patterson, 1701 S. Mays, Suite 14, Round Rock Volunteer Center, informed the Council that the Coats for Kids Campaign has started. This year's goal is to raise $44,000 for 2.200 coats. The distribution of the coats is on November 8 at the Dell Diamond. Rufus Honeycutt, VFW Post 9078, 3009 Cedar Elm Lane,presented to the Council a banner that shows the words of the Pledge of Allegiances to hang in the Council Chamber. PROCLAMATIONS: 5.A. Consider a proclamation declaring October 25, 2003 as "For the Love of Christi Day" and"Memorial Grove Dedication DU." Mayor Pro-tem Nielson read the following proclamation and presented it to Mr. and Mrs. Cox. Whereas, "For Jhe Love of Christi" is a non-profit, non-denominational organization providing help and ongoing support to individuals and families adjusting to life after the death of a loved one, and Whereas, founded in 1987 by Don and Susan Cox following the death of their daughter, Christi Lanahan,participants in"For the Love of Christi"help one another with their pain in finding peace once again, listen with their hearts by reaching out to others who are hurting, and work to keep the cherished memories of loved ones alive by offering unconditional love, comfort and emotional support, and Whereas, "For the Love of Christi" and the City of Round Rock Parks and Recreation Department are sponsoring the planting of a Memorial Grove Phase 3 at Old Settlers Park at Palm Valley to provide an opportunity for individual and families to plant a living memorial in the name of a loved one, and • Whereas, a ceremony will be held to officially dedicate the Memorial grove at 11:00 A.M. on Saturday, October 25, 2003. Now, Therefore, I, Tom Nielson, Mayor Pro-tem of the City of Round Rock and on behalf of the Mayor and entire City Council do hereby proclaim October 25, 2003 as "For The Love of Christi Day" and "Memorial Grove Dedication Day" in the City of Round Rock and call on all citizens to join me in recognizing the efforts of"For the Love of Christi" and Round Rock Parks and Recreation Department in bringing the Memorial trees to the citizens of Round Rock and urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. 5.B. Consider a proclamation recognizing all veterans on November 11, 2003 in observance of Veterans' Day. Mayor Pro-tem Nielson read the following proclamation and presented it to the principal of Chisholm Trail Middle School and representatives of the VFW Post 9078. Whereas, on November 11, 1918, in accordance with the terms of the cease-fire agreement, hostilities between the Allies - United States, Great Britain, and France - and an • adversarial Germany, officially ceased on the eleventh hour of that day; and Whereas, this international war, which claimed the lives of over eight and a half million soldiers, including 126,000 Americans, called upon the population of the United States to make extraordinary contributions to support the efforts of its men and women; and Whereas, since that historic day the United States has continued to flourish as a free nation, ever mindful of the blessings brought about by liberty and peace, which must be remembered and preserved by future generations, Now Therefore, I, Tom Nielson, Mayor Pro-tem of the City of Round Rock, Texas and on behalf of the Mayor and entire City Council do hereby find it fitting and proper to pay special tribute and honor to all veterans on November 11, 2003 in observance of 254 OCTOBER 23, 2003 "Veteran's Day" in the City of Round Rock and urge all Round Rock citizensto support recognition of this most important event in an appropriate manner. Proclaimed this 23rd day of October, 2003. 5.C.- Consider a proclamation proclaiming November 3-8, 2003 as Municipal Courts Week. Mayor Pro-tem Nielson read the following proclamation and presented it to Judge McNery and members of the Round Rock Municipal Court Department. • Whereas,more people, citizens and non-citizens alike, come in personal contact with Texas Municipal Courts than all other Texas courts combined; and Whereas,the public's impression of the entire judicial system is largely dependent upon the public's experience in Municipal Courts; and Whereas,the Round Rock Municipal Court serves in a critical and pivotal role for the adjudication of fine-only state offenses and local ordinances that protect the peace and dignity of our community; and Whereas, Municipal Judges and Court Support Personnel of the City of Round Rock have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and conform to the standards set by the Canons of Judicial Conduct; and Whereas,Municipal Judges, Clerks, Court Administrators, Bailiffs, and Warrant Officers continually strive to improve the administration of justice through participation in judicial education programs, seminars,workshops, and the annual meetings of their state and local professional.organizations, Now Therefore, I, Tom Nielson,Mayor Pro-tem of the City of Round Rock, Texas and on behalf of the Mayor and entire City Council do hereby recognize the accomplishments of the Round Rock Municipal Court and salute their critical role in preserving public safety, protecting the quality of life in Texas communities, and deterring future criminal behavior and proclaim the week of November 3-7, 2003 as "Municipal Courts Week" • in the City of Round Rock and urge all citizens to support the recognition of this important occasion and the individuals in this profession. Proclaimed this 23rd day of October 2003. PRESENTATIONS: 6.A.1. Consider a presentation by the Round Rock Chamber of Commerce regarding Hotel/Motel funding for FY 2003-04. Cindy Demers, Finance Director made the staff presentation. The hotel-motel occupancy tax budget needs City Council approval annually. By State law, the amounts spent from the fund may be used only to promote tourism and the convention and hotel industry. The Round Rock Chamber of Commerce and the City of Round Rock develop the hotel-motel budget through combined efforts. This year, due to the ongoing tourism study,minimum funding will be provided for the tourism-marketing program. The budget also reflects funding levels for events, arts and historic preservation as recommended by the Chamber of Commerce Tourism Committee and full annual debt service funding for the Stadium/Convention Center complex. Staff anticipates returning to the Council later this year with a comprehensive marketing budget based on the recommendations provided by the tourism study. Ms. Demers outlined the following proposed budget. Revenues Hotel/Motel Occupancy Tax $1,600,000 Interest Income 20,000 Total Revenue $1,620,000 OCTOBER 23, 2003 255 Expenditures Festivals &Events Advertising $ 23,500 Arts Support 27,460 Tourism Support 162,683 Museum Support 8,000 Unallocated 46,157 Convention Center Complex Project 751,300 Total Expenditures $1,019,100 • Charlie Dromgoole,President,Round Rock Chamber of Commerce outlined the .following Tourism Administrative &Marketing Budget. Administrative & Operations $84,000 • Salaries &Benefits • Support Services • Facilities & Overhead Support Programs 7,972 Collateral&Graphic Design 6,500 Advertising—Committed • Austin Meeting Planners Guide 4,600 • Austin Visitors' Guides (3X) 10,500 • Texas State Travel Guide 7,830 • Texas State Accommodations Guide 2,275 • Texas Monthly Tour Guide 5,200 • Barbeque Trail Brochure 450 • Advertising & Graphic Design 500 Subtotal Committed Advertising $30,885 Tourism Administrative&Marketing Budget • Administrative & Operations $ 84,000 Support Programs 7,972 Collateral &Graphic Design 6,500 Committed Advertising 30,885 Total Marketing& Operations $129,357 (Chamber Administered Funding) Denise Williams,Vice-President,Round Rock Chamber of Commerce made the following presentation and outlined the following Event Funding Recommendations. Event Funding is a program administered by the Tourism Council of the Round Rock Chamber of Commerce, derived from a portion of the Hotel Occupancy Tax collected from room tax assessed by local hotels and motels on visitors' to the Round Rock community. The State of Texas Tax Code requires that Hotel Occupancy Tax can only be used only for funding purposes that meet a two-part test: • Part One: Usage must directly enhance and promote tourism and the Convention and Hotel Industry...and then it must fit into one of six categories: Part Two: • Convention and Visitor Center Facilities • Personnel &materials for the registration of convention delegates • Advertising&promotion to attract tourists and convention delegates • Programs that enhance the arts • Historical restoration and preservation projects • Promotion of sporting events Events &Festivals Requested Recommendation Cowboy Christmas Ball $4,000 $4,000 Daffodil Days 1,500 1,500 OCTOBER 23, 2003 Fiesta Amistad 7,000 6,000 Frontier Days 6,000 . 6,000 Old Settlers' Reunion 6,000 6,000 Subtotal $24,500 $23,500 Arts Ballet Folklorico $9,060 $7,960 Round Rock Community Choir 10,000 10,000 Sam Bass Community Theatre 9,500 9,500 Subtotal $28,560 $27,460 • Historic Restoration&Preservation Palm House Museum $8,000 $8,000 Promotion of Snorting Events Holiday Basketball Classic $3,800 withdrawn Total Event Funding Recommendation Events &Festivals $23,500 Arts 27,460 Historic Restoration&Preservation 8,000 Promotion of Sporting Events 0 Total Event Funding Recommendation $58,960 (City Administered Funding) PUBLIC HEARINGS: 7.A.1. Consider Public testimony concerning the adoption of the proposed Hotel/Motel Occupancy Tax Budget for FY 2003-04. A presentation was made on this item earlier in the meeting. Mayor Pro-tem opened the public hearing. There being no public testimony, the public • hearing was closed. 7.A.2. Consider public testimony concerning amending the wastewater rates. Cindy Demers, Finance Director made the staff presentation. The City recently completed a water and wastewater utility rate study conducted by the consulting firm of Black and Veatch. Results of this study indicate the need for a multi-year approach to utility rate adjustments. Increased operating costs,new regulatory requirements and anticipated debt issuance associated with a $96.3 million utility capital improvement program are the primary causes of the rate considerations. Historically, the City has taken a utility rate management approach that avoids substantial rate increases in any given year. Staff will continue to use this philosophy in their consideration of rate recommendations in addition to keeping the rates competitive within the area. The proposed rate increase will go into effect in January 2004. The increase will affect the • wastewater component of the utility bill and estimate an increase in the average residential bill by approximately 3% or$1.45 per month. Mayor Pro-tem opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: 257 OCTOBER 23, 2003 All items listed with an asterisk(*)were considered to be routine by the City Council and were enacted by one motion. There was no separate discussion of these items and there were no items removed from the consent agenda. *9.A. Consider approval of the City Council minutes for the September 25, 2003 and October 9, 2003 Sessions. • *1 LA.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Consulting Services with Destination Development, Inc. for additional travel expenses. *1 LD.1. Consider a resolution authorizing the Mavor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Fisher Hagood, Inc. for the G.O. Bond Citywide Sidewalks Project, Segment 3. *I LD.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Fisher Hagood, Inc. for the G.O. Bond Forest Creek Safety and Sidewalk Project. *1 LE.1. Consider a resolution authorizing the Mayor to execute Supplemental • Agreement No. 2 to the Agreement for Engineering Services with Coulter Engineering, Inc. for the design of the Deerfoot Drive 8-inch Waterline Improvements. *1 LE.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with HDR Engineering, Inc. for the design of the Barton Hill 2MG Elevated Water Tank Improvements. *11.E.3. Consider a resolution authorizing the Mavor to execute an Agreement for Engineering Services with Camp Dresser&McKee, Inc. for the design of the Water Treatment Plant's Off-Site Wastewater Line Improvements. *11.F.1. Consider a resolution expressing official intent to reimburse cost of acquiring certain vehicles and equipment. *I LF.2. Consider a resolution authorizing the Mayor to execute a Funding Agreement • with Andy Can. *11.F.3. Consider a resolution authorizing the Mayor to execute a Funding Agreement with ARC of the Capital Area. *11.F.4. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Combined Community Action. *1 LF.5. Consider a resolution authorizing the Mayor to execute a Funding Agreement with LifeSteps. 258 OCTOBER 23,2003 *1 LF.6. Consider a resolution authorizing the Mavor to execute a Funding Agreement with LifeWorks. *11.F.7. Consider a resolution authorizing the Mavor to execute a Funding Agreement with Literacy Council of Williamson County. *11.F.8. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Meals on Wheels. • *1 LF.9. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Round Rock Area Serving Center. *1 LF.10. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Round Rock Caregivers. *1 LF.11. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Round Rock Health Clinic. *1 LF.12. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Williamson County Children's Advocacy. *1 LF.13. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Williamson County Crisis Center. • *1 LF.14. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Williamson-Burnet County Opportunities. *1 LF.15. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the YMCA of Greater Williamson County. MOTION: Councilmember Pitt moved to approve all the items on the consent agenda. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. • APPROVAL OF MINUTES: *9.A. Consider approval of the City Council minutes for the September 25 2003 and October 9, 2003 Sessions. This item was approved under the consent agenda. ORDINANCES: 259 OCTOBER 23, 2003 10.A.1. Consider an ordinance approving the Hotel/Motel Occupancy Tax Budget for FY 2003-04. (First Reading) Staff made a presentation to the Council regarding this item earlier in the meeting. ORDINANCE NO. AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY • OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2003-2004. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.A.2. Consider an ordinance amending Chapter 10, Section 10.202 of the Round Rock Code of Ordinances to amend the wastewater rates for retail customers. (First Reading) Staff made a presentation to the Council regarding this item earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.202, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ADOPTING WASTEWATER UTILITY RATES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. • 10.B.1. Consider an ordinance adopting the 2003-04 Community Development Block Grant Budget. (First Reading) Mona Ryan, Community Development Coordinator made the staff presentation. The 2003-2004 Community Development Annual Action Plan was adopted by Resolution No. 03-08-14-14132 and approved by the Department of Housing and Urban Development on October 1, 2003. The cost of this plan is $425,000. Adoption of the annual budget allows the implementation of Community Development Block Grant planned activities 260 OCTOBER 23, 2003 for the next fiscal year. Programs identified in the Annual Action Plan will directly benefit the low to moderate-income citizens of Round Rock. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2003-2004 FISCAL YEAR. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.C.1. Consider an ordinance amending Chapter 3, Section 3.1006 of the Round Rock Code of Ordinances to comply with the National Flood Insurance Program. (First Reading) Tom Word, Chief of Public Works Operations made the staff presentation. The federal government established the National Flood Insurance Program (NFIP) so that flood insurance would be available to property owners. The City was required to adopt regulations regarding flood damage prevention due to being a participating community in the NFIP. The City adopted the said regulations as Section 3.1000 of Chapter 3 (Building Regulations) of the Round Rock City Code. These proposed changes would adopt and incorporate into the Code the"Flood Insurance Study for Williamson County, Texas and Incorporated Areas" dated September 27, 1991, and the Flood Insurance Study for Travis County, Texas and Incorporated Areas dated June 16, 1993. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.1006, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS ADOPTING FLOOD INSURANCE PROVISIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. • VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 2 6; 1 OCTOBER 23,2003 MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Knight seconded ded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Noes: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. RESOLUTIONS: *I LA.1. Consider a resolution authorizing the Mavor to execute Supplemental Agreement No. 1 to the Agreement for Consulting Services with Destination Development Inc. for additional travel expenses. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Consulting Services with Destination Development, Inc. for the development of a long-range tourism plan, and WHEREAS, Destination Development, Inc. has submitted Supplemental Agreement No. • 1 to the Agreement to include additional travel expenses, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Destination Development, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Consulting Services with Destination Development, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. 11.13.1. Consider a resolution authorizing the closing of a portion of Sundance Parkway on October 29, 2003 for a ribbon cutting for the new offices of Texas Guaranteed Student Loan Corporation. This item was addressed earlier in the meeting. 11.B.2. Consider a resolution authorizing the closing of a portion of Lampasas Street on • October 25, 2003 for the Downtown Music Festival. This item was addressed earlier in the meeting. 11.C.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Raba-Kistner-Brytest Consultants, Inc. for the A.W. Grimes Boulevard Proiect. Tom Word, Chief of Public Works Operations made the staff presentation. Raba-Kistner has been providing testing of construction material for A.W. Grimes Boulevard 262 OCTOBER 23, 2003 since the beginning of the project. Staff would like to retain their services for this additional work. The firm has agreed to provide additional testing for$2,298.36. Testing provided by a firm familiar with the project will make progress toward completion faster. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the A.W. Grimes Boulevard Project, and WHEREAS, Raba-Kistner-Brytest Consultants, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Raba-Kistner- Brytest Consultants, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Raba-Kistner-Brytest Consultants, Inc. for the A.W. Grimes Boulevard Project, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. *1 LD.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Fisher Hagood Inc. for the G.O. Bond Citywide Sidewalks Project, Segment 3. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services with Fisher Hagood, Inc. for the G.O. Bond Citywide Sidewalks, Segment 3, and WHEREAS, Fisher Hagood, Inc. has submitted Supplemental Agreement No. 2 to the Agreement for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Fisher Hagood, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Agreement for Engineering Services with Fisher Hagood, 2 63 OCTOBER 23,2003 Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,,Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. • *1 LD.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Fisher Hagood, Inc. for the G.O. Bond Forest Creek Safety and Sidewalk Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services with Fisher Hagood, Inc. for the G.O. Bond Forest Creek Safety and Sidewalks Project, and WHEREAS, Fisher Hagood, Inc. has submitted Supplemental Agreement No. 2 to the Agreement for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Fisher Hagood, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby,authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Agreement for Engineering Services with Fisher Hagood, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of October,2003. *11.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Coulter Engineering, Inc. for the design of the Deerfoot Drive 8-inch Waterline Improvements. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with Coulter Engineering, Inc. for the design of the Deerfoot Drive 8-inch Waterline Improvements, and WHEREAS, Coulter Engineering, Inc. has submitted Supplemental Agreement No. 2 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Coulter Engineering, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Agreement with Coulter Engineering, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,.Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. . 2 6i 4 OCTOBER 23,2003 *I LE.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with HDR Engineering, Inc. for the design of the Barton Hill 2MG Elevated Water Tank Improvements. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of the Barton Hill 2MG Elevated Water Tank Improvements, and WHEREAS, HDR Engineering, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with HDR Engineering, Inc. for the design of the Barton Hill 2MG Elevated Water Tank Improvements, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. *11.E.3. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Camp Dresser&McKee, Inc. for the design of the Water Treatment Plant's Off-Site Wastewater Line Improvements. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of the Water Treatment Plant's Off-Site Wastewater Line Improvements, and WHEREAS, Camp Dresser & McKee, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Camp Dresser & McKee, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Camp Dresser & McKee, Inc. for the design of the Water Treatment Plant's Off-Site Wastewater Line. Improvements, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. *1 LF.1. Consider a resolution expressing official intent to reimburse cost of acquiring • certain vehicles and equipment. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas (the "Issuer") is a home-rule City of the State of Texas, and 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 265. OCTOBER 23, 2003 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 $575,000 for the purpose of paying the costs of the Property. II. • That all costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this Resolution after a date which is later than 18 months after the later of(1) the date the expenditures are paid or (2) the date on which the property,with respect to which such expenditures were made, is placed in service. III. - The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. IV. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. *11.F.2. 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 23rd day of October, 2003. *11.F.3. Consider a resolution authorizing the Mayor to execute a Funding_Agreement • with ARC of the Capital Area. 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 ARC of the Capital Area, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide basic needs, crisis assistance and support services for people with disabilities, their families, and their caregivers, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore 266. OCTOBER 23,2003 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City 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 23rd day of October, 2003. • *I LIZA. Consider a resolution authorizing the Mavor 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 assistance for uninsured post partum mothers, 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 23rd day of October, 2003. *11.17.5. Consider a resolution authorizing the Mayor to execute a Funding Agreement with LifeSteps. 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, 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 youth prevention and intervention, and to provide outreach, screening and referral services, 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 wag open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. *11.F.6. Consider a resolution authorizing the Mayor to execute a Funding Agreement with LifeWorks. This item was approved under the consent agenda. OCTOBER 23,2003 267 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 23rd day of October, 2003. *11.F.7. 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. RESOLVED this 23rd day of October, 2003. *1 LF.8. Consider a resolution authorizing the Mayor 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, 268 OCTOBER 23, 2003 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 23rd day of October, 2003. *1 LF.9. Consider a resolution authorizing the 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 WHEREAS, the City of Round Rock has received a request for funds from Round Rock Area Serving Center, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide for the immediate physical needs of low-income persons, the elderly, the disabled, children, and/or transients, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. *1 LF.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 23rd day of October, 2003. *11.F.11. Consider a resolution authorizing the Mavor to execute a Funding Agreement with Round Rock Health Clinic. This item was approved under the consent agenda. 269 OCTOBER 23, 2003 RESOLUTION NO.'. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable,needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Round Rock Health Clinic, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide medical evaluation, wellness and acute care and treatment for indigent and low-income residents, and • WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A"and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. *1 LF.12. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Williamson County Children's Advocacy. 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 County Children's Advocacy 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 services to child victims of 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, 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 23rd day of October, 2003. *11.F.13. Consider a resolution authorizing the Mayor to execute a Funding Agreement with Williamson County Crisis 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 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, 270 OCTOBER 23, 2003 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 23rd day of October, 2003. *11 F 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, Inc., 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 23rd day of October, 2003. *11.17.15. Consider a resolution authorizing the 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, after-school activities for children in grades K through Fifth, summer day camp for children in grades K through Eighth, and child development center for children ages Two to Five and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. OCTOBER 23, 2003 271 1 LF.16. Consider a resolution granting the Williamson County& Cities Health District's request to increase the City's per capita contribution for FY 2003-04. Cindy Demers, Finance Director made the staff presentation. Karen Wilson, Executive Director of the Williamson County& Cities Health District made a presentation on this item at the last City Council meeting. This resolution would increase the per capita funding amount from the City • from $1.50 to $1.65. RESOLUTION NO. WHEREAS, by Resolution No. 1743R, dated August 27, 1992, the City of Round Rock ("City") entered into the Williamson County and Cities Health District Cooperative Agreement with Williamson County, Georgetown, Taylor and Cedar Park which created the Williamson County and Cities Health District ("District") for the purpose of providing and furnishing county-wide public health programs; and WHEREAS, the District is funded in part by the aforesaid member governments; and WHEREAS, the District has requested the aforesaid member governments to increase the amount of funding that they provide the District; and WHEREAS, the City wishes to grant the District's request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the contribution from the City to the District for fiscal year 2003-04 shall be based on the amount of$1.65 per capita of City residents. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by • the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of October, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. • COUNCIL COMMENTS: The Council congratulated Reid Ryan on the recent announcement of acquiring Triple-A Team. ADJOURNMENT: There being no further business,the meeting adjourned at 8:00 p.m. Re ectfully Submitted, Christine R. Martinez, City Secretary U 272 OCTOBER 31,2003 The Round Rock City Council met in Work Session on Friday, October 31, 2003, in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER— 12:00 NOON ROLL CALL: Those members present were Mayor Nyle Maxwell,Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also presentwere the • following staff members: City Manager Jim Nuse,Assistant City Manager David Kautz, City Attorney Steve Sheets,Finance Director Cindy Demers,Planning and Community Director Joe Vining, Chief of Public Works Operations Tom Word, Chief of Police Paul Conner,Parks and Recreation Department Director Sharon Prete,Public Affairs and Economic Development Director Nancy Yawn, and Communications Director Will Hampton. WORK SESSION: 3.A. Consider a presentation and discussion regarding amendments to Chapter 2, Animal Control, of the Round Rock Code of Ordinances. Will Hampton, Communications Director made the following presentation. Last year the Police Department began the process of updating the Animal Control Ordinance because the existing ordinance did not allow officers to • effectively address the problems they encountered on a regular basis regarding animals. Among the problems are: "backyard breeders"causing noise and odor complaints; dogs-sometimes in packs—running at large attacking people; and people who own multiple unvaccinated, unsprayed or un-neutered cats that can spread disease and contribute to over population of feral cats. In drafting the ordinance, Police and Animal Control staffs have: • Reviewed and analyzed the nature and volume of animal calls in Round Rock • Reviewed and analyzed other animal control ordinances • Conducted four public meetings to solicit input from citizens and other potentially affected interests • Set up a web page specifically for this issue, and received public input via a survey on the web Among the highlights of the proposed ordinance are: • • Specific language regarding a"nuisance" • Specific criteria on the number of livestock allowed S Limits and specific criteria on fowl 0 Specific leash and"tie out"provision 273 OCTOBER 31,2003 • Prohibits the keeping of an exotic animal such as a monkey, alligator,poisonous snake, etc. An estimated 200 people attended the forums and staff received many comments both for and against parts of the ordinance. Generally,the community favored the proposed ordinance changes. The most controversial provision was the limit of dogs and/or cats to four per household. A majority of citizens and animal rescue groups opposed this provision. The staff members working on this issue met regularly and researched alternatives. Staff responded to the concerns, dropped the limit, and will rely on the strengthened nuisance and impoundment provision. The first proposed draft dated July 15 was presented to the community at the first three forums. Based on their input and further research by staff a second draft was created on October 15. It was presented at the final forum for review and comment. No changes were made to the draft ordinance based on comments at the October 15 meeting. Paul Conner, Chief of Police, outlined and clarified specific points of the proposed ordinance. Staff was asked to expand the qualification for a permit regarding keeping animals for educational purposes after high school graduation and to include a provision regarding animals in heat under Section that addresses Restraint and Confinement—Generally. The Council • expressed concern regarding the Section pertaining to Entry and Inspection. Staff relayed no objection to the removal or rewording of this section. The Council emphasized public education regarding the proposed ordinance. The Council suggested that the first reading of the proposed ordinance and public hearing will be held at the first regular meeting of the Council,which will be in January if staff needed more time to fine tune the ordinance. 3.B. Consider a presentation and discussion regarding the new Subdivision Ordinance. Jim Stendebach, Assistant Planning Director made the staff presentation. He outlined the following specific issues identified by staff as substantial changes to the current Subdivision Ordinance. He also identified the problem, the proposed solution and benefits of each issue. • Issue# 1 -Proposal to eliminate the requirement for a Concept Plan for tracts • already within the city limits. Concept Plan will be required for annexation requests/orignal zoning only. • Issue#2—Proposal to eliminate public hearings for plats,with the exception of public hearings for Replats. (There is no state mandated requirement for a public hearing.) • Issue#3 —Proposal to require a Traffic Impact Analysis prior to all stages of platting. • Issue#4—Proposal to require a tree survey to identify significant trees during the platting process. 274 OC'T'OBER 31, 2003 • Issue# 5 —Proposal to require mandatory parkland dedication. • Issue#6—Proposal to require sidewalks along streets in industrial subdivisions and allow deferment of sidewalk construction under certain circumstances. • Issue#7—Proposal to increase right-of-way widths to accommodate but not require the planting of street trees. • Issue# 8—Proposal to provide for an Alternative Standards Agreement to • accommodate un-recorded subdivisions. • Issue# 9—Proposal to include separate standards for rural subdivision. • Issue# 10—Proposal to prohibit the inclusion of flood plain in single-family and two-family lots. • Issue# 11 —Proposal to require a grading plan with the submittal of construction plans. • Issue# 12—Proposal to include a procedure for a one cycle final plat. The procedure is identified as the"minor subdivision final plat". • Issue# 13 —Proposal to provide for administrative approval of public easement vacations. • Issue# 14—Proposal to remove public improvement design standards from the Subdivision Ordinance and relocate in a separate document entitled Public Improvement Design Standards. Mr. Stendebach concluded that public input would be sought with the user/developer during the staff review. • 3.C. Consider a presentation and discussion regarding improvements to Arterial "A". Tom Word, Chief of Public Works Operations made the staff presentation. Arterial A is a new north/south roadway proposed in the Round Rock Transportation Master Plan. The developer of Legends Village has constructed a portion of Arterial A. Additionally, the City has included the grade separation structures at Arterial A in the next US 79 reconstruction project, and funding is included in the TCIP. South of US 79 and the railroad, Arterial A will go through a property known as the Bison Tract. The owner of this tract is proposing to develop the tract, and will need Arterial A constructed to gain safe access to the property. The developer is asking the City to move the schedule up for Arterial A. Staff and Council discussed what level of developer participation in the construction of off-site improvements for Arterial A the City would desire; the fact that even though this is a good road, any improvements would be done six years ahead of schedule; that currently, the City does not need the roadway and if the City was to proceed with construction, funds would need to be borrowed and the proposed development is not in the Palm Valley Plan. . . 2 T OCTOBER 31,2003 3.1). Consider a presentation and discussion regarding Economic Development/ Tourism. Jim Nuse, City Manager noted that this presentation was to give the Council an update since the Council's main goal is economic development. Will Hampton, Communications Director gave a brief update on the PHH Fantus assessment of location factors for Economic Development and portions of the Angelou • Economics Target Industry and Marketing Strategic Plan. Joe Vining,Planning Director gave an overview of Economic Development in general. He outlined several options that can be utilized to define the role of the City and the role of the Chamber of Commerce regarding Economic Development and how tourism has a role in developing successful economic development for the City. 3.E. Consider review and discussion of the report and recommendations of the Round Rock Charter Review Commission regarding proposed amendments to the Home Rule Charter. Steve Sheets, City Attorney made the staff presentation. He outlined each recommendation of the Charter Review Commission. He noted that the Council can also provide amendments to the Charter. The Council discussed the need for better clarification on certain sections of the Charter. • In regard to referendum/initiatives,Mr. Sheets was asked to research other cities and provide information as to the percent of signatures needed for a referendum/initiative, whether individuals who are not qualified voters can obtain signatures, and the time frame needed to verify the petition. ADJOURNMENT: There being no further business,the meeting adjourned at 3:45 p.m. Respectfully Submitted, Christine R. Martinez, City"ry • 276; NOVEMBER 13,2003 The Round Rock City Council met in Regular Session on Thursday,November 13, 2003, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE Mayor Maxwell led the pledge of allegiance. ROLL CALL: Those members present were Mayor Maxwell, Mayor Pro-tem Tom • Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: None PROCLAMATIONS: 5.A. Consider a proclamation declaring November 15, 2003 as "Round Rock Area Serving Center Day." Mayor Maxwell read the appropriate proclamation and presented it to representatives from the Round Rock Area Serving Center. Whereas, the Serving Center is a charitable nonprofit social services agency and food pantry that serves the Round Rock area; and Whereas, the Serving Center provides limited financial assistance toward rent, utilities, gasoline,transportation, temporary lodging, and prescriptions; and • Whereas, the Serving Center is staffed primarily by volunteers, and is supported by local churches, civic groups businesses, the United Way of Greater Williamson County, and community of Round Rock; and . Whereas, the Round Rock City Council wishes to recognize the efforts of the Round Rock Serving Center and thank all of the individuals and neighborhoods who help in the annual food drive, Now, Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby proclaim November 15, 2003 as "Round Rock Area Serving Center Day" and urge everyone in the community to join me and the Council in helping to stock the pantry or provide funds to the Round Rock Area Serving Center so they can continue this much needed service. Proclaimed this 13th day of November 2003. PRESENTATIONS: 6.A.1. Consider a presentation regarding the emission reduction measures to improve air quality, as recommended by the Early Action Compact Task Force. Michael Thane, Engineer made the staff presentation. On November 14, 2002,the City of Round Rock executed a memorandum of agreement approving the Early Action Compact for the Austin/Round Rock Metropolitan Statistical Area. By developing, signing, and maintaining the agreement with the EPA,the Central Texas area will not be designated non-attainment for the 8-hour ozone standard for the term of the agreement, as long as the control measures are being implemented. A major advantage of the region's participation in the Early Action Compact protocol is the flexibility afforded the signatures in selecting emission reduction measures and programs that are best 277 NOVEMBER 13, 2003 suited to local needs and circumstances, instead of the EPA designating the control measures. Most importantly, reducing ozone levels also provides for cleaner, healthier air. Kathy Stevens,with the Early Action Compact Task Force made a presentation to the Council outlining the affects of non-attainment within the City. A public hearing will be held November 19th at the Round Rock Public Library regarding • the measures. The recommendations as well as the selections are due to EPA in early December. PUBLIC HEARINGS: 7.A.1. Consider public testimony concerning amending the wastewater rates. Cindy Demers, Finance Director made the staff presentation. The City recently completed a water and wastewater utility rate study conducted by the consulting firm of Black and Veatch. Results of this study indicated the need for a multi-year approach to utility rate adjustments. Increased operating costs, new regulatory requirements and anticipated debt issuance associated with a$96.3 million utility capital improvement program are the primary causes of the rate considerations. Historically,the City has taken a utility rate management approach that avoids substantial rate increases in any given year. Staff will continue to make rate recommendations in consideration of • this philosophy in addition to keeping the City's rates competitive within the area. The proposed rate increase will go into effect in January 2004. This increase will affect the wastewater component of the utility bill with the average residential bill estimated to increase by approximately 3% or$1.45 per month. Changes to the rates are as follows: Current Proposed 5/8"meter monthly charge $8.60 $8.90 3/4"meter monthly charge $11.40 $11.85 Volume rate per 1,000 gallons used $1.89 $2.12 Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 7.13.1. Consider public testimony concerning proposed amendments to Chapter 11, Section 11.107 of the Round Rock Code of Ordinances to reflect the adoption of the City of • Round Rock General Plan. Joe Vining, Planning and Community Development Director made the staff presentation. The proposed ordinance amendment reflects the adoption of the General Plan as the Comprehensive Plan of the City of Round Rock. When the new Zoning Ordinance was adopted in June 2002,this text was inadvertently omitted. Mayor Maxwell opened the public hearing.There being no public testimony, the public hearing was closed. CONSENT.AGENDA: 278 NOVEMBER 13,2003 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 the items on the consent agenda and nor were there any items were removed. *9.A. Consider approval of the City Council minutes for the October 23, 2003 Regular Session and October 31, 2003 Work Session. • *10.C.1. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances amending the school speed zone on Gulf Way. (First Reading) *11.C.1. Consider a resolution authorizing the closing of a portion of Harrell Parkway on November 1.5, 2003 for a UIL Cross Country meet. *1 LE.1. Consider a resolution authorizing the Mayor to execute a proposal from Paul Hornsby&Company for professional appraisal services for the right-of-way acquisition for the extension and widening of A.W. Grimes Boulevard. *11.G.1. Consider a resolution authorizing the Mayor to execute an Interlocal Contract for Orthophotography with the Capital Area Planning Council for Digital Orthophotography and Planimetric Mapping. *11.G.2. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with Children's Support Coalition for MHMR related services for$6,000.00. *11.0.3. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with Williamson-Burnet County Opportunities for the Round Rock Adult Day Care Scholarship Program for$10,000.00. *1 LG.4. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with the Round Rock Housing Authority for Senior Activity Program for$8,500.00. *11.G.5. Consider a resolution authorizing'the Mayor to execute a Community Development Block Grant Program Agreement with Children's Support Coalition for camp and respite services for$6,000.00. • *1 LG.6. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with the Round Rock Area Serving Center for transportation vouchers for$5,014.00. NOVEMBER 13,2003 279 *11.G.7. Consider a resolution authorizing the Mavor to execute a Community Development Block Grant Program Agreement with the Round Rock Volunteer Center for the Coats for Kids 2003 Project for$2,000.00. *11.G.8. Consider a resolution authorizing the Mavor to execute a Community Development Block Grant Program Agreement with Any Baby Can for the Prenatal Education • Proiect for$6,000.00. *11.G.9. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with the Williamson County and Cities Health District for the Acute Dental Care Project for$2,508.79. *11.G.10. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with the Williamson County and Cities Health District for the A Tiempo Proiect for$2,611.00. *11.G.11. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with the Williamson County and Cities Health District for the CHIP/Medicaid Program for$7,500.00. • MOTION: Councilmember Knight moved to approve all the items on the consent agenda. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *9.A. Consider approval of the City Council minutes for the October 23, 2003 Regular Session and October 31, 2003 Work Session. This item was.approved as a part of the consent agenda. • ORDINANCES: 10.A.1. Consider an ordinance approving the Hotel/Motel Occupancy Tax Budget for FY 2003-04. (Second Reading) Cindy Demers, Finance Director made the staff presentation. The hotel-motel occupancy tax budget is presented to the City Council annually for adoption. By State law, amounts spent from the fund may be used only to promote tourism and the convention and hotel industry. The hotel-motel budget is developed through combined efforts by the Round Rock Chamber of Commerce and the City of Round Rock. This year, due to the 2 8, 0 NOVEMBER 13,2003 ongoing tourism study, minimum funding is provided for the tourism-marketing program. The budget also reflects funding levels for events, arts and historic preservation as recommended by the Chamber of Commerce Tourism Committee and full annual debt service funding for the Stadium/Convention Center complex. Staff anticipates returning to the Council later this year with a comprehensive marketing budget based on the recommendations provided by the tourism study. Ms. Demers outlined the proposed budget as follows. • Revenues Hotel/Motel Occupancy Tax $1,600,000 Interest Income 20,000 Total Revenue $1,620,000 Expenditures Festivals &Events Advertising $ 23,500 Arts Support 27,460 Tourism Support 162,683 Museum Support 8,000 Unallocated 46,157 Convention Center Complex Project 751,300 Total Expenditures $1,019,100 ORDINANCE NO. AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2003-2004. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Pitt • seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe ` Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.A.2. Consider an ordinance amending Chapter 10, Section 10.202 of the Round Rock Code of Ordinances to amend the wastewater rates for retail customers. (Second Reading) Cindy Demers, Finance Director made the staff presentation. A-public hearing was held for this item earlier in the meeting. The proposed rate increase will go into effect January 2004. This increase will affect the wastewater component of the utility bill with the average residential bill estimated • to increase by approximately 3% or$1.45 per month. Changes to the rates are as follows: Current Proposed 5/8"meter monthly charge $8.60 $8.90 3/4"meter monthly charge $11.40 $11.85 Volume rate per 1,000 gallons used $1.89 $2.12 ORDINANCE NO. 281 NOVEMBER 13,2003 AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.202, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ADOPTING WASTEWATER UTILITY RATES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Pitt seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.A.3. Consider an ordinance a rovin and adopting tin a budget for the Law pp � p � � Enforcement Fund for Fiscal Year 2003-2004. (First Reading) Paul Conner, Chief of Police made the staff presentation. This fund was established for the asset forfeiture program created by the federal government and later adopted by individual states. It is a tool to seize assets obtained because of criminal activity. This program targets property,monies, and holdings gained through the commission of state or federal felonies or used in the commission of those • felonies. The City participates in sharing programs with the U.S. Drug Enforcement Agency, the Federal Bureau of Investigation, and the U.S. Treasury Department. Through these programs, the City receives all vehicles, and 80 percent of all the cash and proceeds from property sales that 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;because 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. The annual budget for this routine budget is as follows. Beginning Fund Balance $102,257 Less Reserves 55,955) Beginning Unreserved Fund Balance $ 46,302 Revenues: Interest Income $ 1,082 • Federal Drug Seizure Funds Balance 0 State and Local Seizure Funds 5,000 Federal Seizure Funds 30,000 Total Revenues $36,082 Total Funds Available $82,384 Expenditures: State Funds Capital Outlay 0 Total Capital Outlay 0 Local Funds Capital Outlay 0 Computer Equipment 0 Total Capital Outlay 0 282 NOVEMBER 13,2003 Federal Funds . Training &Transportation $15,000 Capital Outlay 0 Machinery&Equipment $15,000 Computer Equipment $52,000 Total Capital Outlay $82,000 Total Expenditures $82,000 Estimated Unreserved Fund Balance 9/30/04 $ 384 ORDINANCE NO. • AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2003-2004 FISCAL YEAR. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember.Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.A.4. Consider an ordinance approving and adopting the Forest Creek Golf Course Capital Budget for Fiscal Year 2003-2004. (First Reading) David Kautz, Assistant City • Manager/Chief Financial Officer made the staff presentation. The City owns Forest Creek Golf Course and contracts with On Course Strategies to manage and operate the golf course. As part of operating the course, On Course Strategies prepares a capital budget for major improvements and equipment. The budget funds come from 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 course or to pay debt service. The Proposed Capital Budget follows: Beginning Fund Balance $16,473 Less: Department Reserves 0 Unreserved Fund Balance $16,473 Revenues Green Fees Transfer(@ 6%) $ 49,186 Interest 235 Total Revenues $ 49,421 • Expenditures Improvements $ 0 Golf Course Equipment&Machinery 58,100 Contingency 7,794 Construction 0 Total Expenditures $ 65,894 Change in Operations $(16,473) Estimated Unreserved Fund Balance at 9/30/04 $ 0 ORDINANCE NO. 283 NOVEMBER 13, 2003 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FOREST CREEK GOLF COURSE FOR FISCAL YEAR 2003-2004. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.A.5. Consider an ordinance approving and adopting a budget for the Parks Improvement and Acquisition Fund for Fiscal Year 2003-2004. (First Reading) Sharon Prete, Parks and Recreation Director made the staff presentation. This fund was established to serve as a depository for donations of fees, which are earmarked for specific projects. Funds are obtained through donations, developer contributions, sport facility capital improvement fees and Interest Income. This fund will allow the Parks and Recreation staff to make capital improvements with funds other than tax dollars or bond monies. • The Parks Improvements and Acquisitions budget is as follows: Beginning Unreserved Fund Balance $24,958 Less: Departmental Reserves (5,321) Unreserved Fund Balance $19,637 Revenues Sports League Fees $9,100 Interest Income 263 Total Revenues $9,363 Total Funds Available $29,000 Expenditures McNeil Park Ballfield Improvements $19,000 Sub-Total $19,000 Unspecified Playground Equipment $10,000 Contingency(Improvements to CMRC and Memorial Park) 0 Sub-Total $10,000 Total Expenditures $29,000 Estimated Unreserved Fund Balance at 9/30/04 $ 0 • ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE PARKS IMPROVEMENT AND ACQUISITION FUND FOR THE 2003-2004 FISCAL YEAR. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt 2 8 4. NOVEMBER 13, 2003 Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.B.1. Consider an ordinance adopting the 2003-2004 Community Development Block Grant Budget. (Second Reading) Mona Ryan, Community Development Coordinator made the staff presentation. The 2003/2004 Community Development Annual Action Plan was adopted by Resolution R03-08-14-14B2 and approved by the Department of Housing and Urban Development on October 1, 2003. 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. Ms. Ryan outlined the following. Beginning Estimated Unreserved Fund Balance $0 REVENUES (a) CDBG $ 688,919 Program Income 0 Total Revenues $688,919 EXPENDITURES 2000 Program Grant Funding • Project 1: Neighborhood Enhancements $ 11,639 Project 2: Economic Opportunities 0 Project 3: Home Ownership Assistance 0 Project 4: Program Administration 0 Subtotal 2000 Program Grant Expenditures $ 11,639 2001 Program Grant Funding Project 1: Neighborhood Enhancements $ 3,577 Project 2: Economic Opportunities 0 Project 3: Home Ownership Assistance 0 Project 4: Program Administrations 0 Project 5: Public Services 0 Project 6: Senior Center Rehabilitation 17,544 Subtotal 2001 Program Grant Expenditures $ 21,121 2002 Program Grant Funding Project 1: Neighborhood Enhancements $ 0 Project 2: Economic Opportunities 1,466 Project 3: Home Ownership Assistance 0 Project 4: Program Administrations 0 Project 5: Public Services 4,550 Project 6: Lead-Based Paint 0 Project 7: Rehabilitation Existing Homes 0 Subtotal 2002 Program Grant Expenditures $ 6,016 • 2003 Program Grant Funding Project 1:Neighborhood Enhancements $ 104,215 Project 2: Economic Opportunities 18,558 Project 3: Home Ownership Assistance 48,507 Project 4: Program Administrations 0 Project 5: Land Acquisition 49,355 Project 6: Public Services 4,509 Subtotal 2003 Program Grant Expenditures $ 225,144 2004 Program Grant Funding Project 1: Neighborhood Enhancements $ 50,000 Project 2: Special Economic Opportunities 76,250 Project 3: Home Ownership Assistance 100,000 285 NOVEMBER 13,2003 Project 4: Program Administration 85,000 Project 5: Emergency Repair Program 50,000 Project 6: Public Services 63,750 Subtotal 2004 Program Grant Expenditures $ 425,000 Total Expenditures $ 688,919 Estimated Unreserved Fund Balance 9/30/04 $ 0 (a) The FY04 Budgeted award is $425,000. The additional$263,919 are prior years' awards • not yet spent. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2003-2004 FISCAL YEAR. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 103.2. Consider an ordinance amending Chapter 11, Section 11.107 of the Round Rock • Code of Ordinances to reflect the adoption of the City of Round Rock General Plan. (First Reading) Joe Vining,Planning Director made the staff presentation. The proposed ordinance amendment reflects the adoption of the General Plan as the Comprehensive Plan of the City of Round Rock. When the new Zoning Ordinance was adopted in June 2002, this text was inadvertently omitted. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.107, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO REFLECT THE ADOPTION OF THE DOCUMENT ENTITLED GENERAL PLAN 2000 AS THE COMPREHENSIVE PLAN OF THE CITY OF ROUND ROCK IN ACCORDANCE WITH SECTION 213.002 OF THE TEXAS LOCAL GOVERNMENT CODE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. • MOTION: Councilmember Pitt moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 286 NOVEMBER 13, 2003 MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10.C.1. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances amending the school speed zone on Gulf Way. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 9, SECTION 9.503 AMENDING THE SCHOOL SPEED ZONE ON GULF WAY DRIVE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: 1 LA.1. Consider a resolution in support of Williamson County's submission of a grant • application to the Capital Area Planning Council for a Regional Solid Waste Program Grant for the funding of a Regional Recycling Facility. Jim Nuse, City Manager made the staff presentation. The City received a request from the office of Williamson County Commissioner Frankie Limmer regarding the County's request for Round Rock's support of an application to the Capital Area Planning Council (CAPCO) for a Solid Waste Grant. Pete Correa of Commissioner Limmer's office provided the following information. This grant will help Williamson County in their effort of having a Regional Recycling Facility that would benefit residents of Williamson County. The site of the facility will be at the Williamson County Landfill. The first phase of the grant will be funding for preparation of the site, a building and start up of the facility. RESOLUTION NO. • WHEREAS, the Capital Area Planning Council is directed by the Texas Commission on Environmental Quality (TCEQ) to administer solid waste grant funds for implementation of the adopted Regional Solid Waste Management Plan 2002-2020, and WHEREAS, Williamson County, Texas is qualified to apply for grant funds under the Request for Applications, and WHEREAS, it is the desire of Williamson County to provide a regional recycling facility for the benefit of all its citizens and to save the capacity of the existing landfill, and WHEREAS, the project priorities include the category of source reduction and recycling (Goals#5, 6, 8, 10 & 11 of the Regional Solid Waste Management Plan 2002-2020), and 287 NOVEMBER 13, 2003 WHEREAS, the City of Round Rock wishes to offer its support of this application as it would benefit the community by providing a needed recycling facility to serve the citizens of Williamson County,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock supports the efforts of Williamson County to establish a regional recycling center through Williamson County's solid waste program grant application. The City Council hereby finds and declares that written notice of the date, hour, place and'subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and • the subject matter hereof 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 November, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. 11.B.1. Consider a resolution authorizing the Mayor to execute an Agreement with Counsilman-Hunsaker&Associates, Inc. for the Old Settlers Park at Palm Valley Family Aquatic Center Proiect. This item was withdrawn from the agenda at the request of staff. *11.C.1. Consider a resolution authorizing the closing of a portion of Harrell Parkway on November 15, 2003 for a UIL Cross Country meet. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Parks and Recreation Department of the City of Round Rock has requested that Harrell Parkway, from the north side of its entrance to the Dell Diamond parking lot to its intersection with Aten Loop, be closed from 6:00 o'clock a.m. until 3:30 o'clock p.m. on November 15, 2003 for the UIL State Track Meet, and WHEREAS, the Council wishes to grant such request,Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That a portion of Harrell Parkway be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551; Texas Government Code, as amended. RESOLVED this 13th day of November, 2003. 11.D.1. Consider a resolution approving the Application of Participation in the Texas Short Term Asset Reserve Program(TexSTAR). Cindy Demers,Finance Director made the 288 NOVEMBER 13,2003 staff presentation. In an effort to continuously improve the management of the City's investment portfolio, the City's investment officers recently reviewed and updated the City's investment policy and strategy. As a result of this review,the investment officers are recommended that the City become a member of the Texas Short Term Asset Reserve Program, also known as TexSTAR, to further diversify the City's short-term investment portfolio. TexStar is a local government investment pool,which is an authorized investment under the Public Funds • Investment Act and the City of Round Rock Investment Policy. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas ("City") is a political subdivision of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds, and WHEREAS, it is in the best interests of the City to invest its funds jointly with other Texas local governments in the Texas Short Term Asset Reserve Program (TexSTAR) in order to better preserve and safeguard the principal and liquidity of such funds and to earn an acceptable yield, and WHEREAS, the City is authorized to invest its public funds and funds under its control in TexSTAR and to enter into the Participation Agreement authorized herein,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the form of application for participation in TexSTAR attached to this Resolution is approved. The officers of the City specified in the application are authorized to execute and submit the application, to open accounts, to deposit and withdraw funds, to designate other authorized representatives, and to take all other actions required or permitted by the City under the Agreement created by the application, all in the name and on behalf of the City. • - The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such ' meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of November, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.D.2. Consider a resolution approving and adopting the Operating Budget for the Round Rock Transportation System Development Corporation for Fiscal Year 2003-2004. David Kautz,Assistant City Manager/Chief Financial Officer, and Cindy Demers, 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 %z% sales tax established for the purposes of providing transportation 289 NOVEMBER 13,2003 improvements. The Corporation oversees those improvements with the further approval of the City Council. Details of the Budget follows: Revenue and Other Sources Sales Tax Proceeds $11,016,667 Interest Income 232,000 Loan-Based Proceeds - Transfers In—Outside - Proceeds—Sale of Assets • Total Revenue $11,248,667 Operations Expenditures Administration Costs Contracted Services $ 11,026 Insurance 544 Supplies, Training, Transportation, Misc. 925 Total Administration Costs $ 12,495 Legal Services Contracted Services $ 14,745 Legal Notices 2,176 Total Legal Services $ 16,921 Financial Services Contracted Services $ 31,830 Audit Fees 2,873 Total Financial Services $ 34,703 Engineering Services Contracted Services $ - 119,881 Total Engineering Services $ 119,881 Total Operations Expenditures $ 184,000 Debt Services Principal and Interest-Revenue Bonds $ 2,289,120 • Principal and Interest—S.I.B. Loan 2,470,750 Financing Fees 2,000 Total Debt Service $ 4,761,870 Transportation Capital Proiects Expenditures Greenlawn Extension - IH-35 Turnarounds - Traffic Signal Coordination - South Mays Street Extension $ 411,752 U.S. Highway 79 from 1460 to CR 195 4,008,180 Arterial A 336,805 A.W. Grimes/Arterial B 5,892,562 U.S. Highway 79 Improvements - Greenlawn Interchange - FM 1460 71,835 Arterial C 320,000 Prime Consulting - SH 45 - Forest Creek/Double Creek 3,948,837 CR 113/Kiphen Road 2,381,012 Traffic Signals 611,077 SH 130 Traffic Model - Transportation Consulting - • Regional Mobility Study - Road Consulting 43,816 Hester's Crossing Bridge Replacement 6,463,775 IH-35 Modifications 4,918,332 Hagler Bailly Study - Project Cost Retainage Payable - Bond Issuance Costs - Total Capital Proiects Expenditures $29,407,983 Transfers (Reimburse City for IH-35 Turnarounds) - Total Expenditures $ 34,353,853 RESOLUTION NO. 290 NOVEMBER 13,2003 WHEREAS, the Round Rock Transportation System Development Corporation has submitted a proposed operating budget for fiscal year 2003-2004, 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 2003-2004, 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 13th day of November, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *11.E.1. Consider a resolution authorizing the Mayor to execute a proposal from Paul Hornsby& Company for professional appraisal services for the right-of-wawacquisition for the extension and widening of A.W. Grimes Boulevard. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional appraisal services regarding the acquisition of right-of-way for the A.W. Grimes Boulevard Project, and WHEREAS, Paul Hornsby & Company has submitted a proposal to provide said services, and WHEREAS, the City Council desires to accept said proposal from Paul Hornsby & 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 proposal from Paul Hornsby & Company for appraisal services regarding the acquisition of right-of-way for the A.W. Grimes Boulevard 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 November, 2003. 291: NOVEMBER 13,2003 1 LF.1. Consider a resolution authorizing the Mavor to execute an Annual Purchasing Agreement for Purchase of Automotive Parts and Batteries with Arnold Oil Company d/b/a A- Line Auto Parts. Tom Word, Chief of Public Works Operations made the staff presentation. The previous contract with Arnold Oil Company expired last year. The staff is confident with the service Arnold Oil Company has provided in the past. The estimated cost of this agreement is • +/- $94,000 for the fiscal year 2003-2004. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of automotive parts and batteries, and WHEREAS, Arnold Oil Company dba A-Line Auto Parts has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Arnold Oil Company dba A- Line Auto Parts,Now Therefore BE IT RESOLVED BY 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 Purchase of Automotive Parts and Batteries with Arnold Oil Company dba A- Line Auto Parts, a copy of said Agreement attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject-of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of November, 2003. • NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution: Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • 1 LF.2. Consider a resolution authorizing the Mavor to execute an Agreement for Engineering Services with Alliance Texas Engineering for traffic signal design for the intersections of McNeil Road at St. Williams and McNeil Road at Oakridge Drive. Tom Word, Chief of Public Works Operations made the staff presentation. Due to the expiration of the previous contract, a new contract is needed with Alliance Texas. The engineer has agreed to perform the remaining signal design and coordination with Union Pacific Railroad and other 292 NOVEMBER 13,2003 entities for$15,033.15. This amount is not an additional amount, rather remaining monies from the original contract, are utilized. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for traffic signal design at the intersections of McNeil Road at St. Williams Avenue and McNeil Road at Oakridge Drive, and WHEREAS, Alliance Texas Engineering has submitted an Agreement for Engineering • Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Alliance Texas Engineering,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Alliance Texas Engineering for traffic signal design at the intersections of McNeil Road at St. Williams Avenue and McNeil Road at Oakridge Drive, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of November, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.17.3. Consider a resolution authorizing the Mayor to execute a contract with Fillip Construction Company, Inc. for the Chisholm Trail Reconstruction Project. Tom Word, Chief of Public Works Operations made the staff presentation. Eight bids were received and opened on October 7, 2003. Fillip Construction Company, Inc.,was the low bidder at $538,282.20. The • limits of the project are from Hotel Centre to Wolle Lane, approximately 1000' North and South of FM 3406. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Chisholm Trail Reconstruction Project, and WHEREAS, Fillip Construction Company, Inc. has submitted the lowest responsible bid, and 293. NOVEMBER 13, 2003 WHEREAS, the City Council wishes to accept the bid of Fillip Construction Company, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to'execute on behalf of the City a contract with Fillip Construction Company, Inc. for the Chisholm Trail 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. RESOLVED this 13th day of November, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councihnember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • 1 LIZA. Consider a resolution authorizing the Mayor to execute a contract with Austin Traffic Signal Construction Company for the installation of traffic signals at Mays Street at Texas Avenue and Mays Street at Old Settlers Boulevard. Tom Word, Chief of Public Works Operations made the staff presentation. Two bids were received and opened on September 16, 2003. Austin Traffic Signal Construction Company submitted the lowest bid at$237,946.55. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the installation of traffic signals at the intersections of Mays Street at Texas Avenue and Mays Street at Old Settlers Boulevard, and WHEREAS, Austin Traffic Signal Construction Company, LP has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Austin Traffic Signal Construction Company, LP,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Traffic Signal Construction Company, LP for the installation of traffic signals at the intersections of Mays Street at Texas Avenue and Mays Street at Old Settlers Boulevard. The City Council hereby finds and declares that written notice of the date, hour, place and subject,of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 November, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas 294: NOVEMBER 13,2003 ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.F.5. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Plan. Tom Word, Chief of Public Words Operations made the staff presentation. The Transportation Capital Improvement Program (TCIP) is a three-year spending plan for improvements to major roads and arterials in the City. Funding for this plan is provided through the V2 % sales tax established for the purpose of transportation improvements. The TCIP is being amended to supplement funding for the following existing projects: Forest Creek Drive, IH-35 Area • Improvements and the IH-35 Frontage Road and Hester's Crossing Bridge Replacement. This amendment will also reallocate unused funds from the recently completed IH-35 Turnarounds at FM 1325 /Louis Henna Boulevard. The cost for the proposed amendment is $2,242,570.00, and the Total Round Rock Transportation System Development Corporation funding including the amendment is $109,875,918.00. 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 13th day of November, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: 295. NOVEMBER 13, 2003 CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *11.G.1. Consider a resolution authorizing the Mayor to execute an Interlocal Contract for Orthophotography with the Capital Area Planning Council for Digital Orthophotography and Planimetric Mapping_ This item was'approved under the consent agenda. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Contract for Orthophotography with the Capital Area Planning Council for Aerial Photography Updates of • selected high growth areas in and around the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That,the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Contract for Orthophotography with the Capital Area Planning Council, a copy of said Contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 November, 2003. *11.G.2. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with Children's Support Coalition for MHMR related services for$6,000.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, • Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage Children's Support Coalition 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 Children's Support Coalition for MHMR related 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 Agreement with Children's Support Coalition for MHMR related 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 296 NOVEMBER 13, 2003 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of November, 2003. *11.G.3. Consider a resolution authorizing the Mayor to execute a Communitv Development Block Grant Program Agreement with Williamson-Burnet County Opportunities for the Round Rock Adult Day Care Scholarship Program for$10,000.00. This item was • approved under the consent agenda. RESOLUTION NO. WHEREAS,the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage Williamson-Burnet County Opportunities, Inc. to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with Williamson-Burnet County Opportunities, Inc. for the Round Rock Adult.Day Care Scholarship Program,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant 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 lawat all times during which this Resolution and the subject matter hereof 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 November, 2003. *11.G.4. Consider a resolution authorizing the Mayor to execute a Communitv Development Block Grant Program Agreement with the Round Rock Housing Authority for a Senior Activity Program for$8,500.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage the Round Rock Housing Authority to,assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with the Round Rock Housing Authority for a Senior Activity 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 Agreement with the Round Rock Housing Authority for a Senior Activity 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 13th day of November, 2003. 297 NOVEMBER 13,2003 *11.G.5. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with Children's Support Coalition for camp and respite services for$6,000.00. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage Children's Support Coalition 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 Children's Support Coalition for camp and respite 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 Agreement with Children's Support Coalition for camp and respite 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 13th day of November, 2003. • *11.G.6. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with the Round Rock Area Serving Center for transportation vouchers for$5,014.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage the Round Rock Area Serving Center to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with the Round Rock Area Serving Center for transportation vouchers,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with the Round Rock Area Serving Center for transportation vouchers, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of November, 2003. *11.G.7. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with the Round Rock Volunteer Center for the Coats for Kids 2003 Project for$2,000.00. This item was approved under the consent agenda. 298 NOVEMBER 13, 2003 RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974; Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage the Round Rock Volunteer Center to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with the Round Rock Volunteer Center for the Coats for Kids 2003 Project,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 0 That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with the Round Rock Volunteer Center for the Coats for Kids 2003 Project, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of November, 2003. *11.G.8. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with Any Baby Can for the Prenatal Education Proiect for$6,000.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for`and received funds from the United • States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage Any Baby Can 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 Any Baby Can for the Prenatal Education Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with Any Baby Can for the Prenatal Education Project, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of November, 2003. *11.G.9. Consider a resolution authorizing the Mayor to execute a Community • Development Block Grant Program Agreement with the Williamson County and Cities Health District for the Acute Dental Care Project for$2,508.79. 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 . 2 9 -9. NOVEMBER 13,2003 WHEREAS, the City of Round Rock wishes to engage the Williamson County and Cities Health District to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with the Williamson County and Cities Health District for the Acute , Dental Care Project,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with the Williamson County and Cities Health District for the Acute Dental Care Project, a copy of said agreement being attached hereto • as Exhibit"A"and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of November, 2003. *11.G.10. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with the Williamson County and Cities Health District for the A Tiempo Project for$2,611.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and • WHEREAS, the City of Round Rock wishes to engage the Williamson County and Cities Health District to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block . Grant Program Agreement with the Williamson County and Cities Health District for the A Tiempo Project,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with the Williamson County and Cities Health District for the A Tiempo Project, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of November, 2003. *11.G.11. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with the Williamson County and Cities Health • District for the CHIP/Medicaid Program for$7,500.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage the Williamson County and Cities Health District to assist the City in utilizing said funds, and 300 _ NOS'EMBER 13, 2003 WHEREAS, the City.Council desires to enter.. into a Community Development Block "Grant Program--Agreement with-the Williamson County and Cities Health_ District for the CHIP/Medicaid Pro gram,Now Therefore BE 1T RESOLVED BY 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 Agreement with the Williamson County and Cities Health District for the CHIP/Medicaid 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 1aZv at all times during which thi.s Resolution and the-subject matter hereof were-discussed, considered and=formaliy acted upon, all as required by the Chapter 551, Texas Government -Code, as amended. _ RESOLVED-this 13th day-of N6vieri--ber,"2003.- _ COUNCIL COMMENTS-None - - _- There being no further-business, the meeting adjourned at 8:12 p.m. .Respectfully Submitted, t - v - Christine R. Martinez, City Secretary _ - - - - - - - _ - _ - It coPrItc)ell /0 - , _ NOVEMBER 13,.2003 WHEREAS, the City Council desires to' enter into a Community Development Block Grant Program Agreement with the Williamson County and,.Cities Health District for the CHIP/Medicaid 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 Agreement with. the Williamson County and Cities- Health District for the CHIP/Medicaid 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 55.1, .Texas 'Government Code, as amended. RESOLVED this 13th day of November, 2003. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:12 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary CA Lam/ - -� -Pcu No Text