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MINUTE BOOK 50 2003-2004 1 � NOVEMBER 25,2003 The Round Rock City Council met in Work Session and Regular Session on Tuesday, November 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 Assistant City Attorney Charlie Crossfield. PRESENTATIONS: 3.A.1: Consider a presentation by Destination Development, Inc. regarding the results for the development of a long-range tourism plan. Sharon Prete,Parks and Recreation Director made the staff presentation. In September 2002 the City, Chamber and local tourism industry representatives began meeting to discuss present and future tourism opportunities. It soon became apparent that a long-range plan was needed, so steps were taken to hire a consultant to help us through the process. In June 2003, the City hired Destination Development,Roger Brooks, to prepare a plan based upon a community evaluation and citizen input. • Roger Brooks made the following presentation and outlined some of the recommendations for long-range tourism plan. Introduction: • Tourism: Fastest growing industry in the U.S. and Texas • To succeed you must either be different or be the best • Branding is the key to success. This includes product development as well as marketing. Philosophy • By state law, hotel occupancy tax funds must be used for the promotion and development of tourism: bringing visitors from at least 50 miles away. • The City should always look for a return on investment. These are economic development funds,not grant funds. Branding: • Mission Statement should be to become the Sports Capital of the U.S.—Particularly in amateur and semi-pro sports. To create multi-day events that will fill local lodging establishments and will encourage local spending. • Initial Effort: Round Rock,the Sports Capital of Texas • Partnerships: • City of Round Rock facilities (primarily Old Settlers Park) • Dell Diamond • Round Rock ISD (The Independent School District) • The County (Williamson Park) • Pflugerville Soccer Complex Following are some of the recommendations made by Mr. Brooks: 2 = NOVEMBER 25, 2003 Sales Effort: • Create the Round Rock Conventions &Visitors Bureau - Under the opus of the City at least for the first year • Develop a Tourism Commission - Comprised of representatives from the City, Chamber, hotels, restaurants • Create and implement an aggressive sales effort with a professional sales team. - Three staff people,Director of Sales, Events Coordinator, and Staff support person. • Implement a professionally produced advertising and public relations program. - Need to upscale marketing efforts Product Development: • • The Round Rock Special Events Center Do feasibility study to determine size and cost This will not be a community or civic center Conference Center(40-50,000 sq. ft.) to accommodate conventions for 1,000 individuals, maybe next to Dell Diamond • Water Park at Old Settlers Park - This will be one more reason for people to come to Round Rock • Recruit or develop RV park next to or at Old Settlers Park(upscale, 150+ spaces, full hook ups) • Signage program: Gateways and wayfinding Other Recommendations: • Event Funding: Return on investment, follow the theme - Local events should follow state law • Historic attraction funding: new focus • Increase cultural arts programs under this program. Future capital project: Performing Arts Center • Public/private transportation system - Partnership with hotels or other entities • Next fiscal year because hotels are spread throughout City Budgets: • Dell Diamond: $700,000+per year • Product development: $500,000 per year • CVB & sales effort: $300,000 per year • Support Services: $100,000 per year • Advertising/Public Relations efforts: $235,000 Next Steps... • Adoption of the plan - Recommended that the plan be adopted as a whole document rather than piecemeal so it can work. - Resolve problems with plan or initiate amendments prior to adoption. • Formation of the Tourism Commission • Staff organization, search, logistics • RFP for wayfinding, signage plan development • RFP for the Special Events Center Mr. Brooks added that he does not recommend that the lodging tax be increased. • In response to Councilmember Rhode's question., Mr. Brooks said that his company did an extensive search of Texas and did not find any other City that had the designation of"Sports Capital of Texas." There being no additional business, the work session adjourned at 6:37 p.m. CALL REGULAR SESSION TO ORDER- 7:00 P.M. NOVEMBER 25, 2003 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 Assistant Ci Attorney Charlie Crossfield. g City Y CITIZENS COMMUNICATIONS: Rocky Garzarek,Deputy Fire Chief reported that Chief Bizzell recently received the distinguished award of Chief Fire Officer. This is a voluntary program designed to recognize individuals that show their excellence in seven measured components. Those components include Experience, Education, Professional Development, Professional Contributions, Association Membership, Community Involvement, and Technical Competencies. A candidate must submit his career portfolio to a nationally recognized panel of peer assessors for review. The panels of peers' assessors evaluate the credentials of the candidate making sure that the candidate has demonstrated excellence in all of the core criteria areas. Many people try,but, only • a few are selected annually to receive this award. In fact, only 15 Fire Chiefs in the entire State of Texas have obtained this distinguished recognition. Mayor Maxwell presented Chief Bizzell with his award designating him as National Chief Fire Officer. Giselle Schaefer,2003 Woods Cove, informed the Council that the Putt-N-Fun Zone will be getting an outdoor electric go-cart track. This track will be the only one like it in the United States. PRESENTATIONS: 8.A. Continuation of presentations not addressed during the Work Session. None 8.B.1. Consider a presentation on the City of Round Rock Employee Health Plan. Teresa Bledsoe,Human Resources Director made the staff presentation. The City's self-insured medical dental and vision plan is a Preferred Provider Organization plan(PPO) and has three principal components: a health care provider, claims administration and stop loss reinsurance. The health care provider network provides health care to our employees and their covered dependents at negotiated discounts. A claims administrator is hired by the City to assist in plan design,negotiations with the provider network and payment of claims in accordance with the plan design. Reinsurance is purchased by the City to provide a safety net against catastrophic it 4 NOVEMBER 25,2003 claims. Because the City partially self-insures this plan, the City is responsible for a certain level of claims costs. The reinsurance is responsible for covering claims cost above those covered by the City. Major revisions were made to the plan designed this year to address rising cost and better utilization of the plan. The cost of this insurance is a function of the number of employees and dependent units covered. Plan design changes are intended to reduce some of the impact of health insurance industrytrends and to encourage better utilization of the plan by employees and • dependents. This agreement provides skilled medical plan claims administration in an efficient manner. PUBLIC HEARINGS: 9.A.1. Consider public testimony regarding the application filed by Westside Church of Christ of Williamson County, Inc. to rezone 11.74 acres of land from District SF-2 (Single Family-Standard Lot)to District PF (Public Facilities). Joe Vining,Planning Director made the staff presentation. The zoning ordinance requires church facilities in excess of 2,500 square feet of accessory uses to be zoned PF(public facilities). The intent behind this regulation is to ensure greater compatibility between large church complexes and adjacent residential uses. The church's location along FM 1431, a major arterial, qualifies the tract for Public Facilities zoning. • Under the current zoning ordinance, all requests for rezoning must be accompanied by an approved Traffic Impact Analysis (TIA). The TIA is prepared under the assumption that the tract will be developed according to its highest and best use. The highest and best use in the current PF district is "office medical". Because the church has no immediate plans to change its existing use, the City has agreed to allow the Church to attach a restrictive covenant to its property for the City waiving the requirements of the TIA. The covenant restricts the current use of the tract to church uses only. The covenant restricts total building square footage on the site to 27,500 sq. feet. This allows for an expansion of approximately 6,000 square feet beyond the existing square footage. Should the Church wish to expand its square footage beyond the 27,500 square feet specified in the covenant, the City will not accept a site plan nor issue a building permit until a TIA is approved. The restriction of totalsquare footage accomplishes the goal of limiting traffic impacts without expressly stating each permitted accessory use. Staff is currently reviewing the uses contained in the PF district. Staff may consider dividing the district into two zones (PF-1, PF-2) in order to minimize the TIA requirements for smaller PF uses such as churches and community service organizations. NOVEMBER 25, 2003 Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 9.B.1. Consider public testimony regarding an ordinance amending Chapter 2, Animal Control, of the Round Rock Code of Ordinances (1995 Edition). Paul Conner,Police Chief, Will Hampton, Communications Director, and Rod Hampton, Police Department made the staff presentation. The Police Department has been working on an update to the City's existing animal control ordinance for more than a year. The current ordinance does little to help citizens with neighbors who are irresponsible pet owners. Problems include"backyard breeders" causing noise and odor complaints; dogs, sometimes in packs, running at large attacking people; and people who own multiple unvaccinated, un-spayed or un-neutered cats that can spread disease and contribute to our overpopulation of feral cats. From this summer through October, a series of public meetings were conducted with residents to discuss these problems and possible solutions. Input gained from these meetings was used to produce a final set of proposed changes. The proposed ordinance changes place limits on the number of fowl that may be kept within city limits, and the numbers of other allowable livestock are more clearly defined. In addition, these • changes clarify the leash law (particularly regarding tied-out animals) as well as sanitation, noise, cruelty, animal care/safety, and dangerous animal provisions. The proposed changes also update the ordinance to reflect changes in Texas law. Adopting the proposed ordinance changes will reflect changes in state law and allow the City to better address situations resulting from irresponsible pet ownership. These changes will also improve the Police Department Animal Control Unit's ability to perform its functions. Mayor Maxwell opened the public hearing. Kelsey Miscoe, 604 Parkview Drive, expressed her concerns regarding the limitations of fowl. Christopher Hunt, 612 Lime Rock Drive, expressed his concern regarding the limitations on fowl. He also thanked staff and Council for all of their effort and time spent revising this • ordinance. Carl Fork, 501 S. Lake Creek Drive, informed the Council that he was very impressed with the ordinance. Mr. Fork did suggest that the ordinance could also address the compliance of registration and tags for animals in the City. He would also like to see the ordinance provide funding for education of employees and citizens regarding the ordinance. I NOVEMBER 25, 2003 Jo Brownell-Watson, 2111 Logan Drive, expressed her concern about the amount of noise that occurs when a multiple amount of large dogs are kept in residential backyards. There being no further 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 b one motion. There was no separate discussion of these items and there were no • Y p items removed from the consent agenda. *11.D.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 Gulf Way. (Second Reading) *12.C.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Agreement for Engineering Services with Rodriguez &Huggins, Inc. to complete Phase I and provide inspection services for A.W. Grimes Boulevard, and to complete the design of Phase 1I for A.W. Grimes Boulevard. *12.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Consulting Services for Construction Materials Inspection • and Testing Services with Professional Service Industries, Inc. for the PARD Yardsite. *12.D.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Standard Form of Agreement Between Owner and Architect with Spencer Godfrey Architects for the design and construction phase for the Senior Activity Center and Parking Garage. *12.D.3. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Ballou Construction Co., Inc. for the Street Maintenance Program Phase 2/1\4icrosurfacing- 2003 Project. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Pitt seconded the motion. VOTE: Ma Ayes: or Pro-tem Nielson • Y Y Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ORDINANCES: NOVEMBER 25,2003 1 LA.1. Consider an ordinance amending Chapter 2, Animal Control, of the Round Rock Code of Ordinances (1995 Edition). (First Reading) A presentation and public hearing was held earlier in the meeting for this item. Staff recommended adoption of the proposed ordinance to reflect changes in state law and allow the City to better address situations resulting from irresponsible pet ownership. These changes will also improve the Police Department Animal. • Control Unit's ability to p perform its functions. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ANIMAL CONTROL, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CITY; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance with the amendment that the effective date of the ordinance is February 1, 2004. 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 and Councilmember McGraw excused themselves from the remainder of the meeting. Mayor Pro-tem Nielson chaired the remainder of the meeting. 113.1. Consider an ordinance rezoning 11.74 acres of land from District SF-2 (Single Family-Standard Lot) to District PF (Public Facilities). (Westside Church of Christ of Williamson County, Inc.) (First Reading) A presentation and public hearing were 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 11.74 ACRES OF LAND,MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY,ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT)TO DISTRICT PF (PUBLIC FACILITIES). MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Knight 8 NOVEMBER 25,2003 Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Councilmember McGraw Mayor Maxwell 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 Councilmembersresent and to adopt the • p p ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Councilmember McGraw Mayor Maxwell ACTION: The motion carried unanimously. 11.0.1. Consider an ordinance approving and adopting a budget for the Municipal Court Fund for Fiscal Year 2003-2004. (First Reading) Cindy Demers, Finance Director made the staff presentation. This fund is divided into three sections, Child Safety fees, Court Security fees, and Court Technology fees. All of the fees are collected on conviction of certain Municipal Court • offenses with expenditures that are defined by statute. Adoption of the annual budget allows staff to implement plans for enhancing the safety of children, technology of processing cases, and creating a security plan for the courtroom. These funds will create safer school zones for student pedestrians, support upgrades in Municipal Court Technology, and strengthen security during court sessions. Following is the budget for the Municipal Court Fund. Description of Item 03-04 Proposed Budget Available Balance $126,034. Municipal Court Child Safety Funds . Revenues: Child Safety Fines 6,000 Child Safety Fines Interest Income 203 Sub Total 6,203 Expenditures: School Crosswalk Upgrades 26,000 • Sub Total 26,000 Municipal Court Technology Funds REVENUES: Technology Fees 30,000 Technology Fees Interest Income 779 Sub Total 30,779 Expenditures: Program Hardware 52,000 Program Software 30,000 Maintenance 10,000 Training Expenses 15,000 NOVEMBER 25,2003 Sub Total 107,000 Municipal Court Building Security Funds Revenues: Security Fees 23,000 Security Fees Interest Income 508 Sub Total 23,508 Expenditures: Transfer to General Fund-Security Services 40,000 Equipment/Supplies 5,000 • Sub Total 45,000 Est. Municipal Court Child Safety Fund Balance 540 Est. Municipal Court Technology Fund Balance 1,656 Est. Municipal Court Bldg. Security Fund Balance 6,328 Estimated Total at 9/30/03 $8,524 ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND FOR THE 2003-2004 FISCAL YEAR. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None • Absent: Councilmember McGraw Mayor Maxwell ACTION: The motion carried unanimously. 11.C.2. Consider an ordinance approving and adopting a budget for the Brown Fund for Fiscal Year 2003-2004. (First Reading) Paul Connor,Police Chief made the staff presentation. This fund is a grant funded by the Brown Foundation. The Brown Foundation provides support for child abuse prevention programs. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE BROWN FOUNDATION FUND FOR THE 2003-2004 FISCAL YEAR. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Rhode seconded the motion. • VOTE: Ayes: Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Councilmember McGraw Mayor Maxwell ACTION: The motion carried unanimously. 10 NOVEMBER 25, 2003 11.C.3. Consider an ordinance approving and adopting a budget for the Law Enforcement Fund for Fiscal Year 2003-2004. (Second Reading) Paul Conner,Police Chief 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 as a result of criminal activity. This program targets property,monies, and holdings gained through thecommission of state or federal felonies or used in the commission of those felonies. The City participates in sharing programs with the U.S. Drug Enforcement Agency, the Federal Bureau of Investigation, and the U.S. Treasury Department. Through these programs, the City receives all vehicles, and 80 percent of all the cash and proceeds from property sales-which are shared equally with other local agencies involved in the seizure. The state program is based on a written agreement with the District Attorney's office; as a result of this agreement, the City receives (a) all seized vehicles valued at$1,000 or more, (b) 50 percent of cash after the first $500, and(c) 50 percent of proceeds from the sale of seized property after the first$5,000. 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 Pitt • seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Councilmember McGraw Mayor Maxwell ACTION: The motion carried unanimously. I LCA. Consider an ordinance approving and adopting the Forest Creek Golf Course Capital Budget for Fiscal Year 2003-2004. (Second 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. There have been no changes since the first reading of the ordinance. ORDINANCE NO. NOVEMBER 25,2003 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FOREST CREEK GOLF COURSE FOR FISCAL YEAR 2003-2004. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Pitt • Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Councilmember McGraw Mayor Maxwell ACTION: The motion carried unanimously. 11.C.5. Consider an ordinance approving and adopting a budget for the Parks Improvement and Acquisition Fund for Fiscal Year 2003-2004. (Second 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. There have been no changes since the first reading of the ordinance. • ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE PARKS IMPROVEMENT AND ACQUISITION FUND FOR THE 2003-2004 FISCAL YEAR. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Councilmember McGraw Mayor Maxwell ACTION: The motion carried unanimously. l l.C.6. Consider an ordinance approving and adoptingabudget for the Ron Sproull • Memorial Fund for Fiscal Year 2003-2004. (First Reading) Sharon Prete,Parks and Recreation Director made the staff presentation. Harriet Sproull donated$100,000 to be used for the development/maintenance of Round Rock Memorial Park with the stipulation that the principal never be spent. This was done in memory of her husband,Ron Sproull. This resource has helped provide additional maintenance services during high periods. ORDINANCE NO. 12 NOVEMBER 25, 2003 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE RON'SPROULL MEMORIAL FUND FOR THE 2003-2004 FISCAL YEAR. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Councilmember McGraw Mayor Maxwell ACTION: The motion carried unanimously.. *11.D.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 Gulf Way. (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 GULF WAY DRIVE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 1 LE-.1. Consider an ordinance amending Chapter 6, Section 6.304, 6.307, 6.308 and • adding Subsection 6.309 to the Round Rock Code of Ordinances (1995 Edition)updating the regulations for constructing and maintaining public and private water wells within the City. (First Reading) Tom Clark,Utilities Director made the staff presentation. This City ordinance regulates construction of public and private water wells within the city limits to ensure protection of the city's well water supplies. The ordinance was last updated in August 2002 to make it current with state statutes pertaining to public water wells. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.304, 6.307, 6.308 AND ADDING SUBSECTION 6.309, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO DISTINGUISH BETWEEN THE DIFFERENT REGULATIONS APPLICABLE FOR THE -LOCATION AND CONSTRUCTION OF PUBLIC AND PRIVATE WATER WELLS AND COMPLY WITH CURRENT STATE LAWS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Knight Co;�7i­61,'Imember Rhode Cc-i r:ih..ember Coe Mw-:- ?ro-tem Nielson Nays: None NOVEMBER 25, 2003 Absent: Councilmember McGraw Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent ctf all-the Councilmembers present and to adopt the ordinance. Councilmember Knight seconded the motion. aVOTE: Ayes: Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Councilmember McGraw Mayor Maxwell ACTION: The motion carried unanimously. 11.E.2. Consider an ordinance amending Chapter 10, Section 10.600 of the Round Rock Code of Ordinances (1995 Edition) to amend the environmental services fees. (First Reading) Tom Clark,Utilities Director made the staff presentation. The City's Industrial Pretreatment Program was updated in August of 2003 to incorporate recent changes to State regulations that govern local industries. The Rate Study, completed by Black and Veatch,recommended increasing fees to recover actual costs reported in the study. This ordinance will increase wastewater surcharge rates to applicable discharging businesses from$.27 per pound to $ 0.298 per pound. This is necessary to recover wastewater treatment costs and the administration cost of the program as recommended by the recent Water and Wastewater Cost of Service and Rate Design Study. Other changes include establishing a fee for appointment based household hazardous waste drop off and analytical fees for requested laboratory analysis. There are currently approximately 130 local businesses that could be impacted if discharges of BOD or TSS exceed the 250 mg/l. The City will recover actual cost to perform these services. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 10, SECTION 10.600 ENVIRONMENTAL SERVICES FEES; AND 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: Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None 14 NO-jEMBER 25, 2003 Absent: Councilmember McGraw Mayor Maxwell ACTION: The motion carried unanimously. RESOLUTIONS: 12.A.1. Consider a resolution casting votes for the Williamson County Appraisal District Board of Directors. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. The Williamson County Appraisal District • p ty pp tract Board of Directors (WCAD) is responsible for appraising property in the county at its market value for purposes of property taxation. The five-member board serves a 2-year, unpaid term, and sets policies for the WCAD and hires the Chief Appraiser. The board also approves the WCAD annual budget, which is funded by the taxing entities in the county. The City of Round Rock is allocated 155 votes, which it may apply, to one or various board candidates. Staff recommended that Round Rock's 155 votes be applied to Bob Tagge. RESOLUTION NO. WHEREAS, § 6.03(k) Texas Property Tax Code provides for the governing body of each taxing unit to cast votes for individuals nominated for the Williamson County Appraisal District Board of Directors, and WHEREAS, the City of Round Rock is entitled to 155 votes which may be cast for individuals nominated for the Board of Directors, and • WHEREAS, the City Council wishes to cast its 155 votes as set forth below, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Council hereby casts its votes as follows: 1. Harry Gibbs 0 votes 2. Leslie Hill 0 votes 3. Deborah Hunt 0 votes 4. Brig Mireles 0 votes 5. Don Paull 0 votes 6. Robert Tagge 155 votes The City Council hereby finds and declares that written notice of the date,hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 November, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None . � 5 NOVEMBER.25,'2003 Absent: Councilmember McGraw Mayor Maxwell ACTION: The motion carried unanimously. 12.B.1. Consider a resolution authoriziniz the Mayor to execute an Agreement for Consulting Services—Advanced Benefits Solutions Agreement with Watson Wyatt& Company. Teresa Bledsoe,Human Resources Director made the staff presentation. Watson Wyatt& • Company(WWW) currently provides professional consulting services to the City for insurance advisory consulting, and insurance reporting information. A review and analysis of the City's current health and supplementary benefit plans were also conducted. The total.cost of this agreement is $81,000 plus expenses not to exceed$90,000. WWW has agreed that amount will not exceed actual cost of service provided plus expenses. The information presented by WWW will provide guidance in developing plan designs, cost curtailment, vendor management and other information for managing our health plan. This agreement maintains a formal agent-of- record whose general focus is to make every effort to minimize the cost of the City's employee benefit program without sacrificing the quality of the plan. This agreement enables the City to: • Take a more strategic approach to managing the benefits programs • Improve cost management and employee satisfaction with the benefit programs • • Allow for ease and fluidity of future changes/modifications to the benefit program • Access pertinent information impacting employee benefits • Reduce burden for administrative and operational staff regarding benefit programs. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services regarding the City's benefit plans, and WHEREAS, Watson Wyatt & Company has submitted an Agreement for Consulting Services -Advanced Benefits Solutions Agreement("Agreement") to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Watson Wyatt & Company,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services - Advanced Benefits Solutions Agreement with Watson Wyatt & Company regarding the City's benefit plans, 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 November, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock,Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Rhode seconded the motion. 16 NOVEMBER 25,2003 VOTE: Ayes: Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson Nays: None Absent: Councilmember McGraw Mayor Maxwell ACTION: The motion carried unanimously. *12.C.1. Consider a resolution authorizing the Mayor to execute Supplemental • Agreement No. 3 to the Agreement for Engineering Services with Rodriguez &Huggins, Inc. to complete Phase I and provide inspection services for A.W. Grimes Boulevard, and to complete the design of Phase II for A.W. Grimes Boulevard. 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 Rodriguez Transportation Group, Inc. to complete Phase I and provide inspection services for A.W. Grimes Boulevard, and to complete the design of Phase II for A.W. Grimes Boulevard, and WHEREAS, Rodriguez Transportation Group, Inc. has submitted Supplemental Agreement No. 3 to the Agreement for a change in the scope of services and to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 to the Agreement with Rodriguez Transportation Group, Inc.,Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 3 to the Agreement with Rodriguez Transportation Group, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law-at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of November, 2003. *12.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Consulting Services for Construction Materials Inspection and Testing Services with Professional Service Industries, Inc. for the PARD Yardsite. 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 for Construction Materials Inspection and Testing Services with Professional Services Industries, Inc. for the Parks and Recreation Department service yardsite, and WHEREAS, Professional Services Industries, Inc. has submitted Supplemental Agreement No. 1 to the Agreement to extend the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 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 Supplemental Agreement No. 1 to the Agreement for Consulting Services for Construction 117 NOVEMBER 25,2003 Materials Inspection and Testing Services with Professional Services Industries, Inc. for the Parks and Recreation Department service yardsite, 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 November, 2003. 12.D.2. Consider a resolution authorizing the Moor to execute Supplemental Agreement No. 2 to the Standard Form of Agreement Between Owner and Architect with Spencer Godfrey Architects for the design and construction phase for the Senior Activity Center and Parking Garage. 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 Spencer Godfrey, Inc. for the design and construction phase for the Senior Activity Center and Parking Garage, and WHEREAS, Spencer Godfrey, 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 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 • Supplemental Agreement No. 2 with Spencer Godfrey, 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 November, 2003. *12.D.3. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Ballou Construction Co., Inc. for the Street Maintenance Program Phase 2/Microsurfacing- 2003 Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Ballou Construction Co., Inc. for the Street Maintenance Program Phase 2/Micro-Surfacing 2003 Project, and .., WHEREAS, the Council has determined that it is necessary to make changes to the • quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 1,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 1 to the Contract with Ballou Construction Co., Inc. for the Street Maintenance Program Phase 2/Micro-Surfacing 2003' Project, a copy of said change order being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the 1 NOVEMBER 25, 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 25th day of November,2003. 13.A. Consider 3 appointments to the Round Rock Transportation System Development Corporation. One of the positions needs to be held by a Councilmember, and two-by Round Rock residents. This seven-member Boatd develops a combined Transportation Capital Improvement Program(T IP), and approved by the City Council. The Board reviews and • updates the TCIP once a year; make an annual report to the City Council reviewing the accomplishments of the Board; and be accountable to the City Council for all activities undertaken by the Board. Mayor Pro-tem Nielson opened the floor for nominations. Councilmember Coe, Susan Moss, Ruth Koughan, Carol Hearn, and Larry Quick were nominated. MOTION: Councilmember Pitt moved that nominations cease. Councilmember.Coe seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson • Nays: None Absent: Councilmember McGraw Mayor Maxwell ACTION: The motion carried unanimously. Following are the results from a poll of the Council for the appointments. Councilmember Coe 5 votes. appointed Susan Moss 4 votes appointed Ruth Koughan 5 votes appointed Carol Hearn 0 votes Larry Quick 1 vote COUNCIL COMMENTS: None. ADJOURNMENT: There being no further business, the meeting adjourned at 8:11 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary - 1 .9 DECEMBER 4,2003 The Round Rock City Council met in Regular Session on Thursday, December 4, 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 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: None. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *6.A. Consider approval of the City Council minutes for the November 13, 2003 Regular Session. • *73.1. Consider an ordinance amending Chapter 2 Animal Control of the Round Rock Code of Ordinances (1995 Edition). (Second Reading) *7.D.1. Consider an ordinance amending Chapter 10, Section 10.600 of the Round Rock Code of Ordinances (1995 Edition)to amend the environmental services fees. (Second Reading) MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. 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. *6.A. Consider approval of the City Council minutes for the November 13, 2003 Regular Session. This item was approved under the consent agenda. ORDINANCES: 7.A.1. Consider an ordinance amending the zoning of two tracts of land containing 1.795 acres and 14.586 acres (Rainbow Park Tract)to include the PV (Palm Valley Overlay)District. 2 .0 DECEMBER 4,2003 (First Reading) Joe Vining, Planning and Community Development Director made the staff presentation. These tracts lie immediately north of U.S. 79 and east and west of County Road 122. On December 5, 2002, these tracts were proposed to be zoned'C-1 (General Commercial) with Palm Valley Overlay district zoning. The ordinance prepared for the zoning application inadvertently omitted the language adopting the Palm Valley Overlay district. With City Council • adoption,the tracts were zoned C-1 only. With the adoption of this ordinance, the tracts will be zoned C-1 (General Commercial)with Palm Valley Overlay district zoning. The Planning and Zoning Commission held two public hearings on August 28, 2002, and September 30, 2002, respectively and recommended original zoning of C-1 (General Commercial)with Palm Valley Overlay district zoning for these tracts. The City Council held an additional public hearing on December 5, 2002. All public hearings,presentations and required public notices accurately described the zoning proposal to be for C-1 (General Commercial) with Palm Valley Overlay district zoning. The Palm Valley Overlay zoning district includes development and design standards greater than those included in the C-1 (General Commercial) zoning district. These standards establish and preserve the unique characteristics of the Palm Valley area, and to implement the design goals of the Palm Valle Plan. p �g Y 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 INCLUDE THE PV (PALM VALLEY OVERLAY) DISTRICT WHICH WAS OMITTED ON THE ORIGINAL ZONING OF 16.381 ACRES OF LAND, MORE OR LESS, OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AND ZONE AS DISTRICT C-1-PV (GENERAL COMMERCIAL WITH THE PALM VALLEY OVERLAY DISTRICT). 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 Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 21 DECEMBER 4,2003 MOTION: Councihnember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Couincilmembers present and to adopt the ordinance. Councihnember Rhode 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. *7.B.1. Consider an ordinance amending Chapter 2,Animal Control, of the Round Rock Code of Ordinances (1995 Edition). (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ANIMAL CONTROL, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CITY; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. • 7.C.1. Consider an ordinance approving and adopting a budget for the Municipal Court Fund for Fiscal Year 2003-2004. (Second Reading) Cindy Demers,Finance Director made the staff presentation. This fund is divided into three sections, Child Safety fees, Court Security fees, and Court Technology fees. All of the fees are collected on conviction of certain Municipal Court offenses with expenditures that are defined by statute. There have been no changes since the first reading of the ordinance. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND FOR THE 2003-2004 FISCAL YEAR. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. • VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councihmemb?r Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 22 DECEMBER 4, 2003 7.C.2. Consider an ordinance approving and adopting a budget for the Brown Fund for Fiscal Year 2003-2004. (Second Reading) Cindy Demers, Finance Director made the staff presentation. This fund is a grant funded by the Brown Foundation. The Brown Foundation provides support for child abuse prevention programs. There have been no changes since the first reading of the ordinance. • ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE BROWN FOUNDATION FUND FOR THE 2003-2004 FISCAL YEAR. MOTION: Councilmember Knight moved to adopt the ordinance. 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. 7.C.3. Consider an ordinance approving and adopting a budget for the Ron Sproull • Memorial Fund for Fiscal Year 2003-2004. (Second Reading) Sharon Prete, Parks and Recreation Director made the staff presentation. Harriet Sproull donated$100,000 to be used for the development/maintenance of Round Rock Memorial Park with the stipulation that the principal never be spent. This was done in memory of her husband, Ron Sproull. There have been no changes since the first reading of the ordinance. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE RON SPROULL MEMORIAL FUND FOR THE 2003-2004 FISCAL YEAR. MOTION: Councilmember Rhode moved to adopt the ordinance. 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. 23 DECEMBER 4,2003 *7.D.1. Consider an ordinance amending Chapter 10, Section 10.600 of the Round Rock Code of Ordinances (1995 Edition)to amend the environmental services fees. (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 10, SECTION 10.600 ENVIRONMENTAL SERVICES FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: 8.A.1. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the Round Rock Volunteer Center. Cindy Demers,Finance Director made the staff presentation. City staff and the local area United Way participated in a joint process to receive and evaluate funding requests from social service agencies. Funding has been established in the current year operating budget for this agency. This agreement outlines the terms and conditions for the current year funding. The total cost of this agreement is $35,000.00. Pat Patterson and Janice Heath, of the Volunteer Center were present to answer questions. • 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 Round Rock Volunteer Center, a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide leadership, initiative, and support for volunteer efforts in the Round Rock community, and WHEREAS, the City Council desires to enter into a Funding Agreement with the Agency,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 4th day of December, 2003. • NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R, MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember McGraw �2 :4 DECEMBER 4, 2003 Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 8.B.1. Consider a resolution authorizing the City Manager to issue purchase orders to • � Dooley Tackabegy Fire &Rescue Equipment, Fire Supply, Inc., Municipal Emergency Services, and NAFECO, Inc. for the purchase of fire equipment for Fire Engine No. 6. Lynn Bizzell, Fire Chief made the staff presentation. Staff recommended approval of these purchase orders to equip Fire Engine No. 6 that has been ordered and will be delivered in January/February 2004. The equipment is compatible and will be used to keep all engines as uniform as possible. All items have been tested and/or are currently in use by the department. The items recommended for purchase are the low bid and/or meet specifications written by the equipment team. The Akron nozzles were selected to maintain standardization; in addition, Akron repair parts are currently on hand and the Firefighters are well familiarized with this type of Invitation For Bid sheet. On Tuesday,November 4, 2003 5 bids were received and opened for the fire equipment to be placed • on the new engine. The varied equipment was awardedto 4 of the 5 vendors winning different parts of the equipment list. Following is a list and cost of vendors recommended by staff. Dooley Tackaberry Fire&Rescue Equipment $12,636.15 Fire Supply, Inc. $ 9,833.30 Municipal Emergency Service $ 4,147.50 NAFECO, Inc. 4,117.00 Total: $30,733.95 RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of fire equipment to be carried on Fire Engine No. 6, and WHEREAS, the City Council .wishes to accept the bids of the suppliers for the fire equipment which are the lowest responsible bids as to specific types of equipment, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Dooley Tackaberry Fire & Rescue Equipment is hereby accepted as the lowest responsible bid for the equipment listed on Exhibit "A" and the City Manager is hereby. • authorized and directed to issue a purchase order in the amount of $12,636.15 for said equipment, and That the bid of Fire Supply, Inc. is hereby accepted as the lowest responsible bid for the equipment listed on Exhibit `B" and the City Manager is hereby authorized and directed to issue a purchase order in the amount of$9,833.30 for said equipment, and That the bid of Municipal Emergency Service is hereby accepted as the lowest responsible .bid for the equipment listed on Exhibit "C" and the City Manager is hereby authorized and directed to issue a purchase order in the amount of$4,147.50 for said equipment, and DECEMBER 4,2003 That the bid of NAFECO, Inc. is hereby accepted as the lowest responsible bid for the equipment listed on Exhibit"D" and the City Manager is hereby authorized and directed to issue a purchase order in the amount of$4,117.00 for said equipment. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open,to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 4th day of December, 2003. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. • 8.C.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Fisher Hagood,Inc. for the McNeil Corridor Enhancement Program. Tom Clark, Director of Utilities made the staff presentation. Fisher Hagood, Inc. was selected to provide engineering services for the McNeil Corridor Enhancement Program through the selection process developed for the 2001 Bond Fund Proposition. McNeil Road is different from the other corridors in this G. O. Bond program with the parallel railroad,business, industry, and residential neighborhoods along the right-of-way, therefore the project is being broken down into phases with this being the phase to replace existing small residential lot wood fences along the north side of McNeil Drive. The total cost of these Engineering Services is $ 49,979.12. A program will be developed to scope the needed improvements along this,-high traffic Corridor into the City • of Round Rock. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the McNeil Corridor Enhancement Program, and WHEREAS, Fisher Hagood, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Fisher Hagood; Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 2 :6 DECEMBER 4,2003 That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Fisher Hagood; Inc., for the McNeil Corridor Enhancement Program, 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 4th day of December, 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: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. • 8.C.2. Consider a resolution accepting the proposal of C.P. Snider Construction Co., Inc. for the construction of the Senior Activity Center. Larry Madsen, Construction Manager made the staff presentation. The City previously determined that"Competitive Sealed Proposal'is the delivery method,which provides the best value for the construction of the Senior Activity Center. The City advertised and received sixteen proposals from General Contractors. The review committee consisted of Bo Spencer of Spencer Godfrey Architects, James Hemenes, City PARD, and Gary Wilson and Larry Madsen of Public Works. After review and grading of the project criteria C.P. Snider Construction Co., Inc. was determined as the number one proposal. City Council approval would allow staff to start negotiating price and project scope with C.P. Snider Construction so that a contract could be brought back for council consideration. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously determined in Resolution No. R-03- 03-27-9G3 that "Competitive Sealed Proposal' is the delivery method which provides the best value for the City for construction of the Senior Activity Center to be built in conjunction with the Masterplan City Campus and District, and WHEREAS, the City has subsequently complied with all requirements of Texas Local Government Code, Section 271.116 entitled "Selecting Contractor for Construction Services Through Competitive Sealed Proposals", and 2 .7 DECEMBER 4, 2003 WHEREAS, the City has duly advertised for and received proposals from offerors, and it is the recommendation of City staff that Snider Construction Co., Inc. offers the best value for the City based on the published selection criteria and on the City's ranking evaluation, and WHEREAS, the City Council wishes to accept the recommendation of City staff, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Snider Construction Co., Inc. is hereby determiped to be the offeror which offers the best value for the City. • BE IT FURTHER RESOLVED That the City Manager is hereby authorized and directed to attempt to negotiate a contract with the.first selected offeror, Snider Construction Co., Inc., for the construction of the referenced Senior Activity Center. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 4th day of December, 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: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 8.D.1. Consider a resolution authorizing the Mayor to execute a Proposal with Cunningham Constructors &Associates, Inc. for equipment,materials and installation of the Southeast 16" Water Line Bypass Improvements: Tom Clark, Director of Utilities made the staff presentation. While attempting to remove the South East Ground Storage Tank from service for painting, it was discovered that due to existing water demands in the southeast quadrant of the City'swater distribution system, severe water shortages would occur if the pump station were to • become inoperable. In order to correct this and deliver adequate water pressure and fire flows to P q this area of town the proposed by-pass line is required. If the southeast ground tank and pump station were to become disabled for any reason,we would lose the ability to provide adequate fire flows to the southeast quadrant of our water distribution system within eight hours. The timely completion of these improvements is critical to the public health, safety and welfare. Therefore, proposals were requested from three firms that had successfully completed similar projects for 28 DECEMBER 4, 2003 the City. The lowest responsible proposal was from Cunningham Constructors &Associates, Inc. The total cost for the agreement is $38,951.00. RESOLUTION NO. WHEREAS, it has been determined by the City's engineering staff that it is necessary to install a 16"by-pass water line at the City's South Creek Pump Station,.and WHEREAS, the City Council hereby determines that the installation of said water line is • necessary to preserve or protect the public health or safety of the City's residents, and therefore falls within an exception of the State's bidding requirements, and WHEREAS, Cunningham Constructors Associates, Inc. has submitted a Proposal to provide said services, and WHEREAS, the City Council desires to accept .said Proposal from Cunningham Constructors Associates, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Proposal from Cunningham Constructors Associates, 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 4th day of December, 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: 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: None. ADJOURNMENT: There being no further business, the meeting adjourned at 7:30 p.m. Re �e tfully Submitted, Christine R. Martinez, City Secretary 29 DECEMBER 18,2003 The Round Rock City Council met Regular Session on Thursday,December 18, 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 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 due to illness. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Mike Hemker,Parks and Recreation Department, introduced Taylor�Ramirez and Lauren Frazier who are finalists in the National Football League "Punt Pass and Kick"championship. The NFL's annual punt, pass and kick competition pits competitors at the local,then regional and then team levels to calculate national finishers.National finalists are calculated by each participant's performance at the team competition. Lauren Frazier is currently in ninth place in the 12-13 year old age group and Taylor Ramirez is in second place in the 8-9 year old age • group. Both girls are Round Rock residents and represented the community extremely well. Emsud Horozovic,Forestry Manager,reported that on Saturday, December 27, 2003 and Saturday, January.3, 2004,between 9 AM and 6 PM Round Rock residents candrop off their Christmas trees for recycling at City's Recycle Center. The first 500 residents who bring in their trees for recycling will receive a free Afghan(Eldarica)pine seedling. The trees that are brought in will be shredded.into,a fine usable mulch which will be made available free of charge to Round Rock residents. PUBLIC HEARINGS: 5.A.1. Consider public testimony concerning the City of Round Rock 2002-2003 Consolidated Annual Performance Evaluation(CAPER) as required by HUD. Joe Vining, • Planning and Community Development Director made the staff presentation. The CAPER is a performance report on how the City has used the Community Development Block Grant funds during the year. This report,required by the Department of Housing and Urban Development (HUD), is due by the end of the calendar year. The 2002-03 Consolidated Annual Performance Evaluation(CAPER) as required by HUD_(1) Provides accountability to the public by describing successes in meeting objectives stipulated in the Five Year Consolidated Plan, (2) Provides information necessary for HUD's Annual Report to Congress, and (3) Provides 30 DECEMBER 18,2003 necessary information for HUD to meet its statutory requirement to assess Round Rock's ability to carry out relevant programs in compliance with all applicable rules and regulations. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no • items were removed from the consent agenda. *7.A. Consider approval of the City Council minutes for the Regular Sessions of November 25, 2003 and December 4, 2003. *8.B.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Mildred Kinnard for the purchase of right-of-way for the Downtown Streets Improvements Project. *8.B.2. Consider a resolution authorizing the Mavor to execute a Real Estate Contract with PK Dadv Asset Trust,Philip K. Dadv, Executive Trustee for the purchase of right-of-way for the Downtown Streets Improvements Proi ect. *8.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 6 to the Agreement for Engineering Services with Carter&Burgess, Inc. for improvements • to US 79 from FM 1460 to CR 195. *8.E.2. Consider a resolution authorizing the Mavor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Huggins/Seiler &Associates, L.P. for planning_preliminary design,plan preparations, traffic simulation/modeling and other associated tasks and services. *8.E.3. Consider a resolution authorizing the Mayor to executl- Supplemental Agreement No. 1 to the Agreement for Engineering Services with Rodriguez Transportation Group, Inc. for preliminary schematic design for the Chisholm Trail and Parkway Extension. *82.4. Consider a resolution authorizing the Mayor to execute Change Order No. 13 with Austin Filter Systems, Inc. for roadway improvements to Dell Way, Dell Center Boulevard, • and Gattis School Road. *8.F.1. Consider a resolution authorizing the Mayor to terminate the Agreement for Engineering Services with K.C. Engineering, Inc. for the G.O. Bond Citywide Sidewalks, Segment 1 Project. 31 DECEMBER 18,2003 *8.G.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with HDR Engineering, Inc. for the South Creek Pressure Improvements Proiect. *8.G.2. Consider a resolution authorizing the Mayor to execute a contract with Fillip Construction Company, Inc. for the Deerfoot Drive 8-inch Water Line Improvements. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. 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. APPROVAL OF MINUTES: *7.A. Consider approval of the City Council minutes for the Regular Sessions of November 25, 2003 and December 4, 2003. This item was approved under the consent agenda. RESOLUTIONS: • 8.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Sadie Wall, individually, and as Executrix of the Estate of Oscar M. Wall for the purchase of property for parkland. Councilmember Coe disclosed that he has submitted a letter that notes he will not participate in the discussion and will abstain on the vote for this item due to a conflict of interest.. Jim Nuse, City Manager made the staff presentation. This 75-acre tract is adjacent to Old Settlers Park at Palm Valley. Its development will enhance the existing park, as well as, cost- effectively utilize existing park infrastructure. The cost of this tract is $25,000 an acre for a total cost of the 75.874 acres being$1,896,850. RESOLUTION NO. • WHEREAS, the City desires to purchase a 75.874 acre tract of land for additional parkland, and WHEREAS, Sadie Wall, individually, and as Executrix of the Estate of Oscar M. Wall, 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 Sadie Wall, individually, and as Executrix of the Estate of Oscar M. Wall, 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 32 DECEMBER 18, 2003 the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 18th day of December, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Abstain: Councilmember Coe Absent: Mayor Pro-tem Nielson ACTION: The motion carried with 5 ayes and 1 abstention. *8.B.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Mildred Kinnard for the purchase of right-of-way for the Downtown Streets Improvements Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.015 acre tract of land for additional right-of- • way for the Downtown Streets Improvements Project, and WHEREAS, Mildred Kinnard, 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 Mildred Kinnard, 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 18th day of December, 2003. *8.B.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with PK Dady Asset Trust, Philip K. Dady, Executive Trustee for the purchase of right-of--way for the Downtown Streets Improvements Project. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City desires to purchase a 0.030 acre tract of land for additional right-of- way for the Downtown Streets Improvements Project, and WHEREAS, PK Dady Asset Trust, Philip K. Dady, Executive Trustee, 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 PK Dady Asset Trust, Philip K. Dady, Executive Trustee, for the 3 l3 DECEMBER 18,2003 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 18th day of December, 2003. • 8.C.1. Consider a resolution authorizing the Mayor to waive the 2003 Payment in Lieu of Taxes (PILOT) fee for the Round Rock Housing Authority. Joe Vining, Planning and Community Development Director made the staff presentation. Under the constitution and statutes of the State of Texas, all public housing authorities are exempt from all real and personal property taxes and special assessments as long as a public body or governmental agency owns them. Instead, annual payments (payments in lieu of taxes (PILOT)) are made for public services and facilities. This payment is equal to 10% of the rent collected by the housing authority and is distributed between the taxing entities. In accordance with the Community Services Agreement between the Round Rock Housing Authority and the City(October 4, 1973), PILOT payments can be waived when the housing authority incurs expenses for operating its Community Center(s). The Housing Authority operates and maintains the Community Centers • located at Lancehaven, Westwood, and Cushing. The total cost is $11,085.25. RESOLUTION NO. WHEREAS, on December 1, 1966, the City of Round Rock ("City") entered into a Cooperation Agreement with the Round Rock Housing Authority ("RRHA"), said agreement being amended and restated by a new Cooperation Agreement dated July 27, 1995 (collectively, "Cooperation Agreement"); and WHEREAS, the City of Round Rock ("City") and the Round Rock Housing Authority ("RRHA") entered into a Community Services Agreement on October 4, 1973 ("Community Services Agreement"); and WHEREAS, the Community Services Agreement allows for the deduction of expenditures from the payment in lieu of taxes ("PILOT") due under the Cooperation Agreement; and WHEREAS, the expenditures incurred by RRHA equal or exceed the PILOT due; and WHEREAS, RRHA submitted to the City an amount of$11,085.25 for the PILOT due; and WHEREAS, the City wishes to waive the PILOT due for this fiscal year,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the PILOT due from RRHA to the City is waived,for this fiscal year and the amount of$11,085.25 shall be returned to RRHA for expenditures incurred. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 18th day of December, 2003. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary ;3 4 DECEMBER 18, 2003 MOTION: Councilmember Pitt 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. 8.D.1. Consider a resolution authorizing City staff to participate in the joint preparation of a bid submittal to host the 2006 and 2007 Games of Texas. Sharon Prete, Parks and Recreation Director made the staff presentation. The City has been a member city of the Texas Amateur Athletic Federation(TAAF) for approximately 25 years. Through membership in this organization, league teams (youth and adult)have had the opportunities to participate in regional and state competitions. Annually TAAF sponsors the Games of Texas, an Olympic type event offering a variety of sporting events for youth and adults. Parks and Recreation Departments throughout the state bid to host this event. Brushy Creek, Cedar Park, Fern Bluff, Georgetown, Leander, Round Rock and Williamson County Parks and Recreation Departments are banning • together to submit a bid to host the 2006 and 2007 Games of Texas. This event will bring approximately 8,000-10,000 athletes, from across the state, to southern Williamson County over a one-week period. The total cost is $25,000 for both years if the City is awarded the Games of Texas. RESOLUTION NO. WHEREAS, the Parks and Recreation Departments of Brushy Creek, Cedar Park, Fern Bluff, Georgetown, Leander, Round Rock, and Williamson County want to join together to host the 2006 and 2007 Games of Texas, and WHEREAS, this event will draw 8,000 to 10,000 youth and adult athletes, from around the state, to participate in approximately 15 sporting events over a one week period, and WHEREAS, tourism is important to the local and regional economy and the Games of Texas will have a significant economic impact upon the participating communities, estimated to be $7 million to $10 million, and WHEREAS, prospective bids must be submitted to the Executive Board, at the January meeting, of the Texas Amateur Athletic Federation(TAAF),Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the City Council hereby authorizes staff to join the representatives from Brushy Creek, Cedar Park, Fern Bluff, Georgetown, Leander and Williamson County in jointly preparing a bid submittal to host the 2006 and 2007 Games of Texas. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 18th day of December, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas 35 DECEMBER 18, 2003 CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Rhode 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. 8.D.2. Consider a resolution approving the Tourism Development&Marketing Plan developed by Destination Development, Inc. Sharon Prete,Parks and Recreation Director made the staff presentation. Destination Development Inc. was hired in June to help the Chamber, local tourism industry and City develop a long-range plan,based upon the consultant expertise, local input and existing and future funding potential. Roger Brooks of Destination Development Inc. gave his report to the Council on November 25, 2003. The plan will provide the City with an implementation strategy that will serve as our guide for the next 8-10 years. A commitment to • improving and focusing upon tourism opportunities will have a positive economic impact on the Round Rock community. 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 prepared a Tourism Development & Marketing Plan("Plan"), and WHEREAS,the City Council desires to approve said Plan,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Tourism Development&Marketing Plan prepared and submitted by Destination Development, Inc. 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 18th day of December, 2003. • NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight 36 DECEMBER 18, 2003 Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. *8.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 6 to the Agreement for Engineering Services with Carter&Burgess, Inc. for improvements • to US 79 from FM 1460 to CR 195. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with Carter & Burgess, Inc. for the preparation of plans, specifications, and estimates for 1.5 miles of US 79 from FM 1460 to CR 195, and WHEREAS, Carter & Burgess, Inc. has submitted Supplemental Agreement No. 6 to the Agreement for a change in the scope of services to include additional design work, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 6 to the Agreement with Carter&Burgess, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 6 to the Agreement with Carter & Burgess, 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 18th day of December, 2003. *8.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Huggins/Seiler &Associates, L.P. for planning,preliminary design,plan preparations, traffic simulation/modeling and other associated tasks and services. 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 Huggins/Seiler & Associates, L.P. for planning, preliminary design, plan preparations, traffic simulation/modeling and other associated tasks and services, and WHEREAS, Huggins/Seiler & Associates, L.P. has submitted Supplemental Agreement No. 1 to the Agreement to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 to the Agreement with Huggins/Seiler&Associates, L.P.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City • Supplemental Agreement No. 1 to the Agreement with Huggins/Seiler &Associates, L.P., 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 18th day of December, 2003. *8.E.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Rodriguez Transportation Group Inc for 37 DECEMBER 18,2003 The Round Rock City Council met Regular Session on Thursday,December 18, 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 Nyle Maxwell, Council m er Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmemb ott ode and Councilmember Gary Coe. Mayor Pro-tem Tom Nielson was abseinesIso present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Mike Hemker,Parks and Recreation Department, introduced Tauren Frazier who are finalists in the National FootballLeague "Punt Pass anhip. The NFL's annual punt,pass and kick competition pits competit s,atnal and then team levels to calculate national finishers.National fin li calculated by each . participant's performance at the team competition. Lauren Frazi is currently in ninth place in the 12-13 year old age group and Taylor Ramirez is in s n place in the 8-9 year old age • group. Both girls are Round Rock residents and repres t e community extremely well. Emsud Horozovic,Forestry Manager,r e at on aturday,December 27, 2003 and Saturday, January 3, 2004,between 9 AM and Round Rock residents can drop off their Christmas trees for recycling at City's R cle enter. The first 500 residents who bring in their trees for recycling will receive a fre g (Eldarica)pine seedling. The trees that are brought in will be shredded into a fine us a 1 ch which will be made available free of charge to Round Rock residents. PUBLIC HEARINGS. 5.A.1. Consider b ' testimon concerning the City of Round Rock 2002-2003 Consolidated Annua er 4nce Evaluation CAPER as required.bHUD. Joe Vining, • Plannin nd C i velopment Director made the staff presentation. The CAPER is a perform ce re how the City has used the Community Development Block Grant funds during the year. his report,required by the Department of Housing and Urban Development (HUD), is du by the end of the calendar year. The 2002-03 Consolidated Annual Performance Evaluatio (CAPER) as required by HUD (1) Provides accountability to the public by describing successes in meeting objectives stipulated in.the Five Year Consolidated Plan, (2) 1 Provides information necessary for HUD's Annual Report to Congress, and (3) Provides DECEMBER 18,2003 preliminary schematic design for the the Chisholm Trail and Parkway Extension 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 Rodriguez Transportation Group, Inc. for preliminary schematic design for the Chisholm Trail and Chisholm Parkway Extension Project, and WHEREAS, Rodriguez Transportation Group, Inc. has submitted Supplemental • Agreement No. 1 to the Agreement to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 to the Agreement with Rodriguez Transportation Group, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement with Rodriguez Transportation Group, Inc., a copy of same being attached hereto as Exhibit"A"and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,.hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 18th day of December, 2003. *8.E.4. Consider a resolution authorizing the Mayor to execute Change Order No. 13 with Austin Filter Systems, Inc. for roadway improvements to Dell Way, Dell Center Boulevard, and Gattis School Road. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Austin Filter Systems, Inc. for the construction of roadway improvements to Dell Way, Dell Center Boulevard, and Gattis School Road, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials,.equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 13,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 13 to the Contract with Austin Filter Systems, Inc., a copy of said change order being attached hereto as Exhibit"A"and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 18th day of December, 2003. 8.E.5. Consider a resolution authorizing the Mayor to execute a Pedestrian Bridge Agreement with Dell USA, L.P. for the Dell Pedestrian Bridge. Councilmember Rhode • disclosed that he will not be participating in the discussion and will abstain on the vote for this item and Item 8.E.6. due to a conflict of interest and has submitted the proper documentation. Tom Word, Chief of Public Works Operations, and Steve Sheets, City Attorney made the staff presentation. Dell pedestrians crossing on Greenlawn Boulevard at the mid-block crosswalk, and at other non-intersection locations are creating a significant safety hazard. Dell. has proposed constructing a pedestrian overpass at the mid-block location at their expense to 39 DECEMBER 18,2003 reduce the safety concerns for their employees. They will also construct a fence to direct pedestrians to the pedestrian overpass. The overpass will be available to the general public, and the City will maintain the structure upon completion. Dell will reimburse the City for structural engineering review costs. Additionally,they will pay the City$3,000 per year increasing at 3% per year for maintenance and other expenses incurred by the City in maintaining the pedestrian • bridge. In the agreement,Dell has agreed to pay certain amounts to the City for the City's agreement to maintain the project and to keep the project open to use by the public. A representative on behalf of Dell Computers gave a brief overview on the design of the bridge. Steve Sheets outlined the agreement. The cost will be an annual cost of$3,000 increasing at 3%per year. RESOLUTION NO. WHEREAS, Dell USA, L.P. ("Dell") is the owner of certain tracts of land abutting Greenlawn Boulevard right-of-way, and WHEREAS, the City of Round Rock ("City") owns the Greenlawn Boulevard right-of- way, and WHEREAS, Dell and the City propose to construct a pedestrian crossing bridge to be built on and over the Greenlawn Boulevard right-of-way, and WHEREAS, the City has agreed to keep the bridge open to use by the public, and Dell • has agreed to reimburse the City for maintenance of the bridge, and WHEREAS, the City and Dell wish to enter into a Pedestrian Bridge Agreement in regards to this matter,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Pedestrian Bridge Agreement with Dell USA, L.P., 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 18th day of December, 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 Coe Mayor Maxwell Nays: None Abstain: Councilmember Rhode Absent: Mayor Pro-tem Nielson ACTION: The motion carried with 5 ayes and 1 abstention. i 40 DECEMBER 18, 2003 8.E.6. Consider a resolution authorizing the Mavor to execute a Temporary Construction License with Dell USA, L.P. for the Dell Pedestrian Bridge. Steve Sheets, City Attorney made the staff presentation. Dell's proposal of constructing a pedestrian overpass at the mid-block location at their expense to reduce the safety concerns for their employees will require a temporary construction license. The Temporary Construction License will authorize Dell to construct the Pedestrian Bridge in the public right-of-way, and makes Dell liable for construction • g p safety and traffic handling issues. The structural review costs are estimated at $5,000. RESOLUTION NO. WHEREAS, Dell USA, L.P. ("Dell") is the owner of certain tracts of land abutting Greenlawn Boulevard right-of-way, and WHEREAS, the City of Round Rock ("City") owns the Greenlawn Boulevard right-of- way, and `' WHEREAS, Dell and the City propose to construct a pedestrian crossing bridge to be built on and over the Greenlawn Boulevard right-of-way, and I WHEREAS, in order to construct the bridge on and over the City right-of-way, Dell requires a temporary construction license, and WHEREAS, the City and Dell wish to enter into a Temporary Construction License, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Temporary Construction License with Dell USA, L.P., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The it Council hereby finds and declares that written notice of the date hour, lace City 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 18th day of December, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Abstain: Councilmember Rhode • Absent: Mayor Pro-tem Nielson ACTION: The motion carried with 5 ayes and 1.abstention. *8.F.1. Consider a resolution authorizingthe Mayor to terminate the Agreement for Engineering Services with K.C. Engineering, Inc. for the G.O. Bond Citywide Sidewalks Segment 1 Proiect. This item was approved under the consent agenda. RESOLUTION NO. 4L DECEMBER 18,2003 WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services and Supplemental Agreement No. 1 to the Agreement ("Agreement") with K. C. Engineering, Inc. for the G. O. Bond Citywide Sidewalks Project, Segment 1, and WHEREAS, due to a loss in personnel, K. C. Engineering, Inc. has been unable to respond to construction issues in the necessary time frame, and therefore has requested termination of the Agreement, and WHEREAS, Article 20, Section 1 of the Agreement allows for the termination of the Agreement by mutual consent of the parties, and WHEREAS, the City of Round Rock and K. C. Engineering now desire to terminate said • Agreement,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Agreement for Engineering Services, along with Supplemental Agreement No. 1 to the Agreement are hereby terminated. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 18th day of December, 2003. 8.17.2. Consider a resolution in support of Recommended Emission Reduction Measures for inclusion in the Austin/Round Rock Metropolitan Statistical Area CleanAir Action Plan. Michael Thane,Engineer made the staff presentation. On November 14, 2002, the City of Round Rock executed a memorandum of agreement to enter into an Early Action Compact with the Texas Commission on Environmental Quality(TCEQ) and the Environmental Protection Agency(EPA). This allowed the 12 city and county governments within the Austin/Round Rock • Metropolitan Statistical Area(MSA)to develop and implement-a Clean Air Action Plan that would reduce ozone levels and meet with the 8-hour ozone standard. By implementing and maintaining the agreement with the EPA, the MSA will not be designated non-attainment for the 8-hour ozone standard for the term of the agreement. Adoption of this resolution indicates the City's support of the Clean Air Action Plan. The first category identifies measures recommended as mandatory requirements in all MSA counties (except where noted) and implemented by state rule. The second category contains measures recommended for voluntary implementation by local regulation, agreement,.or voluntary agreement. Mr. Thane outlined staff s recommendation. The voluntary measures show the City's fair share obligation to emission reductions. Most importantly, reducing ozone levels provides for cleaner, healthier air for the • citizens of Round Rock. Representatives from CAMPO and TCEQ were present to respond to questions from the Council. RESOLUTION NO. WHEREAS, on November 14, 2002, the City of Round Rock entered into an Early Action Compact Agreement ("Agreement") with the Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) for the development of a Clean Air Action Plan within the Austin/Round Rock Metropolitan Statistical Area, and 42, DECEMBER 18, 2003 WHEREAS, the purpose of said Agreement is to provide Central Texas with a mechanism to address effectively the region's air quality issues, and WHEREAS, the Agreement provides the City of Round Rock with the flexibility to recommend to the TCEQ those air quality improvement strategies most suitable to the City's circumstances and resources, and WHEREAS, on March 26, 2002 the City entered into a Memorandum of Agreement approving an 03 Flex Agreement in which measures highlighted in green on Table 2 of the attached Exhibit"A"were approved, and WHEREAS, the City now wishes to recommend to the TCEQ for inclusion into the Clean Air Action Plan, the measures on Table 1 of the attached Exhibit "A", and the measures highlighted in yellow on Table 2 of the attached Exhibit"A",Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Recommended Emission Reduction Measures on Table 1 and highlighted in yellow on Table 2 attached hereto as Exhibit "A" and incorporated herein, are hereby recommended to the TCEQ for inclusion into the Clean Air Action Plan. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 18th day of December, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 8.17.3. Consider a resolution determining that Royce Construction Company, Inc. is the offeror that offers the best value for the City for the construction of Fire Station#6. Larry Madsen, Construction Manager made the staff presentation. The City previously determined that "Competitive Sealed Proposal"is the delivery method,which provides the best value for the construction of the Fire Station#6. The City advertised and received 15 proposals from General Contractors. After review and grading of the project criteria Royce Construction Company, Inc. was determined as the number one proposal. The review committee consisted of Keith Hickman • of Opus 3 Architects, Larry Madsen and Gary Wilson of Public Works, and Chief Lynn Bizzell, Rocky Garzarek, John Burton and Charles Meserole of the Fire Department. RESOLUTION NO. WHEREAS, the City of Round Rock has previously determined in Resolution No. R-03- 07-24-11G2 that "Competitive Sealed Proposal" is the delivery method which provides the best value for the City for the construction of Fire Station No. 6 to be built at 2919 Joe Dimaggio Boulevard, and 4 3' DECEMBER 18,2003 WHEREAS, the City has subsequently complied with all requirements of Texas Local Government Code, Section 271.116 entitled "Selecting Contractor for Construction Services Through Competitive Sealed Proposals", and WHEREAS, the City has duly advertised for and received proposals from offerors, and it is the recommendation of City staff that Royce Construction Co., Inc. offers the best value for the City based on the published selection criteria and on the City's ranking evaluation, and , WHEREAS, the City Council wishes to accept the recommendation of City staff, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That Royce Construction Co., Inc. is hereby determined to be the offeror which offers the best value for the City. BE IT FURTHER RESOLVED That the City Manager is hereby authorized and directed to attempt to negotiate a contract with the first 'selected offeror, Royce Construction Co., Inc., for the construction of the. referenced Fire Station No. 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 18th day of December, 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 Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. *8.G.1. Consider a resolution authorizing the MMor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with HDR Engineering, Inc. for the South Creek Pressure Improvements 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 ("Agreement") with HDR Engineering, Inc. for the South Creek Pressure Improvements Project, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with HDR Engineering, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement with HDR Engineering, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 44 DECEMBER 18,2003 RESOLVED this 18th day of December, 2003. *8.G.2. Consider a resolution authorizing the Mayor to execute a contract with Fillip Construction Company, Inc. for the Deerfoot Drive 8-inch Water Line Improvements. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Deerfoot Drive • 8-inch Water Line Improvements Project, and WHEREAS, Fillip Construction Company, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Fillip Construction Company, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Fillip Construction Company, Inc. for the Deerfoot Drive 8-inch Water Line Improvements Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 18th day of December, 2003. 8.G.3. Consider a resolution authorizing the Mayor to execute a Settlement Agreement and Release with CB&I Constructors, Inc. for the 81 South Standpit)e Demolition and Elevated Water Storage Tank Construction Project. Tom Clark, Director of Utilities made the staff • presentation. This Settlement Agreement and•Release Document prepared by the City Attorney's Office and agreed to by CB&I Constructors, Inc. This Settlement Agreement and Release Document will allow for the closeout of this project. Staff recommended approval of this resolution to reduce the final payment in the amount of$46,520.00 RESOLUTION NO. WHEREAS, on June 28, 2001, the City of Round Rock ("City") entered into a contract with CB&I Constructors, Inc. ("CB&I") for the South 81 Standpipe Demolition and Elevated Water Storage Tank Construction Project, and WHEREAS, the City has incurred additional quality control inspection fees in the amount of $46,520.00 as a result of CB&I's delays in completing the Project, and WHEREAS, CB&I has agreed to reimburse the City for the additional inspection costs by deducting said amount from its final compensation, and WHEREAS, the City and CB&I'desire to enter into a Settlement Agreement and Release in regards to this matter,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City a Settlement Agreement and Release with CB&I Constructors, 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 18th day of December, 2003. NYLE MAXWELL, Mayor ATTEST: - City of Round Rock, Texas si 4 .5 DECEMBER 18, 2003 CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. 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. 8.G.4. Consider a resolution authorizing the Mayor to execute a Settlement Agreement and Release with Corrosion Eliminators, Inc. for the 2002-2003 Water Storage Tank(s) Rehabilitation Project-Proposal A. Tom Clark,Director of Utilities made the staff presentation. This Settlement Agreement and Release Document was prepared by the City Attorney's Office and agreed to by Corrosion Eliminators, Inc. This Settlement Agreement and Release Document will allow the closeout of this project. Staff recommended approval of this resolution to reduce the final payment in the amount of$8,385.00. RESOLUTION NO. WHEREAS, on November 14, 2002, the City of Round Rock ("City") entered into a contract with Corrosion Eliminators, Inc. for the 2002-2003 Water Storage Tank(s) Rehabilitation Project(Proposal A), and WHEREAS, the City has incurred additional quality control inspection fees in the amount of$8,385.00 as a result of Corrosion Eliminators, Inc. delays in completing the Project, and WHEREAS, Corrosion Eliminators, Inc. has agreed to reimburse the City for the additional inspection costs by deducting said amount from its final compensation, and WHEREAS, the City and Corrosion Eliminators, Inc. desire to enter into a Settlement Agreement and Release in regards to this matter,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Settlement Agreement and Release with Corrosion Eliminators, 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 18th day of December, 2003. NYLE MAXWELL,Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt 46 DECEMBER 18,2003 Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 8.G.5. Consider a resolution authorizing the Mayor to execute a Settlement Agreement and Release with Gulf States Protective Coatings, Inc. for the 2002-2003 Water Storage Tank(s) • Rehabilitation Project-Proposal B. Tom Clark, Director of Utilities made the staff presentation. This Settlement Agreement and Release Document was prepared by the City Attorney's Office and agreed to by Gulf States Protective Coatings, Inc. This Settlement Agreement and Release Document would allow the closeout of this project. Staff recommended approval of this resolution to reduce the final payment in the amount of$15,015.00. RESOLUTION NO. WHEREAS, on November 14, 2002, the City of Round Rock ("City") entered into a contract with Gulf States Protective Coatings, Inc. ("Gulf States") for the 2002-2003 Water Storage Tank(s)Rehabilitation Project(Proposal B), and WHEREAS, the City has incurred additional quality control inspection fees in the amount of$15,015.00 as a result of Gulf States' delays in completing the Project, and WHEREAS, Gulf States has agreed to reimburse the City for the additional inspection costs by deducting said amount from its final compensation, and WHEREAS, the City and Gulf States desire to enter into a Settlement Agreement and • Release in regards to this matter,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Settlement Agreement and Release with Gulf States Protective Coatings, 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 18th day of December, 2003. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Rhode 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. 8.G.6. Consider a resolution appointing Tom Clark to the Technical Review Committee 47 DECEMBER 18,2003 and Cindy Demers to the Finance Review Committee of the Brushy Creek Regional Wastewater System. Tom Clark,Director of Utilities made the staff presentation. The City has a contract for wastewater treatment services with the Lower Colorado River Authority(LCRA) and Brazos River Authority(BRA). By contract,the City designates two representatives to the Technical Review Committee(TRC) and one representative to the Finance Review Committee (FRC) to act as primary contact with LCRA/BRA to conduct the business of the Regional System. These appointments will replace Jim Nuse on the TRC and David Kautz on the FRC as representatives to the committee. The other member to the TRC is Steve Sheets who will continue to represent the City. RESOLUTION NO. WHEREAS, the City of Round Rock has entered into a contract with the Lower Colorado River Authority (LORA) and the Brazos River Authority (BRA) for wastewater treatment services, and WHEREAS, said contract requires the City to designate representatives as the primary contacts with the LCRA and BRA,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Tom Clark, Director of Utilities, is hereby appointed to the Technical Review Committee of the Brushy Creek Regional Wastewater System, and that Cindy Demers, Director of Finance, is hereby appointed to the Finance Review Committee of the Brushy Creek Regional Wastewater 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 18th day of December, 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 Maxwell • Nays: None Absent: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 8.G.7. Consider a resolution rejecting the bid for the 2002-2003 Wastewater Collection System Rehabilitation Project of Edwards Aquifer Basins OC31, CC36, and LC09. Michael Thane, Engineer made the staff presentation. Proline Technologies is the only contractor to bid on this project. Their total price of$934,174.11 is 43.31%higher than the engineer's estimate of r 48 DECEMBER 18, 2003 $656,458. The engineer recommended that the City reject this bid and re-bid the project in two units: one for the conventional open cut and one for the chemical grouting. Since only one contractor submitted a bid on this project, the City and RJN would like,to re-bid the project to receive a more competitive bid. RJN will revise the specifications for this project and separate the bid documents into two units. Chemical grouting is a specialized way of repairing wastewater lines, the two units will allow more contractors the opportunity to bid on either unit • and not prevent contractors from bidding because of the specialized chemical grouting section of the project. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the 2002-2003 Wastewater Collection System Rehabilitation Project of Edwards Aquifer Basins OC31, CC36 & LC09, and WHEREAS, only one bid was received, therefore the Council has determined that the bid received should be rejected and the project should be re-bid Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the only bid received for the 2002-2003 Wastewater Collection System Rehabilitation Project of Edwards Aquifer Basins OC31, CC36 & LC09 is hereby rejected and the project should be re-bid. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by • the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 18th day of December 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. • COUNCIL COMMENTS: None. ADJOURNMENT: There being no further business, the meeting adjourned at 7:53 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary JANUARY 8, 2004 The Round Rock City Council met Regular Session on Thursday, January 8, 2004 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 Nyle Maxwell, Mayor Pro- fern 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 Valenti, 1345 Becca Teal Place, invited everyone to attend the Round Rock Invitational Fast Pitch Girls Softball Tournament at the Dell Diamond during the weekend of January 17-19, 2004. This tournament will include all of the Round Rock High School softball teams and a few more from surrounding cities. More information is on their web site at www.eteamz.com/roundrocksoftball. Darin Bayles, President of the Police Officers Association, spoke on the potential changes to the City Charter regarding Police Disciplinary Procedures. • Charles Culpepper, 1901 Shadowbrook Circle, Chairman of Economic Development with the Round Rock Chamber of Commerce, recognized members of the Chamber of Commerce who were present and who helped to create the Economic Development agreement with the City. Mr. Culpepper also commended the Council and staff for all of their hard work and dedication on preparing the agreement. Charlie Ayres, 736 Bent Wood Place, spoke on the Economic Development Program/Agreement with the City. Mr. Ayres expressed that this program will be a joint effort between the City and the Chamber of Commerce, both having accountability and cooperation. Carlos Salinas, 3845 Royal Troon, along with Dave Hill, Micahel Selvia and Gloria Walker invited everyone to join them in the 16th Annual Martin Luther King, Jr. Commemorative Walk on January 17, 2004. The walk will begin at 12:30pm and end at the Library for a program. 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 7.D.1. was withdrawn from the entire agenda at the request of staff. 50 JANUARY 80 2004 *6.A. Consider approval of the City Council minutes for the Regular Session of December 18, 2003. *7.A.1. Consider a resolution authorizing the closing of portions of Round Rock Avenue, Mays Street, Main Street, and Sheppard Street from 1:00 o'clock p.m. until 1:30 o'clock p.m. on January 17, 2004 for the Annual Martin Luther King, Jr. Commemorative March. i *7.13.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Grace Presbyterian Church for the purchase of right-of-way for the Gattis School Road Project. *7.C.1. Consider a resolution authorizing the Mayor to execute a First Amendment to the Texas Historical Commission Grant Contract for certified local government funds. *7.D.1. Consider a resolution authorizing the Mayor to make the necessarx grant application to the Texas Parks and Wildlife for an Outdoor Recreation Grant for the Greater Lake Creek Trail. This item was withdrawn from the entire agenda at the request of staff. *7.17.1. Consider a resolution authorizing the Mayor to execute SuQplemental • Agreement No. 1 with Gray-Jansing & Associates, Inc. for design work on the Doublecreek Drive and Forest Creek Drive Project. *7.G.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Lockwood, Andrews & Newnam, Inc. for the Round Rock West Street Project. MOTION: Councilmember Coe moved to approve all remaining items on 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. APPROVAL OF MINUTES: *6.A. Consider approval of the City Council minutes for the Regular Session of December 18, 2003. This item was approved under the consent agenda. RESOLUTIONS: 51 JANUARY 8, 2004 *7.A.1. Consider a resolution authorizing the closing of portions of Round Rock Avenue, Mays Street, Main Street, and Sheppard Street from.1:00 o'clock p.m. until 1:30 o'clock p.m. on January 17, 2004 for the Annual Martin Luther King, Jr. Commemorative March. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the Tapestry has requested that the streets along the following parade route be closed from 1:00 o'clock p.m. until 1:30 o'clock p.m. on January 17, 2004 for the Annual Martin Luther King, Jr. Commemorative March: beginning at the 500 block of Round Rock Avenue, east on Round Rock Avenue through Mays Street to Main Street, east on Main Street, north on Sheppard Street, and ending at the Robert G. and Helen Griffith Public Library, and WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the streets along the parade route be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was.open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 January, 2004. *7.B.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Grace Presbyterian Church 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 0.35 acre tract of land for additional right-of-way for the Gattis School Road Project, and WHEREAS, Grace Presbyterian Church, 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 Grace Presbyterian Church, 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 January, 2004. *7.C.1. Consider a resolution authorizing the Mayor to execute a First Amendment to the Texas Historical Commission Grant Contract for certified local government funds. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Grant Contract with the Texas Historical Commission for grant funds from the U.S. Department of the Interior, National Park Service, through the Certified Local Government program, and 5 2 JANUARY 8, 2004 WHEREAS, additional grant funds are available to City to provide financial assistance for the continued development of Round Rock's historic districts, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a First Amendment to the Grant Contract, 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 8th day of January, 2004. *7.D.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the Texas Parks and Wildlife for an Outdoor Recreation Grant for the Greater Lake Creek Trail. This item was withdrawn from the entire agenda at the request of staff. 7.E.1. Consider a resolution authorizing the Mayor to execute a Consulting Agreement for Professional Services of Summit Commercial Industrial Properties for real estate consulting services. Jim Nuse, City Manager made the staff presentation. Parking continues to be a problem in the downtown business districts. In order to acquire adequate space for parking, staff is considering the purchase of suitable • property to alleviate the parking problem. This agreement is to help the City locate the appropriate property. The services will be paid by the sellers of the parcels. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional real estate services relating to possible purchase of real property, and WHEREAS, Summit Commercial Industrial Properties, Inc. has submitted a Consulting Agreement for Professional Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Summit Commercial Industrial Properties, 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 Professional Services for Possible Purchase of Real Property with Summit Commercial Industrial Properties, 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 8th day of January, 2004. KYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary JANUARY 8, 2004 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. 7.E.2. Consider a resolution authorizing the Mayor to execute an Economic Development Program Administration and Funding Agreement with the Round Rock Chamber of Commerce. Joe Vining, Director of Planning and Development made the staff presentation. Economic Development was the number one priority from the Council's summer retreat. In order to move forward with an economic development plan, an agreement has been prepared to formalize the roles of the Round Rock Chamber of Commerce and the City of Round Rock. This agreement will establish guidelines, a budget, a committee to oversee the program and keep accountability, and annual renewals. • Steve Sheets, City Attorney outlined the Economic Development Program Administration and Funding Agreement. The Council discussed the residency and employment qualifications for being a non-permanent member of the Economic Development Program Oversight Committee. It was the consensus of the Council and Chamber Board that these individuals can either work or live in the city limits or its extra-territorial jurisdiction. RESOLUTION NO. WHEREAS, §380.001 Texas Local Government Code provides that a municipality may establish a program to promote local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, §380.001 also provides that the municipality may administer such program by the use of municipal personnel and may contract with another entity for the administration of a program; and WHEREAS, the City of Round Rock ("'City") and'the Round Rock Chamber of • Commerce (`Chamber") wish to develop a program to promote economic development and to stimulate business and commercial activity in the City; and WHEREAS, the City and the Chamber further wish to enter into an agreement for the joint administration and funding of said 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 an Economic Development Program Administration and Funding Agreement with the Chamber, 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, 54 ]ANUARY 8, 2004 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 January, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution with the • amendment that a non-permanent member of the Economic Development Program Oversight Committee either can be residents of the Round Rock or its extra- territorial jurisdiction or employed in Round Rock or its extra-territorial jurisdiction. 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. Charlie Dromgoole, CEO of the Round Rock Chamber of Commerce, expressed his enthusiasm of this public/private partnership, and informed the • Council that the Chamber was ready to "get to work." *7.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with Gray-Jansing & Associates, Inc. for design work on the Doublecreek Drive and Forest Creek Drive 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 ("Agreement") with Gray-Jansing & Associates, Inc. for design work on the Doublecreek Drive and Forest Creek Drive Project, and WHEREAS, Gray-Jansing & Associates, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for a change in the scope of services, and ' WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with 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 Supplemental Agreement No. 1 to the Agreement with Gray-Jansing & Associates, 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 8th day of January 2004. 5 �5 JANUARY 8, 2004 *7.G.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Lockwood, Andrews & Newnam, Inc. for the Round Rock West Street 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 Lockwood, Andrews & Newnam, Inc. for the Round Rock West Street Improvements Project, and WHEREAS, Lockwood, Andrews & Newnam, Inc. has submitted Supplemental Agreement No. 2 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. 2 with Lockwood, Andrews & Newnam, 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 Lockwood, Andrews & Newnam, 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 8th day of January 2004. • 7.G.2. Consider a resolution authorizing the Mayor to execute a Contract of Sale with Oncor Electric Delivery Company for the purchase of property located at 206 West Bagdad Avenue for the new downtown Fire Station #2. Larry Madsen, Construction Manager made the staff presentation. The Council gave their approval on December 19, 2002 for staff to make an offer to Oncor for this property. Negotiations have been ongoing since that time over issues of price and parking for the remaining Oncor building on West Main Street. Oncor has.countered with a price of $190,797.00. Staff felt that this is a fair price due to the Broker's Price Opinion received. The purchase of this property will provide a new location for Fire Station #2, which will replace the old building that needs to be removed for the future development of the Municipal Office Complex. This property is located at the • corner of Bagdad and Blair. RESOLUTION NO. WHEREAS, the City desires to purchase property situated on Lots 1-5, Block 7, City of Round Rock, Williamson County, Texas, located at 206 West Bagdad, for the new downtown Fire Station, and WHEREAS, Oncor Electric Delivery Company, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 56 JANUARY 8, 2004 That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract of Sale with 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 8th day of January 2004. • NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas 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. APPOINTMENTS: • 8.A. Consider 1 appointment to the Williamson County and Cities Health District Board of Directors. One appointment is needed to fill a three-year term with the Williamson County & Cities Health District Board of Directors. This person will be the City's representative on the Williamson County and Cities Health District Board of Directors. Peggie Fink has been the City's representative and would like to be considered for re-appointment. Mayor Maxwell opened the floor for nominations. MOTION: Councilmember Pitt moved that Peggie Fink be re-appointed to the Williamson County & Cities Health District Board of Directors by acclamation. 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. NEW BUSINESS: JANUARY 8, 2004 9.A. Consider discussion and action on the various proposals to amend the Round Rock Home Rule Charter. Steve Sheets, City Attorney made the staff presentation. The 2003 Round Rock Charter Review Commission previously presented its report to the City Council, which included eight separate propositions for amendments to the Round Rock Home Rule Charter. In addition to the • amendments recommended by the Charter Review Commission, at the request from members of the Council, staff drafted proposed amendments that would clarify and standardize the provisions regarding petitions for recall, initiative and referendum. He added that this is the next step to begin the process of preparing for the May 2004 election. Staff needs the Council's decision on propositions that would amend the City Charter. Mr. Sheets gave a brief overview of the proposed propositions. Mayor Maxwell asked for a separate motion on each of the proposed propositions that staff presented. MOTION: Councilmember Pitt moved to accept the amendment to the City Charter that amends the City Manager's powers and. provide for one or more assistant City Managers, and an acting City Manager. 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. MOTION: Councilmember Rhode moved to accept the amendment to §8.08 of the City Charter that provides for an authorized designee to countersign City checks. 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. MOTION: Councilmember Pitt moved to accept the amendment to §8.10 of, the City Charter that amends the requirements for publishing the City's financial audit. Mayor Pro-tem Nielson seconded the motion. 5 .8 ]ANUARY 8, 2004 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 accept the amendment to §10.01 • of the City Charter that allows the City to contract with another governmental entity to assess and collect City taxes. 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 Knight moved to accept the amendment that repeals §10.08 of the City Charter that provides for a Board of Equalization. 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. MOTION: Councilmember Pitt moved to accept the amendment that repeals §11.09 of the City Charter that provides for rate jurisdiction. 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. MOTION: Councilmember McGraw moved to accept the amendment that adds Police Department Disciplinary Procedures to the City Charter. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw 5 9� JANUARY 8, 2004 Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to accept the amendment that • adds requirements for amendments to §7.500 of the City Code of Ordinances regarding police department disciplinary procedures. 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 Pitt moved to accept the amendment to Article 6 of the City Charter that clarifies and standardizes the provisions regarding petitions for recall. 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. MOTION: Councilmember Coe moved to accept the amendment to Article 7 of the City Charter that clarifies and standardizes the provisions regarding petitions for an initiative and referendum. 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 8:15 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary 6 .0 JANUARY 22, 2004 The Round Rock City Council met on Thursday, January 22, 2004 in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE SESSION TO ORDER - 6:00 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, 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. EXECUTIVE SESSION: 3.A. Executive Session as authorized by Section 551.072 Government Code, discussion regarding the purchase of 0.057, 1.04, and 0.080 acres of land from Jimmy and Katherine Wallin, and the Wallin Family Investment for Kiphen Road (CR 113) right-of-way. The Council entered into Executive Session at 6:06 p.m. and adjourned this item at 6:26 p.m. 3.B. Executive Session as authorized by Section 551.072 Government Code, discussion regarding the purchase of 2.280 acres of land from John Lewis for Highway 79 right-of-way. The Council addressed this item in Executive Session at 6:27 p.m. and adjourned this item at 6:34 p.m. 3.C. Executive Session as authorized by Section 551.072 Government Code, discussion regarding the purchase of 0.142, 0.582, and 0.434 acres of land from Mays • Family, L.P. for the Round Rock Higher Education Center Waterline Easements. The Council addressed this item at 6:35 p.m. and adjourned the Executive Session at 6:45 p.m. CALL REGULAR SESSION TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE: Boy Scout Troop No. 157 lead 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: None. PROCLAMATIONS: 8.A. Consider a proclamation recognizing the '93 Lady Crossfire soccer team for winning the State Championship. Mayor Maxwell read the following proclamation and • presented it to members of the soccer team. WHEREAS, the City of Round Rock, the Sports Capital of Texas, is the home of the acclaimed Round Rock Soccer Association Crossfire soccer academy; and WHEREAS, the Crossfire Academy teaches local youth the values of sportsmanship, teamwork, and hard work; and WHEREAS, the '93 Lady Crossfire soccer team demonstrated these values as they represented Round Rock throughout the state; and WHEREAS, the '93 Lady Crossfire became the Division II Western District Champions in San Antonio on December 7, 2003; and WHEREAS, the '93 Lady Crossfire advanced to the Division II State Championship tournament held in Corpus Christi; and -JANUARY 22, 2004 WHEREAS, the '93 Lady Crossfire were undefeated in the State Championship and became State Champions on December 14, 2003. NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, on behalf of the Round Rock City Council, do hereby congratulate and commend our.state champions Cristin Heilker, Paige McGraw, Kasandra Casillas, Gabriela Powers, Brandi Ulrich, Samantha Eaves, Victoria Gonzales, Ashley Garza, Katy Curtsinger, Koren Hairston, Shelby Moulton, Cambry Nauman, Bianca Velasquez, Nicollette Nielson, Samantha Arldt, Shelby Fretwell, and Alex Guske, and their coaches Murray Hanson, Rey Garza, and Gonzalo "Lefty" Gonzales, for their dedication and accomplishments while representing the City of Round Rock. • PROCLAIMED this 22nd day of January, 2004. 8.B. Consider a proclamation proclaiming the week of February 7-14, 2004 as Insure-A-Kid Week. Mayor Maxwell read the following proclamation. WHEREAS, every child deserves quality healthcare, including regular check-ups and immunizations, to keep them in good health and to ensure a healthy future; and WHEREAS, despite changes, low-cost quality children's health insurance is still available for thousands of uninsured Texas families through the Children's Health Insurance Program (CHIP) and Children's Medicaid; and WHEREAS, cuts to CHIP have not diminished its need in our community and the positive impact health insurance has on the lives of children and their parents; and WHEREAS, Insure-A-Kid will continue to work to restore services cut from the program and to provide Austin families with assistance to get, use and renew low-cost children's health insurance; and WHEREAS, now is the time for the thousands of Texas families that are still uninsured to enroll and maintain their children's health insurance for a healthy future. NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim February 7 - 14, 2004 as "Insure-A-Kid Week 2004" in the City of Round Rock and call upon all citizens to learn about the importance of preventive health care for children and adults, to call 324-CHIP to get more information about CHIP and Children's Medicaid, and to call their child's primary health care provider to schedule a well child check-up. • PROCLAIMED this 22nd day of January 2004. PRESENTATIONS: 9.A.1. Consider a presentation regarding proposed criteria for tax abatements for prospective industries. Joe Vining, Planning Director made the staff presentation. In the past there has not been a specific criteria for tax abatements for prospective industries. Each project has been judged on a case-by-case basis. Mr. Vining outlined the proposal that puts forth specific guidelines for tax abatement. He added that although there will still be flexibility on a case by case basis, having specific criteria for tax abatement will be beneficial for decision making. Following are the proposed eligibility requirements for receiving a tax abatement: Category Points Max Points 1. Primary Jobs 1 point per 2 jobs Non-Primary Jobs 1 point per 3 jobs N/A • 2. Added Tax Base 1 per $100,000 of added tax base N/A 3. Projected Sales Tax 1 per $500,000 in taxable sales N/A 4. Payroll 1 per $60,000 in annual payroll N/A 5. Economic Diversity 1St business of its type 50 2nd business of its type 25 3rd business of its type 10 6. Synergism/Intangibles To be determined by City 200 Mr. Vining noted that for the purposes of this document, the following terms have the meanings stated here: f 62 JANUARY 22, 2004 "Primary job" means a job that is available at a company for which a majority of the products or services of that company are ultimately exported to regional, statewide, national, or international markets infusing new dollars into the local economy. "Synergism" means that a business will have a mutually advantageous compatibility with other businesses in the City. "Intangibles" means that a business will provide indirect, but important benefits to • the City such as name recognition, tourism promotion, etc. In order to receive abatement, an applicant must score at least 100 points from the list of criteria. The standard abatement offer is 1% of abatement for each point scored. An abatement of 200% of less will be spread over three years. An Abatement of between 200% and 500% will be spread over at least five years. An abatement of more than 500% will be spread over between a minimum of five years, but no more than ten years. PUBLIC HEARINGS: 10.A.1. Consider public testimony concerning a grant application to the Texas Parks and Wildlife Department for The Greater Lake Creek Trail System. Sharon Prete, Parks and Recreation Director made the staff presentation. She reported that the Parks, Recreation and Open Space Master Plan identified the development of trails as one of the City's top priorities. This trail system will significantly add to the City's current trail system while • connecting the Lake Creek, Turtle Creek and Dove Creek neighborhoods and Clay Madsen Recreation Center. This public,hearing was to receive public testimony on the City's application for a grant from the Texas Parks and Wildlife Department for the Greater Lake Creek Trail System. This grant will be a 50/50 match on the amount. Ms. Prete outlined how the funds would be used if the grant were awarded to the City. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 1 CONSENT AGENDA: All items listed with an asterisk (*) were considered to be routine by the City Council and were enacted by one motion. There was no separate discussion of these items and no items were removed from the consent agenda. *12.A. Consider approval of the City Council minutes for the Regular Session of January 8, 2004 • *14.C.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Alfredo and Guadalupe Nevarez for the purchase of right-of-way for the Downtown Streets Improvement Proiect. *14.C.2. Consider a resolution approving a settlement with Ron and Sara Lutz for the purchase of right-of-way for the Double Creek Drive Project. 63 JANUARY 22, 2004 *14.D.1. Consider a resolution authorizing the Mayor to execute a Tax Resale Deed for 0.2755 acres in the P.A. Holder Survey to Jimmy Joseph. *14.D.2. Consider a resolution authorizing the Mayor to execute a Tax Resale Deed for Lots 24 & 25, Block E, The Hermitage, to Joe Baker. *14.E.1. Consider a resolution authorizing the Mayor to execute Change Order No. • 16 with RGM Constructors, L.P. for the A.W. Grimes, Phase I Construction Project. *14.E.5. 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.G.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the Capital Area Planning Council for a regional solid waste program grant. *14.G.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 to the Agreement for Engineering Services with HDR Engineering, Inc. for the 1998/1999 Water System Improvement Project. MOTION: Councilmember Rhode moved to approve all items on 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 Regular Session of January 8, 2004. This item was approved under the consent agenda. ORDINANCES: 13.A.1. Consider an ordinance amending Chapter 1, of the Round Rock Code of Ordinances (1995 Edition) adding Subsection 1.1700.1 to establish standards of care for the Parks and Recreation Department's After-School Recreation Program. (First Reading) Sharon Prete, Parks and Recreation Director made the staff presentation. It was brought to staff's attention that the Texas Human Resources Code, Section 42.041 (b) (14), isrequires that cities operating after- school recreational programs must annually adopt a Standards of Care Ordinance. By adopting this Standards of Care Ordinance, the City will be exempt from all state child-care licensing requirements. Several years ago the Protective and Regulatory Services Agency took it upon itself to try to take city-operated recreational programs, such as day camps and after school, under its governance umbrella. Cities from around the state successfully proved that the purpose and composition of city- organized recreation programs are entirely different from those offered by child-care 64 JANUARY 22, 2004 providers. Since its inception, the City's Kids Clubhouse has had Standards of Care, this action will formalize the process. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, ADDING SECTION 1.1700.1, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ESTABLISH STANDARDS OF CARE FOR THE PARKS AND RECREATION DEPARTMENT'S AFTER-SCHOOL RECREATION PROGRAM IN ORDER TO EXEMPT THE AFTER-SCHOOL RECREATION PROGRAM FROM STATE CHILD-CARE LICENSING REQUIREMENTS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. • MOTION: Councilmember Coe 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. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember 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.B.1. Consider an ordinance annexing 0.711 and 101.376 acres of land, totaling 102.087 acres of land out of the Abel Eaves Survey and the Barney Low Survey. (Avery Tract) (First Reading). Jim Stendebach, Assistant Planning Director made the staff presentation. The purpose of this annexation is to annex the new Higher Education Center (HEC) site into the City. This will allow the site to be transferred to the University, which is the first step in the development process. A Planned Unit Development Agreement and zoning will follow in the near future once all the requirements of the University are identified. ORDINANCE NO. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.711 and 101.376 ACRES OF LAND, TOTALING 102.087, OUT OF THE ABEL EAVES SURVEY, ABSTRACT NO. 215, AND THE BARNEY LOW SURVEY, ABSTRACT NO. 385, 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. rJ' 65 JANUARY 22, 2004 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. MOTION: Councilmember Rhode 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 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.1. Consider an ordinance abandoning and closing a r)ortion of a 20 foot wide alley located between Main Street and Bagdad Street, and Blair Street and Brown Street. (First Reading) Tom Word, Chief of Public Works Operations made the staff presentation. • The City is purchasing the property located at 206 West Bagdad Street for the future Fire Station No. 2. The alleyway on this property will be split between the two adjoining properties. An additional ten-foot wide strip will be added to the property purchased by the City to aid in the development of the property. ORDINANCE NO. AN ORDINANCE VACATING, ABANDONING, AND CLOSING A PORTION OF A 20 FOOT WIDE ALLEY IN BLOCK 7, ROUND ROCK ORIGINAL PLAT, LOCATED BETWEEN MAIN STREET AND BAGDAD STREET, AND BLAIR STREET AND BROWN STREET, WITHIN THE CITY OF ROUND ROCK, TEXAS, PURSUANT TO SECTION 311.007, TRANSPORTATION CODE, V.A.T.S.; RESERVING A PERMANENT PUBLIC UTILITY EASEMENT; AND PROVIDING 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. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson i 66 JANUARY 22, 2004 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 determining the public necessity for the acquisition of a waterline easement interest in 0.434 acres, 0.142 acres, and 0.582 acres of land for the • proposed Higher Education Center waterline improvement project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (May Tract) (First Reading) Steve Sheets, City Attorney made the staff presentation. This ordinance will allow for the Legal Department to initiate eminent domain proceedings to acquire the necessary property interests from the May family so that the Higher Education Center waterline project can be constructed. The construction of this project will accommodate new development and public services in the northeast quadrant of the City. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF A WATERLINE EASEMENT INTEREST IN 0.434 ACRE, 0.142 ACRE, AND 0.582 ACRE ; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN _ WATERLINE IMPROVEMENTS FOR THE HIGHER EDUCATION CENTER PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE • PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember 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. MOTION: Councilmember Rhode 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 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. RESOLUTIONS: 14.A.1. Consider a resolution authorizing the Mavor to make the necessary grant application to the Texas Parks and Wildlife for an Outdoor Recreation Grant for the Greater V 7 3ANUARY 22, 2004 Lake Creek Trail. A presentation for this item was made during the public hearing that was held earlier in the meeting. RESOLUTION NO. WHEREAS, Texas Parks and Wildlife Department has grant funds available to cities for various parks and recreation projects, and WHEREAS, grant funds are available through the Texas Recreation and Parks Account Grant Program for the development of the Greater Lake Creek Trail("Trail"), and • WHEREAS, the City Council wishes to make application for grant funds to provide financial assistance for the development of the Trail, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: Section 1: The City hereby certifies that it is eligible to receive assistance under the Program. Section 2: The City hereby certifies that the real property that will constitute the City's matching share for this application is readily available subject to the terms and conditions of the owners'. commitment to donate said property, as set forth in the letters attached hereto as Exhibit"A" and "B". Section 3: The City hereby authorizes and directs its mayor, Nyle Maxwell, to act for the City in dealing with the Department for the purpose of the Program. Section 4: The City hereby acknowledges that the proposed Greater Lake Creek Park either has been or will be dedicated for public park and recreation purposes in perpetuity. Section 5: The City hereby authorizes and directs the Mayor 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, at and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of January, 2004. NYLE MAXWELL, Mayor • ATTEST: City of Round Rock, Texas 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.A.2. Consider a resolution supporting Williamson County's Grant Application for Phase II of the Brushy Creek Regional Trail System. Sharon Prete, Parks and Recreation Director made the staff presentation. Austin, Cedar Park, Round_Rock, Brushy Creek, Fern Bluff and Williamson County have been working on the development of a regional trail • between Cedar Park and Round Rock for approximately the last 5 years. Texas Parks and Wildlife previously awarded a grant for the trail system. This resolution supports Williamson County's grant application for Phase II of this development. This trail, when completed, will be the major non-motorized transportation corridor in the County. Development of the trail will expand opportunities for the greater Williamson County community to use the trail for transportation, fitness and recreation. Trailheads strategically placed will provide easy 6 8 ]ANUARY 22, 2004 access on and off the trail and the trail will also be constructed in such a way as to be easily accessed by emergency services and the police as needed. RESOLUTION NO. WHEREAS, Williamson County has proposed creating the Brushy Creek Regional Park System and Conservation Corridor ("Brushy Creek Regional Trail"), a regional hike and bike trail system that would run within the Brushy Creek Watershed, and WHEREAS, a portion of the proposed system would be located within the city limits of the City of Round Rock, and • WHEREAS, the City Council desires to show its support for the continued development of the Brushy Creek Regional Trail, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock hereby declares its support for the continued development of the Brushy Creek Regional Trail hike and bike 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 22nd day of January, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None . ACTION: The motion carried unanimously. 14.B.1. Consider a resolution approving the issuance of $1,010,000 Combined Unlimited Tax and Revenue Refunding Bonds, Series 2004 by the Meadows of Chandler Creek Municipal Utility District. Cindy Demers, Finance Director made the staff presentation. This Municipal Utility District is in the City's extraterritorial jurisdiction (ETJ) and, therefore, the City's approval is required prior to the sale of bonds. The District has 1,400 active single family connections with an estimated District population of approximately 4,900. The District is selling $1,010,000 principal amount of refunding bonds. The bond proceeds will be used to restructure the District's annual debt service expense and achieve debt service savings for the District. Although the District does have • authorized but unissued bonds, at this time the district does not expect to sell any additional bonds for capital improvements. Texas Commission on Environmental Quality (TCEQ) approval is not required, as these are refunding bonds. These bonds are an obligation of the District and not the City of Round Rock. No adverse impact is anticipated on the District's tax or utility rates. RESOLUTION NO. 69 7ANUARY 22, 2004 WHEREAS, the Council of the City of Round Rock, Texas, has previously consented to the creation of The Meadows at Chandler Creek Municipal Utility District, and WHEREAS, The Meadows at Chandler Creek Municipal Utility District (the "District") is a conservation and reclamation district, a body corporate and politic and governmental agency of the State of Texas, created under Article XVI, Sec. 59 of the Texas Constitution by order of the Texas Water Commission, now the Texas Commission on Environmental Quality ("the TCEQ"), and the District operates under Chapters 49 and 54 of the Texas Water Code, as amended, and WHEREAS, the City of Round Rock previously granted its consent to the creation of the District, and the City, the District and Nash Phillips/Copus, Inc. entered into an • "Agreement Concerning Creation and Operation of The Meadows at Chandler Creek Municipal Utility District" (the "Consent Agreement"), which sets forth the terms and conditions for creation and operation of the District, and WHEREAS, the District issued its Combination Unlimited Tax and Revenue Refunding Bonds, Series 1994, dated September 1, 1994, in the original aggregate principal amount of $2,124,995,80 (the "1994 Bonds"), of which an aggregate principal amount of $1,010,000 remains outstanding, and WHEREAS, the District proposes to issue bonds (the "Series 2004 Bonds") to refund all of the remaining outstanding 1994 Bonds in order to provide for a gross debt service savings and net present value savings, and WHEREAS, the Consent Agreement provides that the issuance of bonds be approved by the City Council of the City of Round Rock, Texas, and WHEREAS, the District has submitted to the City for review and approved a substantial draft of the 2004 Bond Order and requested approval of the District's Series 2004 Bonds, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, 1. The issuance by the District of the Series 2004 Bonds in an amount not to exceed $1,010,000 is hereby approved. 2. The City Council approves the substantial draft of the 2004 Bond Order and Preliminary Official Statement for the Series 2004 Bonds, the form and substance of which are attached as Exhibits "A" and "B", respectively, incorporated by reference, and are approved. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of January, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas 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 Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • *14.C.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Alfredo and Guadalupe Nevarez for the purchase of right-of-way for the Downtown Streets Improvement Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a .016 acre tract of land for additional right- of-way for the Downtown Streets Improvements Project, and WHEREAS, Alfredo and Guadalupe Nevarez, 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, 7. 0 JANUARY 22, 2004 That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Alfredo and Guadalupe Nevarez, 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 22nd day of January, 2004. is *14.C.2. Consider a resolution approving a settlement with Ron and Sara Lutz for the purchase of right-of-way for the Double Creek Drive Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City Council, upon consideration of the matter, has determined that there exists a public necessity for the welfare of the City of Round Rock and the public-at- large to construct and maintain improvements to Double Creek Drive, and to perform associated public purposes ("Project"); and WHEREAS, the City of Round Rock, has a need to acquire approximately .25J 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 under cause number 02-0029-CC2 and styled the City of Round Rock, Texas v. Ronald D. Lutz and wife, Sara Lutz; and WHEREAS, pursuant to a special commissioners' award the amount of $32,040 was deposited in the registry of the Court to allow the City to take possession of the property as litigation continued; and WHEREAS, an additional settlement amount of $15,960 was approved by the City Council on May 8, 2003; and • WHEREAS, the landowners did not complete the settlement at that time due to continued disagreement over the addition of septic relocation costs and the effect on value of newly discovered deed restriction issues; and WHEREAS, after evaluation of these new issues the landowners have now agreed to settle the lawsuit for the acquisition of this property for an additional payment of $4,500 over what has been previously approved, making a total final settlement of $52,50(; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposed additional settlement amount of $4,500 is a fair and equitable amount for the settlement of this condemnation case, and That the Mayor and/or the city attorney shall be authorized to execute, on behalf of the City of Round Rock the necessary documents to effectuate the settlement bf 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 22nd day of January, 2004. *14.13.1. Consider a resolution authorizing the Mayor to execute a Tax Resale Deed for 0.2755 acres in the P.A. Holder Survey to Jimmy Joseph. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the Round Rock Independent School District has acquired title in trust for itself and the City of Round Rock, through judicial foreclosure of the tax liens pursuant to terms of the Texas Tax Code, and WHEREAS, the Texas Tax Code authorizes the Round Rock Independent School District to resell such properties, and WHEREAS, the Round Rock Independent School District has received bids for the purchase of 0.2755 acres, more or less, out of the P.A. Holder Survey, Abstract No. 297 being more particularly described as Tract 1, in Volume 1810, Page 13, Official Records of Williamson County, Texas, and JANUARY 22, 2004 WHEREAS, the City Council wishes to authorize the Mayor to execute a Tax Resale Deed conveying said property to Jimmy Joseph, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed on behalf of the City of Round Rock to execute a Tax Resale Deed conveying the above-described property acquired by the Round Rock Independent School District as a result of previous tax sales, a copy of said Tax Resale Deed being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government'Code, as amended. RESOLVED this 22nd day of January, 2004. *14.D.2. Consider a resolution authorizing the Mayor to execute a Tax Resale Deed for Lots 24 & 25. Block E, The Hermitacie, to Joe Baker. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Round Rock Independent School District has acquired title in trust for itself and the City of Round Rock, through judicial foreclosure of the tax liens pursuant to terms of the Texas Tax Code, and WHEREAS, the Texas Tax Code authorizes the Round Rock Independent School District to resell such properties, and WHEREAS, the Round Rock Independent School District has received bids for the purchase of Lots 24 & 25, Block E, The Hermitage, being more particularly described in Cabinet D, Slides 118 and 119, Plat Records of Williamson County, Texas, and. WHEREAS, the City Council wishes to authorize the Mayor to execute a Tax Resale Deed conveying said property to Joe Baker, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed on behalf of the City of Round Rock to execute a Tax Resale Deed conveying the above-described property acquired by the Round Rock Independent School District as a result of previous tax sales, a copy of said Tax Resale Deed being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date) hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and!-formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of January, 2004. 14.D.3. Consider a resolution authorizing the Mayor to execute a Contract for the Collection of Delinquent Taxes with Linebarger Goggan Blair &Sampson LLP for the collection of delinquent court fees and fines. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. In the last regular session of the Texas Legislature, a bill was passed that allows a city to contract with a vendor to collect delinquent court fines. The legislation allows an agent for the city to pursue all adjudicated cases (capias warrants) in which a defendant has been ordered to pay a fine and fine-only • cases in which the defendant has failed to appear (alias warrants). These services are provided at no cost to the city. A thirty percent (30%) fee may be added to the balance due that is paid by the defendant. The collection fee does not apply to a case that has been dismissed by the court or to any amount that has been satisfied through time served or community service. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional services for the collection of delinquent court fees and fines, and r 72 2 JANUARY 22, 2004 WHEREAS, Linebarger Goggan Blair & Sampson, LLP has submitted a Contract for Court Fees and Fines Collection Services to provide said services, and WHEREAS, the City Council desires to enter into said Contract with Linebarger Goggan Blair & Sampson, LLP, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Court Fees and Fines Collection Services with Linebarger Goggan Blair & Sampson, LLP, a copy of said Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written. notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code. RESOLVED this 22nd day of January, 2004. 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: Mayor Pro-.tem Nielson Councilmember McGraw _ Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.D.4. Consider a resolution authorizing the Mayor to execute a Consulting • Services Agreement with Jeff Montgomery and Associates, Inc. for phone surveys regarding the City's General Plan and the City's customer service performance. Will Hampton, Communications Director made the staff presentation. The City has conducted a biennial survey since 1992. The second survey will be used by the Planning Department in updating the General Plan. The total cost of both surveys is $36,000. These will allow the Council and staff to use the survey to gauge progress and citizen reaction to a wide variety of city projects and programs. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for two telephone surveys, and WHEREAS, Jeff Montgomery & Associates, Inc. has submitted a Consulting Agreement for Statistical Telephone Poll Services to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Jeff Montgomery &Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City a Consulting Agreement for Statistical Telephone Poll Services with Jeff Montgomery & Associates, 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 January, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas JANUARY 22, 2004 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.E.1. Consider a resolution authorizing the Mayor to execute Change Order No. 16 with RGM Constructors, L.P. for the A.W. Grimes, Phase I Construction Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with RGM Constructors, L.P. for the A.W. Grimes, Phase I Construction Project, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 16, Now Therefore BE IT RESOLVED BY 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. 16 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. ,I RESOLVED this 22nd day of January, 2004. 14.E.2. Consider a resolution approving the action of the Round Rock Transgoftation System Development Corporation in amending the Transportation Capital Improvement Plan. Tom Word, Chief of Public Works 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 1/2 cent sales tax established for the purpose of transportation improvements. The TCIP is being amended to provide.funding for a Professional Services Contract with HDR for the design of Phase III of the CR 122 Project (CR 123 to US 79) and to allocate funding • for the future construction of Phase III of the CR 122. The total cost for this amendment would be $3,625,272, and the source of funds would be from the 1/2 cent sales tax. 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 ,7 .4 JANUARY 22, 2004 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 22nd day of January, 2004. • NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.E.3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with HDR Engineering, Inc. for the final design of Phase III for the County Road 122 Project (Red Bud Lane) (County Road 123 to.US 79). Tom Word, Chief of • Public Works Operations made the staff presentation. The City is developing a project to rebuild and widen Red Bud Lane from CR 123 to Forest Creek Boulevard. This project will also complete the gap on Red Bud Lane from CR 123 to US 79. Approval of this contract will provide for plan preparation and contract documents. The total cost of this contract is $249,363.00, and the source of funds will be from the Capital Project Funds (TCIP Funding). RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the final design of Red Bud Lane from US 79 to CR 123, and WHEREAS, HDR Engineering, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with HDR Engineering, Inc. for the final design of Red Bud Lane from US 79 to CR 123, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of January, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 75 JANUARY 22, 2004 MOTION: Councilmember Coe 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. 14.E.4. Consider a resolution authorizing the Mayor to execute a Settlement Agreement with Austin Filter Systems, Inc. for the Roadway Improvements to Dell Way, Dell Center Boulevard, and Gattis School Road Proiect. Tom Word, Chief of Public Works Operations made the staff presentation. On August 10, 2000, the City Council approved Resolution No. R-00-08-10-1OB7 in which Austin Filter Systems, Inc., would be responsible for the construction of the Dell Way, Dell Center Boulevard, Gattis School Road and entrance to the Boardwalk Shopping Center in the amount of $1,173,403.00. To date, there have been thirteen approved change orders to this contract, which resulted in a final construction cost of $1,391,619.09. This project, which was originally to be finished in 240 calendar days, was finally completed in 915 calendar days. Due to the delays, the contractor submitted a claim in the amount of $198,965.03. Based 'on review of the claim by staff, the • number of additional days to complete this project should be reduced from 675 calendar days to 628 calendar days, all attributable to the City, resulting in a reduction in the amount of the claim to $185,453.59. RESOLUTION NO. WHEREAS, on August 10, 2000, the City of Round Rock ("City") entered into a contract with Austin Filter Systems, Inc. ("Austin Filter") for the Dell Way, Gattis School Road Construction Project ("Project"), and WHEREAS, Austin Filter has submitted a claim to the City for additional costs incurred as a result of unforeseen delays in the completion of the Project, and WHEREAS, the City and Austin Filter have expressed a willingness to settle this claim for the amount of $185,453.59, and WHEREAS, the City and Austin Filter desire to enter into a Settlement Agreement and Release in regards to this matter, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Settlement Agreement and Release with Austin Filter Systems, 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 January, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Knight seconded the motion. 76 JANUARY 22, 2004 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.5. 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 Proiect. 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, by Resolution NO. R-03-09-25-14B2, the City Council approved of Amendment No. 2 to the Agreement to transfer administration of the construction phase of the Project from TxDOT to the City of Round Rock, and WHEREAS, said Amendment No. 2 was subsequently revised by TxDOT, and the City now wishes to approve of the revised Amendment 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 Advance Funding Agreement Amendment No. 2 with TxDOT, 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 22"d day of January, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 14.F.1. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement Between Owner and Architect, and Supplemental Agreement No. 1 with Croslin and Associates, Inc. for the design and construction phase of Fire Station No. 2. Tom Word, Chief of Public Works Operations made the staff presentation. Croslin and Associates, Inc. has completed the schematic design phase of the project. The City will now enter into the design development, construction drawings, bidding and construction administration phases of Fire Station #2. The cost of this supplement is $140,400. This new fire station on 206 West Bagdad will replace the old fire station located on the Municipal Office Complex site at McNeil and Florence Street. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the design and construction phase of Fire Station No. 2, and WHEREAS, Croslin and Associates, Inc. has submitted a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ("Agreement"), and Supplemental Agreement No. 1 to provide said services, and WHEREAS, the City Council desires to enter into said Agreement, and Supplemental Agreement No. 1 with Croslin and Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ("Agreement"), and Supplemental Agreement No. 1 with Croslin and 77 JANUARY 22, 2004 Associates, Inc. for the design and construction phase of Fire Station No. 2, 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 January, 2004. • NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14.G.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the Capital Area Planning Council for a regional solid waste program grant. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the Capital Area Planning Council ("CAPCO") has grant funds available to cities through its Regional Solid Waste Grants Program, and WHEREAS, the City Council wishes to make application for the available grant funds for a permanent household hazardous waste collection facility, 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 22nd day of January, 2004. *14.G.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 to the Agreement for Engineering Services with HDR Engineering, Inc. for the 1998/1999 Water System Improvement 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 (`Contract") with HDR Engineering, Inc. for the 1998-1999 Water System Improvements, and WHEREAS, HDR Engineering, Inc. has submitted Amendment No. 4 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Amendment No. 4 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 anddirected to execute on behalf of the City Amendment No. 4 to the Agreement for Engineering Services with HDR Engineering, Inc. for a change in the scope of services, a copy of said amendment being attached hereto as Exhibit"A" and incorporated herein for all purposes. i 78 JANUARY 22, 2004 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 January, 2004. 14.G.3. Consider a resolution authorizing the Mayor to execute a contract with McLean Construction, Ltd. for the East Water Transmission Line Improvements Project, • Phase II. Tom Clark, Director of Utilities made the staff presentation. On January 13, 2004 staff received 13 bids for the East Water Transmission Line (Phase II) Improvements Project. The low bid was from McLean Construction, LTD at $2,535,734.90. The bids were reviewed and checked by HDR Engineering, Inc. on the City's behalf. Based on HDR Engineering's recommendation staff recommended approval of this resolution in the amount of $2,545,734.90. This resolution amount includes the possible $1,000.00 per day bonus for each day they beat the July 1, 2004 deadline for having potable water available to the Round Rock HEC Site with a cap of $10,000.00. The East Transmission Line will deliver water to the Southeast portion of the City and provide water for future development in the eastern quadrant of the City. Phase I waterline improvements was a 48-inch water line from the Water Treatment Plant to Barton Hill was completed earlier this year. Additionally, this project is required to meet the City's commitment to provide the necessary utility infrastructure to serve the Higher Education Center. The scope of work under this contract is to construct approximately 17,300 feet of 36-inch water line improvements along Chandler Road and FM 1460 to Old Settlers Drive at an estimated cost of $3,443,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the East Water Transmission Line Improvements Project, Phase II, and WHEREAS, McLean Construction, Ltd. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid. of McLean Construction; Ltd., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with McLean Construction, Ltd. for the East Water Transmission Line Improvements Project, Phase II. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 January, 2004. • NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight F 79 7ANUARY 22, 2004 Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.G.4. Consider a resolution authorizing the Mayor to execute an Agreement for Pass-through Wastewater Service with Williamson County Municipal Utility District No. 9 • (Vista Oaks) and Continental Homes of Texas. L.P. Tom Clark, Utilities Director made the staff presentation. Continental Homes, L.P. is developing the Preserve at Stone Oak Subdivision on the northwest side of the City. Water and wastewater service will be provided by the City. This agreement will allow for the use of the MUD No. 9 wastewater collection system to transport wastewater from the Preserve at Stone Oak Subdivision, which will go thru the existing Mayfield Ranch Subdivision and MUD No. 9, then back into the City's collection system at a cost savings. RESOLUTION NO. WHEREAS, Continental Homes of Texas, L.P. ("Continental") desires to obtain wastewater service from the City of Round Rock ("City") and to use the Williamson County Municipal Utility District No. 9 ("MUD No. 9") wastewater system to pass City wastewater service through to Continental's property, and WHEREAS, the City Council wishes to enter into an Agreement for Pass-Through Wastewater Service with Continental and.MUD No. 9, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Pass-Through Wastewater Service with Continental Homes of Texas, L.P. and • Williamson County Municipal Utility District No. 9, 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 January, 2004. KYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember.Pitt Councilmember Knight 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 8:07 p.m. R pectfully Submitted, e. Christine R. Martinez, City Secretary 80 JANUARY 29, 2004 The Round Rock City Council met in Executive Session on Thursday, January 29, 2004 in City Hall, 221 E. Main Street. CALL EXECUTIVE SESSION TO ORDER - 5:00 P.M. The Executive Session was called to order in the City Council Chamber. 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. EXECUTIVE SESSION: 3.A. Executive Session as authorized by X551.071 Government Code, to consult with the City's attorneys concerning pending litigation, to wit: Cause No. 02-784-C26, Cox Texas Newspaper, L.P., d/b/a/Austin American-Statesman vs. City, of Round Rock, Texas. The Council recessed to the third Floor Conference Room, Room 309, for the Executive Session. The Executive Session was called to order by Mayor Maxwell at 5:05 p.m. and adjourned the Executive Session at 6:50 p.m. The Council returned to the City Council Chamber for adjournment with no • discussion or action occurring. ADJOURNMENT: There being no discussion or further business, the meeting adjourned at 6:52 p.m. Re pectfully Submitted, Christine R. Martinez, City Secretary 81 FEBRUARY 12, 2004 The Round Rock City Council met on Thursday, February 12, 2004 in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE 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 Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 5551.071 Government Code, to consult with the City's attorneys concerning pending litigation, to wit: Cause No. 02-784-C26, Cox Texas Newspaper, L.P., d/b/a/Austin American-Statesman vs. City of Round Rock, Texas. The Council entered into Executive Session at 5:31 p.m. and adjourned at 5:46 p.m. CALL REGULAR SESSION TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE Boy Scout Troop 365 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: Tom Clark, Utility Director, gave a brief report on the recent water outage in the southeast quadrant of the City. Shirley Tynan, 3104 Pecan Crest Cove, presented the Council,with an Award of Excellence from the Americans for Nonsmokers' Rights for adopting a 100% Smokefree Workplace and Restaurant law. Frank Tighe, 1108 Cree,kview Drive thanked the Council for approving the no smoking ordinance for Round Rock. PROCLAMATIONS: 8.A. Consider proclaiming the week of February 12 - 22, 2004 as Sertoma National Freedom Week. Mayor Maxwell read the following proclamation and presented it to representatives of Sertoma. WHEREAS, we believe that man was endowed by his Creator with certain inalienable rights; and WHEREAS, we believe among those rights is that of Freedom; and WHEREAS, Sertoma International, a Civic Service Organization with the Motto "Service to Mankind," has adopted an annual "National Freedom Week" during Heritage Month dedicated to the reaffirmation of the values and responsibilities of man in a Free Society; and WHEREAS, the Sertoma Club of Round Rock plans to carry out special Bill of Rights, activities at many Round Rock Independent School District elementary schools during National Freedom Week; and 82 FEBRUARY 12, 2004 WHEREAS, it seems proper and fitting to accord official recognition to this patriotic movement, NOW, THEREFORE, We, the Round Rock City Council by virtue of the authority vested upon us as Mayor and Council members of the City of Round Rock, Texas, do hereby proclaim and designate the week of February 16 through 22, 2004 as "SERTOMA NATIONAL FREEDOM WEEK" and urge all the citizens of this City to support the objective of these days. In witness whereof, We have hereunto set our hand and caused the seal of the City of Round Rock to be affixed this 12th day of February 2004. PRESENTATIONS: 9.A.1. Consider a presentation on The Certificate of Achievement for Excellence in Financial Reporting award received by the City for the fiscal year ended September 30, 2002. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. The City of Round Rock has received The Certificate of Achievement for Excellence in Financial Reporting award for the fiscal year ended September 30, 2002. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents.a significant accomplishment by the City. The City's Comprehensive Annual Financial Report was submitted for review by an impartial panel and was deemed to meet the high standards of the program, including demonstrating a constructive "spirit of full disclosure". This award indicates to the City's citizens, bondholders, customers and other parties interested in the financial status of the City that the financial reporting and presentation meets defined, rigorous standards. Mr. Kautz introduced members of the Finance Department who made this award • possible. PUBLIC HEARINGS: 10.A.1. Consider public testimony regarding the application filed by the Perry 0. Mayfield Estate to rezone 4.86 acres of land from District PUD (Planned Unit Development) to District PF (Public Facility) Jim Stendebach, Planning Director made the staff presentation. The Zoning Ordinance requires church facilities in excess of 2,500 square feet of accessory uses to be zoned PF (Public Facilities). The Westside Church of Christ acquired this 4.86 acres subject tract, which was not included in the approved rezoning of PF (Public Facilities) of November 25, 2003. The tract is to provide access to Mayfield Ranch Boulevard and to accommodate future Church uses. Staff recommended approval of the zoning as long as the restrictive covenant currently recorded with the County is amended to include the subject tract. The covenant restricts the uses on the tract to church • uses only and restricts total square footage for all tracts of the Westside Church of Christ to 27,500 square feet. Should the Church wish to expand beyond the agreed 27,500 square feet, then a City approved Traffic Impact Analysis would be required. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 83 FEBRUARY 12, 2004 10.A.2. Consider public testimony regarding the application filed by Tom E. Nelson, Jr. to rezone 2.46 acres of land from District PUD (Planned Unit Development) to District PF (Public Facility). Jim Stendebach, Planning Director made the staff presentation. The Westside Church of Christ has acquired this 2.46 acres subject tract, which was not included in the approved rezoning of PF (Public Facilities) of November 25, 2003. The Zoning Ordinance requires church facilities in excess of 2,500 square feet of accessory uses to be zoned PF (Public Facilities). The tract is to provide access to Mayfield Ranch Boulevard and to accommodate future Church uses. Staff recommended approval of the zoning as long as the restrictive covenant currently recorded with the County is amended to include the subject tract. The covenant restricts the uses on the tract to church uses only and restricts total square footage for all tracts of the Westside Church of Christ to 27,500 square feet. Should the Church wish to expand beyond the agreed 27,500 square feet, then a City approved Traffic Impact Analysis would be required. . Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 10.A.3. Consider public testimony concerning proposed amendments to Chapter 11, Zoning, of the Round Rock Code of Ordinances (1995 Edition): amending Section 11.413(2) • to include Vehicle Repair Facilities and Body Shops as permitted uses in the District LI (Light Industrial) zoning district; amending Section 11.800 amending several definitions; and amending Appendix A, Summary Use Table to reflect permitted use amendments to date. Jim Stendebach, Planning Director made the staff presentation. The proposed amendments are to resolve a number of recurring issues staff has encountered since the adoption of the Zoning_Ordinance in May 2002. This is the second round of amendments staff has recommended to the City Council since adoption. Proposed amendments are as follows: • Add vehicle repair facilities and body shops as a permitted use with conditions in the Light Industrial (LI) district. • Break existing definition of Accessory Building/Structure into 2 categories to more easily distinguish between residential and non-residential accessory uses. • Expand existing definition of Place of Worship to more clearly distinguish between what facilities are considered to be part of the principle permitted use and what facilities are considered to be accessory uses. • Include a definition for"permanent building." • Expand the definition on "temporary building" to differentiate between the types of • temporary buildings permitted in the Zoning ordinance. • Amend the Summary Use Table (Appendix A) to accomplish (1) removing the note explaining that the Appendix is not adopted by ordinance, (2) add "Vehicle Repair Facilities and Body Shops" as a use permitted with standards.in the LI (Light Industrial) District, (3) add Waste Related Service as a use permitted with standards LI (Light Industrial) District and remove it from the I (Industrial) District. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. CONSENT AGENDA: I 84 FEBRUARY 12, 2004 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. Consider approval of the City Council minutes for the Regular Session of January 22, 2004 *14.C.4. Consider a resolution authorizing the Mayor to execute a Real Estate 0 Contract with Grace Josephine May and May Family Trust for a waterline easement for the proposed Higher Education Center Waterline Improvement Project. *14.C.5. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with May Family. L.P. for a waterline easement for the proposed Higher Education Center Waterline Improvement Project. *14.C.6. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with The Estate of Pearlie Organ for the purchase of right-of-way for the Downtown Streets Improvement Proiect. *14.C.7. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with T. H. Ritter for the purchase of right-of-way for the Downtown Streets Improvement Project. *14.C.8. Consider a resolution authorizing the Mayor to execute an engagement • letter with Paul Hornsby & Company for appraisal services for right-of-way acquisition for the proposed Avery Farms Wastewater Interceptor Transmission Line. *14.C.9. Consider a resolution authorizing the Mayor to execute an engagement letter with Paul Hornsby & Company for appraisal services for right-of-way acquisition for the proposed widening of CR 122 (Red Bud Lane). *14.D.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Espey Consultants, Inc. for the study of Onion Branch in the vicinity of The Hermitage. *14.D.3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Espey Consultants, Inc. for the Hester's Crossing Channel Improvements Project. *14.E.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Camp Dresser and McKee, • Inc. for the Phase I design of the Avery Farms Wastewater Interceptor. *14.E.4. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the 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 —i.f_,21it: 85 FEBRUARY 12, 2004 *14.E.7. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with HOT Inspection Services. Inc. for inspection services for the South 81 Elevated Storage Tank project. MOTION: Councilmember Coe moved to approve all items on 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. APPROVAL OF MINUTES: *12.A. Consider approval of the City Council minutes for the Regular Session of January 22, 2004. This item was approved under the consent agenda. ORDINANCES: 13.A.1. Consider an ordinance rezoning 4.86 acres of land from District PUD (Planned Unit Development) to District PF (Public Facility). (Westside Church of Christ) (First Reading) Jim Stendebach, Planning Director made the staff presentation. A public hearing was held earlier in the meeting for this item. The applicant has requested that the Council • only consider the first reading of the ordinance at this time. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 4.86 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO DISTRICT PF (PUBLIC FACILITY). 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. 13.A.2. Consider an ordinance rezoning 2.46 acres of land from District PUD (Planned Unit Development) to District PF (Public Facility). (Westside Church of Christ) (First Reading) Jim Stendebach, Planning Director made the staff presentation. A public hearing was held earlier in the meeting for this item. The applicant has requested that the Council only consider the first reading of the ordinance at this time. ORDINANCE NO. 86 FEBRUARY 12, 2004 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 2.46 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO DISTRICT PF (PUBLIC FACILITY). 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. 13.A.3. Consider an ordinance amending Chapter 11, Zoning, of the Round Rock Code of Ordinances (1995 Edition): amending Section 11.413(2) to include Vehicle Repair Facilities and Body Shops as permitted uses in the District LI (Light Industrial) zoning district; amending Section 11.800 amending several definitions; and amending Appendix A, Summary Use Table to reflect permitted use amendments to date. (First Reading) A presentation was made on this item during the public hearing. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.413, 11.802 AND APPENDIX A, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ADD `VEHICLE REPAIR FACILITIES AND BODY SHOPS" USE TO THE LIGHT INDUSTRIAL ZONING DISTRICT; AMEND THE DEFINITIONS OF "PLACE OF WORSHIP" AND "TEMPORARY BUILDING," DELETE "ACCESSORY BUILDING/STRUCTURE" AND ADD "ACCESSORY BUILDING/STRUCTURE (NON- RESIDENTIAL)," ACCESSORY BUILDING/STRUCTURE (RESIDENTIAL)" AND "PERMANENT BUILDING"; AMENDING APPENDIX A - SUMMARY USE TABLE BY DISTRICT; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 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. MOTION: Councilmember Pitt moved to dispense with the second reading of the • ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember 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. 87 FEBRUARY 12, 2004 13.A.4. Consider an ordinance amending Cha ter 3 Section 3.1408 of the Round Rock Code of Ordinances (1995 Edition) amending the regulations for signs, posters and outdoor advertising prohibited in public rights-of-way. (First Reading) Jim Stendebach, Planning Director made the staff presentation. This amendment eliminates the 14-day holding period for signs removed from the right of way. This will reduce the cost of • enforcement of the ordinance. The new Kiosk sign program provides an alternate method of directing the public to new housing developments. This will result in the strict enforcement of the City "Bandit Sign" regulations. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 3, SECTION 3.1408 SIGNS, POSTERS AND OUTDOOR ADVERTISING PROHIBITED IN PUBLIC RIGHTS-OF-WAY; AND 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. MOTION: Councilmember Rhode 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 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.B.1. Consider an ordinance granting a franchise to Accurate Disposal, Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock (First Reading). Cindy Demers, Finance Directormade the staff presentation. • The Council adopted Ordinance No. 2601, which requires all commercial garbage haulers doing business within the City to pay a 10% franchise fee on their gross revenues generated in the City to assist with funding repair and maintenance of City streets. Accurate Disposal has requested a franchise to operate in the City. This ordinance grants Accurate Disposal a five-year franchise to operate a commercial garbage hauling service in the City. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO ACCURATE DISPOSAL, INC. TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE 8 .8 FEBRUARY 12, 2004 FEES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.B.2. Consider an ordinance granting a franchise to BFI, Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock (First Reading). Cindy Demers, Finance Director made the staff presentation. The Council adopted Ordinance No. 2601, which requires all commercial garbage haulers doing business within the City to pay a 10% franchise fee on their gross revenues generated in the City to assist with funding repair and maintenance of City streets. The existing franchise ordinance with BFI, Inc. has expired. This ordinance updates the BFI franchise agreement and grants a five-year franchise to operate a commercial garbage hauling service in the City. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO BFI TO ENGAGE IN THE COLLECTION OF • SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS;' ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING 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. 13.B.3. Consider an ordinance granting a franchise to Central Texas Refuse, Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock (First Reading). Cindy Demers, Finance Director made the staff presentation. The Council adopted Ordinance No. 2601 which requires all commercial garbage haulers • doing business within the City to pay a 10% franchise fee on their gross revenues generated in the City to assist with funding repair and maintenance of City streets. The existing franchise ordinance with Central Texas Refuse, Inc. has expired. This ordinance updates the franchise agreement and grants Central Texas Refuse, Inc. a five-year franchise to operate a commercial garbage hauling service in the City. ORDINANCE NO. FEBRUARY 12, 2004 AN ORDINANCE GRANTING A FRANCHISE TO CENTRAL TEXAS REFUSE, INC. TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING 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. 13.B.4. Consider an ordinance granting a franchise to IESI Corporation-South to engage in the business of collecting refuse from commercial establishments in the City of Round Rock (First Reading). Cindy Demers, Finance Director made the staff presentation. The Council adopted Ordinance No. 2601 which requires all commercial garbage haulers doing business within the City to pay a 10% franchise fee on their gross revenues generated in the City to assist with funding repair and maintenance of City streets. IESI Corporation- South requested a franchise to operate in the City. This ordinance grants IESI a five-year franchise to operate a commercial garbage hauling service in the City. • ORDINANCE NO. AN ORDINANCE GRANTING .A FRANCHISE TO IESI CORPORATION — SOUTH TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING 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. 13.B.5. Consider an ordinance granting a franchise to Texas Disposal Systems, Inc. • to engage in the business of collecting refuse from commercial establishments in the City of Round Rock (First Reading). Cindy Demers, Finance Director made the staff presentation. The Council adopted Ordinance No. 2601 which requires all commercial garbage haulers doing business within the City to pay a 10% franchise fee on their gross revenues generated in the City to assist with funding repair and maintenance of City streets. The existing franchise ordinance with Texas Disposal Systems, Inc. has expired. This ordinance updates FEBRUARY 12, 2004 the franchise agreement and grants Texas Disposal Systems, Inc. a five-year franchise to operate a commercial garbage hauling service in the City. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO TEXAS DISPOSAL SYSTEMS, INC. TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING 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 Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.B.6. Consider an ordinance granting a franchise to Waste Management of Texas, Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock (First Reading). Cindy Demers, Finance Director made the staff presentation. The Council adopted Ordinance No. 2601, which requires all commercial garbage haulers doing business within the City to pay a 10% franchise fee on their gross revenues generated in the City to assist with funding repair and maintenance of City streets. • The existing franchise ordinance with Longhorn Disposal has expired. This ordinance updates the franchise agreement and grants Waste Management, formerly Longhorn Disposal, a five-year franchise to operate a commercial garbage hauling service in the City. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO WASTE MANAGEMENTS OF TEXAS, INC., TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE,MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING 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 Nays: None ACTION: The motion carried unanimously. 13.C.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in 0.099 acres of land and a drainage easement interest in 0.123 acres of land for the proposed Downtown Streets Improvement Project and if of land for the Downtown Streets Improvement Project and if necessa� authorizing the City Attorney to initiate eminent domain authorizing the City initiate eminent domain authorizing Reading). Steve 9 1 FEBRUARY 12, 2004 Sheets, City Attorney made the staff presentation. This ordinance will allow the City Attorney to initiate eminent domain proceedings, if necessary, to acquire the necessary property interests so that the downtown streets improvement project can be completed. The construction of this project will accommodate new development and update public services the City. The acquisition of this 0.099-acre tract and 0.123 acre drainage • easement is necessary for the proposed Downtown Streets Improvement Project. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF 0.099 ACRE, AND A DRAINAGE EASEMENT INTEREST IN 0.123 ACRE; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE DOWNTOWN STREETS IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember 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. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: 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 dispensed with the order of the agenda and addressed the following item. ACTION RELATIVE TO EXECUTIVE SESSION: • 16.A. Consider discussion and/or.action-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. Steve Sheets, City Attorney made the staff presentation. The City has been involved in this lawsuit for over a year with the Austin American Statesman. Approval of this resolution would dismiss the lawsuit and if Mayor Maxwell read a prepared statement. RESOLUTION NO. 92 FEBRUARY 12, 2004 WHEREAS, on or about December 31, 2002, the Austin American-Statesman filed suit against the City of Round Rock in Cause No. 02-784-C26; Cox Texas Newspapers, L.P., d/6/a/Austin American-Statesman vs. City of Round Rock, Texas, alleging that the City violated Section 551.074 of the Texas Open Meetings Act by making a final action, decision, and/or vote concerning the selection of a City Manager while in executive session and by failing to provide the public sufficient notice of the subject matter,of the City's December 19, 2002 meeting, and WHEREAS, the parties have agreed to settle the disputes that have arisen between them pertaining to the lawsuit and the violations and claims alleged therein, and WHEREAS, the City and the Austin American-Statesman desire to enter into a Settlement Agreement in regards to this matter, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Settlement Agreement with the Austin American-Statesman, 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 February, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. At this point, Mayor Maxwell read the attached statement (Exhibit"A") RESOLUTIONS: 14.A.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County for sharing resources related to the use of the Automated Teleohone Notification (9-1-1) System. . This item was withdrawn from the agenda at the request of staff. 14.B.1. Consider a resolution authorizing the Mayor to execute an agreement with The Perryman Group for a sales tax economic impact study. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. The Streamline Sales Tax Project (SSTP), a coalition of states working to simplify sales tax rules nationwide and • facilitate taxation of remote sales, requires that states adopt rules that source retail sales for delivered merchandise to the point of destination. Texas and its local taxing jurisdictions currently operate under rules that source sales for merchandise to the point of origin. Staff believes that it is important to retain a prominent economist and conduct an economic impact study. Reasons for conducting a study include: a. The study would provide-expert analysis and presentation on the detrimental effects on Round Rock of a sourcing rules change. 93 FEBRUARY 12, 2004 b. The study would be used to fill in any omissions of a study being conducted by the state comptroller that are important to Round Rock. C. The study would further support and strengthen testimony and information Round Rock is to provide to state legislators. A change to point-of-destination tax collection rules would have grave financial consequences for the City of Round Rock because its largest retailers deliver virtually all of their merchandise to consumers who are at locations outside of the city. More than $20 • million in annual sales tax collections by the City are at risk if the sourcing rules are changed. Round Rock has collaborated with and proposes to share the costs of this study with the Coalition for Appropriate Sales Tax Law Enactment, a small group of Texas cities who are also adversely affected by a sourcing rules change. The cost of this study would be $43,700 plus direct expenses (1/2 of$87,400). RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain consulting services for a sales tax economic impact study, and WHEREAS, The Perryman Group has submitted an engagement letter to provide said services, and WHEREAS, the City Council desires to enter into said engagement letter with The Perryman Group, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an engagement letter with The Perryman Group for consulting services for a sales tax economic impact study, 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 February, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas 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. 14.C.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with FM 1460 Partners, Ltd. for the purchase of right-of-way for the Highway 79 Expansion Project. Steve Sheets, City Attorney made the staff presentation. The purchase of this property would increase east-west mobility in the northern part of Round Rock. The appraised cost of this contract is $266,767. . RESOLUTION NO. WHEREAS, the City desires to purchase a 0.5974 acre tract of land for additional right-of-way for the Highway 79 Improvement Project, and 9 `4 FEBRUARY 12, 2004 WHEREAS, FM 1460 Partners, Ltd., the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with FM 1460 Partners, Ltd., for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.C.2. Consider a resolution authorizing the Mayor to execute a Real Estate • Contract with 54 Acres, Ltd. for the purchase of right-of-way for the Highway 79 Expansion Proiect. Steve Sheets, City Attorney made the staff presentation. The purchase of this property would increase the east west mobility in the northern part of Round Rock. The cost of this purchase is $695,000, which is 7% more than the appraised price. RESOLUTION NO. WHEREAS, the City desires to purchase a 2.280 acre tract of land for additional right-of-way for the Highway 79 improvement project, and WHEREAS, 54 Acres, Ltd., the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with 54 Acres, Ltd., for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as • amended. RESOLVED this 12th day of February, 2004. KYLE 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: Mayor Pro-tem Nielson Councilmember McGraw v, EXHIBIT"A" Statement by the Round Rock City Council On December 19, 2002, the Round Rock City Council met in executive session to deliberate and discuss the appointment of a new City Manager. Following that meeting, the Statesman contended that a violation of the Texas Open Meetings Act had occurred and filed a lawsuit against the City. To emphasize the City's and the Statesman's continued commitment to open government, the parties have decided to settle the lawsuit and the City to issue this public statement. The Texas Open Meetings Act requires that a final action, decision, or vote on a matter that has been deliberated in a closed meeting be made in an open meeting. During the six hours of executive session, the Councilmembers did indicate their preferences for certain candidates on a paper ballot and through an oral poll. The Statesman contends that these types of activities violate the Open Meeting laws. Conversely, the City contends that the manner in which they were taken did not violate the Open Meeting laws. Rather than continue with time-consuming and expensive litigation, the City Council has agreed to make public its sworn answers to interrogatories submitted by the Statesman and to invite each citizen to review the facts and decide for themselves. The City acknowledges that the use of paper ballots and oral polls may create an (�l appearance of a violation of Open Meeting laws. The City acknowledges the vital role that open government plays and agrees that it will remain committed to open government, including the Texas Open Meetings Act and the Public Information Act, as well as the participation of the public in the meetings of the City. With the counsel .of the City Attorney, the City Council will not take a final action, decision, or vote while in executive session whether by paper ballot or otherwise. It is important for the government to embrace open government in our society. Working with public participation and knowledge is ultimately for the good of all citizens committed to democratic ideals. The City of Round Rock supports this goal, and will do all possible to ensure that citizens are fully informed participants in the governmental process and that it abides by the Texas Open Meetings Act. Nyle Maxwell, Mayor r 63237 No Text 95 FEBRUARY 12, 2004 Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.C.3. Consider a resolution authorizing the Mayor to execute a Real Estate • Contract with the Church of Christ of Round Rock for the purchase of right-of-way for the Highway 79 Expansion Project. Steve Sheets, City Attorney made the staff presentation. The purchase of this property would allow for the acquisition of right of way for the improvement and widening of Highway 79. The cost of this purchase is $238,998.00.' RESOLUTION NO. WHEREAS, the City desires to purchase a 1.276 acre tract of land for additional right-of-way for the widening and improvement of US Highway 79, and WHEREAS, the Church of Christ of Round Rock, 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 the Church of Christ of Round Rock, 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 February, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14.C.4. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Grace Josephine May and May Family Trust for a waterline easement for the • proposed Higher Education Center Waterline Improvement Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a waterline easement interest in a 0.434 acre tract of land (Parcel 4) for the HEC waterline project, and WHEREAS, Grace Josephine May and the May Family Trust, the owners of the properties, 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 Grace Josephine May and the May Family Trust, 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. 96 FEBRUARY 12, 2004 The City Council hereby finds and declares that written notice of the date, hour, lace and subject of the P ) meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 February, 2004. *14.C.5. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with May Family, L.P. for a waterline easement for the proposed Higher Education • Center Waterline Improvement Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a waterline easement interest in a 0.142 acre tract of land (Parcel 5), and a 0.582 acre tract of land (Parcel 6) for the HEC waterline project, and WHEREAS, May Family, L.P., the owner of the properties, 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 May Family, L.P., 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 February, 2004. *14.C.6. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with The Estate of Pearlie Organ for the purchase of right-of-way for the Downtown • Streets Improvement Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.047 acre tract of land for additional right-of-way for the Downtown Streets Improvements Project, and WHEREAS, the Estate of Pearlie Organ, 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 the Estate of Pearlie Organ, 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 February, 2004. *14.C.7. Consider a resolution authorizing the Mavor to execute a Real Estate Contract with T. H. Ritter for the purchase of right-of-way for the Downtown Streets • Improvement Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.007 acre tract of land for additional right-of-way for the Downtown Streets Improvements Project, and WHEREAS, T. H. Ritter, 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 T. H. Ritter, for the purchase of the above described property, a r 97 FEBRUARY 12, 2004 copy of said Real Estate Contract being attached hereto as Exhibit"A" and incorporated herein for allur oses. P P The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 2004. • *14.C.8. Consider a resolution authorizing the Mayor to execute an engagement letter with Paul Hornsby & Company for appraisal services for right-of-way acquisition for the proposed Avery Farms Wastewater Interceptor Transmission Line. 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 proposed Avery Farms Wastewater Interceptor Transmission Line, and WHEREAS, Paul Hornsby & Company has submitted an engagement letter to provide said services, and WHEREAS, the City Council desires to enter into said engagement letter 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 an engagement letter with Paul Hornsby & Company- for appraisal services regarding the acquisition of right-of-way for proposed Avery Farms Wastewater Interceptor Transmission Line, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 2004. *14.C.9. Consider a resolution authorizing the Mayor to execute an engagement letter with Paul Hornsby & Company for appraisal services for right-of-way acquisition for the proposed widening of CR 122 (Red Bud Lane). 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 proposed widening of CR 122 (Red Bud Lane), and WHEREAS, Paul Hornsby & Company has submitted an engagement letter to provide said services, and WHEREAS, the City Council desires to enter into said engagement letter with Paul Hornsby & Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF,R,O,UND ROCK, TEXAS, That the Mayor is hereby authorized and directed to `execute on behalf of the City an • engagement letter with Paul Hornsby & Company for appraisal services regarding the acquisition of right-of-way for proposed widening of CR 122 (Red Bud Lane), 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 February, 2004. 14.D.1. Consider a resolution authorizing the Mayor to execute a contract with Chasco Contracting for the Shaded Way Drainage Improvements Project. Tom Word, Chief 9 Q Q _ !V FEBRUARY 12, 2004 of Public Works Operations made the staff presentation. The City of Round Rock annexed the Oak Bluff Estates Phase 2 area as an existing subdivision in February of 1993. The current Subdivision Ordinance requires that the Storm Water Collection Systems have the capacity to collect and convey the runoff from a 25=year storm. The resident of 13 Shaded Way in the Oak Bluff Estates subdivision contacted the City about being flooded multiple times in recent years. Based on their concerns, the Engineering Staff performed a storm • water flows analysis. This study found that the Shaded Way Storm Water Collection and Conveyance System was not appropriately designed to carry the runoff from a 25-year storm. Construction bids were opened on December 23, 2003. There were five bidders for the project, with Chasco submitting the low bid of$114,411.00. There was a public meeting with the residents in the impacted area of the project at 5:30 PM, December 2, 2004. Responses from the residents showed an interest in the project, cooperation during construction, and willingness to perform supplemental improvements on private property to assure the success of the project. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Shaded Way Drainage Improvements Project, and WHEREAS, Chasco Contracting, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Chasco Contracting, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Chasco Contracting, Inc. for the Shaded Way Drainage Improvements Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 2004. KYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14.D.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Espey Consultants, Inc. for the study of Onion Branch in the vicinity of The Hermitage. This item was approved under the consent agenda. RESOLUTION NO. FEBRUARY 12, 2004 WHEREAS, the City of Round Rock desires to retain engineering services for the study of Onion Branch in the vicinity of The Hermitage, and WHEREAS, Espey Consultants, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with 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 a Contract for Engineering Services with Espey Consultants, Inc. for the study of Onion Branch in the vicinity of The Hermitage, 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 12th day of February, 2004. cr— *14.D.3. Consider a resolution authorizina the Mayor to execute a Contract for Engineering Services with Espey Consultants, Inc. for the Hester's Crossing Channel Improvements Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Hester's Crossing Channel Improvements Project, and WHEREAS, Espey Consultants, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with 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 a Contract for Engineering Services with Espey Consultants, Inc. for the Hester's Crossing Channel Improvements Project, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby.finds and declares that Written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 2004. 14.D.4. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum and a Post-Proposal Negotiated Amendment with C.P. Snider Construction Co., Inc. for the construction of the Senior Activity Center and underground Parking Garage. Larry Madsen, Construction Manager made the staff presentation. C.P: Snider Construction Co., Inc. was selected with the best proposal for the Senior,Activity Center.&.Parking. Garage. The City, Spencer Godrfey Architects and C.P. Snider Construction 'reviewed the project and after • value engineering considerations and review, project costs were lowered to meet the GO Bond budget for the project. The construction of the Senior Activity Center will meet the demands of the growing population. The Project will be built within the budget allowed in G.O. Bond package. The cost of this agreement is $5,795,226. RESOLUTION NO. WHEREAS, the City of Round Rock has previously determined in Resolution No. R-03- 03-27-9G3 that"Competitive Sealed Proposal" is the delivery method which provides the best value for the City for construction of the Senior Activity Center and Underground Parking Garage, and FEBRUARY 12, 2004 WHEREAS after advertising s ng for and receiving proposals from offerors the City of Round Rock determined in Resolution No. R-03-12-04-8C2 that C.P. Snider Construction Co., Inc. is the offeror which offers the best value for the City, and WHEREAS, Texas Local Government Code §271.116(f) allows the City and its architect to "discuss with the selected offeror options for a scope or time modification and any price change associated with the modification", and WHEREAS, such post-proposal negotiations were held and did result in certain changes to scope and price changes associated with such modifications, and WHEREAS, the City Council now wishes to enter into a "Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with C.P. Snider Construction Co., Inc., and wishes to enter into a "Post-Proposal Negotiated • Amendment" with C.P. Snider Construction Co., Inc. outlining the above-referenced changes and modifications, Now Therefore BE IT RESOLVED BY THE 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 Contractor Where the Basis of Payment is a Stipulated Sum" with C.P. Snider Construction Co., Inc. and a "Post-Proposal Negotiated Amendment" with C.P. Snider Construction Co., Inc. for construction of the Senior Activity Center and Underground Parking Garage, copies of same being attached hereto as Exhibit "A" and Exhibit"B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 February, 2004. KYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded,the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None , ACTION: The motion carried unanimously. 14.D.5. Consider a resolution authorizing the Mavor to execute a Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum and a Post-Proposal Negotiated Amendment with Royce Construction Inc for the construction of Fire Station No. 6. Larry Madsen, Construction Manager made the staff presentation. Fire Station #6 will be located at 2919 Joe Dimaggio Boulevard to provide fire protection for Highway 79 and Old Settlers area of Round Rock. The cost of this agreement is $1,264,754. Royce Construction was selected with the best proposal for the fire station • project. The City, Opus 3 Architects, and Royce Construction reviewed the project and after value engineering considerations and review, the project costs were lowered to meet G.O. Bond budgets for the project. RESOLUTION NO. WHEREAS, the City of Round Rock has previously determined in Resolution No. R-03- 07-24-11G2 that"Competitive Sealed Proposal" is the delivery method which provides the best value for the City for construction of Fire Station No. 6 to be built at 2919 Joe Dimaggio Boulevard, and ., r* 10 .1 FEBRUARY 12; 2004- WHEREAS, 004WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determined in Resolution No. R-03-12-18-8F3 that Royce Construction Co., Inc. is the offeror which offers the best value for the City, and WHEREAS, Texas Local Government Code §271.116(f) allows the City and its architect to "discuss with the selected offeror options for a scope or time modification and any price change associated with the modification", and WHEREAS, such post-proposal negotiations were held and did result in certain changes to scope and price changes associated with such modifications, and WHEREAS, the City Council now wishes to enter into a "Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with • Royce Construction Co., Inc., and wishes to enter into a "Post-Proposal Negotiated Amendment" with Royce Construction Co., Inc. outlining the above-referenced changes and modifications, Now Therefore BE IT RESOLVED BY THE 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 Contractor Where the Basis of Payment is a Stipulated Sum" with Royce Construction Co., Inc. and a "Post-Proposal Negotiated Amendment" with Royce Construction Co., Inc. for construction of Fire Station No. 6 to be built at 2919 Joe Dimaggio Boulevard, copies ofsame being attached hereto as Exhibit"A" and Exhibit"B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 February, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas 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. 14.E.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with RJN Group, Inc. for the 2003-2004 Wastewater Collection System Rehabilitation of three Edwards Aquifer Basins. Tom Clark, Director of Utilities made the staff presentation. In September 2002, RJN Group was retained by the City to conduct an Inflow & Infiltration (I&I) Study of Basins LC15-Z, LC16-Z and CC34-Z. The scope of services consisted of intensive survey activities including manhole inspection, smoke • testing, dyed water flooding, and internal television inspection. At the completion of the evaluation study in January 2004, a recommended plan to reduce I&I during a 5-year storm event and to reduce maintenance repairs in the three basins was prepared by RJN. This contract is to develop construction plans for rehabilitating the wastewater collection system in the three basins. The schedule of repairs includes 4,943 linear feet of line replacement, 125-point repairs, and repair of 351 manholes. Approximately 1,116,000 gallons per day of I&I will be eliminated with the completion of the project. The estimated construction cost is $1,204,715. The City is required to continue this program in order to comply with the 102 FEBRUARY 12, 2004 TCEQ's Edwards Aquifer Recharge Zone Protection Program requirements. The elimination of defects will reduce inflow and infiltration entering the City's Wastewater collection system, thereby reducing the City's treatment cost to the LCRA and BRA, who own and operate the Brushy Creek Regional Wastewater Treatment Plant. The cost of this contract is $211,137. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain engineering services for the 2003-2004 Wastewater Collection System Rehabilitation of three Edwards Aquifer Basins, and WHEREAS, RJN Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with RJN Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with RJN Group, Inc. for the 2003-2004 Wastewater Collection System Rehabilitation of three Edwards Aquifer Basins, 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 12th day of February, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ Cit Secretary rY MOTION: Councilmember Knight moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.E.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with S.D. Kallman. L.P. for the design of a 12 inch water line from South Mays Street to Gattis School Road. Tom Clark, Director of Utilities made the staff presentation. This proposal is to construct a 12-inch water line along the North right-of-way line of Gattis School Road, generally running between Lawnmont Drive, to the East, and • South Mays Street, to the West. This water line will be approximately 2,000 feet in length to enable the City to use more ground water and operate the water system more economical. The completion of this project will allow better use of ground water from our Lake Creek Well Site and Pump Station to the Southeast quadrant of the City. The estimated construction cost is $156,000.00. Staff received Statements of Qualification for Engineering Service from five engineering firms to perform the work. The cost of this contract is $25,400.00. 1 ,03 FEBRUARY 12, 2004- RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of a 12 inch water line from South Mays Street to Gattis School Road, and WHEREAS, S.D. Kallman, L.P. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract 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 a Contract for Engineering Services with S.D. Kallman, L.P. for the design of a 12 inch water line from South Mays Street to Gattis School Road, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas 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 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 Mayor to execute Supplemental Agreement No. 2,Ao the Agreement for Engineering Services with Camp Dresser and McKee Inc. for the Phase I design of the Avery Farms Wastewater Interceptor. 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 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. 2 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. 2 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. 2`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 12th day of February, 2004. *14.E.4. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Camp Dresser & McKee for 104 FEBRUARY 12, 2004 Phase I design of the relocation of a 30" raw water line at SH 29 and CR 265 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 Camp Dresser and McKee, Inc. for the design of the relocation of a 30" raw water line at SH 29 and CR 265, 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 12th day of February, 2004. 14.E.5. Consider a resolution authorizing the Mayor to execute a Contract for Surveying Services with Ralph Harris Surveyor, Inc. to update the City's GPS (HARN) Control Network, Phase II. Tom Clark, Director of Utilities made the staff presentation. The City has 41 GPS monuments used to tie survey data to the City's GIS system for construction projects and new development. Council approved a contract with Ralph Harris Surveyor in April 2002 for $16,800.00 to establish and survey azimuth monument locations. • The City then installed the monuments and this work will certify the locations of the installations. The cost for the services is $4,800 that is included in the original $16,800 contract amount. This contract will consist of professional services to establish a pair of azimuth marks at each of the 41-GPS (HARN) Network Monument Sites. In addition, these services include integrating this data into the City's Phase I, HARN Network information. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain surveying services to update the City's GPS (HARN) Control Network, Phase II, and WHEREAS, Ralph Harris Surveyor, Inc. has submitted a Contract for Surveying Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Ralph Harris Surveyor, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is herebyauthorized and directed to execute on behalf of the Ci a City Contract for Surveying Services with Ralph Harris Surveyor, Inc., to update the City's GPS (HARN) Control Network, Phase II, 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 12th day of February, 2004 NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 10 .5 FEBRUARY 12, 2004 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.E.6. Consider a resolution authorizing the Mayor to execute a Water Supply Agreement with the Manville Water SuPely Corporation. Tom Clark, Director of Utilities made the staff presentation. Manville Water Supply Corporation has an emergency water supply agreement with the City. Manville is in the process of installing improvements to serve its customers near the Southeast portion of the City and is in need of an interim water supply for 2-years until the improvements are in place. Manville will pay outside city rates and the usage will have little impact to the City's supply. This will generate approximately $38,000 annually. This agreement will provide an interim water supply for a portion of Manville's service area for up to a 2-year period. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") and Manville Water Supply Corporation • ("Corporation") have previously entered into a Water Contract dated August 4, 1988 ("Prior Agreement"), and WHEREAS, the City and the Corporation now wish to replace the Prior Agreement, and WHEREAS, the City owns and operates a potable water supply system and is authorized to provide water service outside its corporate limits, and WHEREAS, the Corporation desires to purchase water service from 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 Water Supply Agreement with the Manville Water Supply Corporation, 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 matterhereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas 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. 106 (FEBRUARY 120 2004 *14.E.7. Consider a resolution authorizing V DD the Mayor to execute Su lemental Agreement No. 1 with HOT Inspection Services, Inc. for inspection services for the South 81 Elevated Storage Tank project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an inspection proposal with HOT Inspection Services, Inc. for inspection services for the South 81 Elevated Storage Tank project, and WHEREAS, HOT Inspection Services, Inc. has submitted Supplemental Agreement • No. 1 to the inspection proposal to amend the fee due to project delays from the construction contractor, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with HOT Inspection Services, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Inspection Proposal with HOT Inspection Services, 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 12th day of February, 2004. NEW BUSINESS: 15.A. Consider discussion and action on the proposal to amend Section 5.01 of the Round Rock Home Rule Charter to allow the City Council to change the City election date. Jim Nuse, City Manager made the staff presentation. This action would place an item on the • May Charter ballot, which would provide flexibility for the City to consider such an action. Recently, the School District considered the advantage of moving their election from May to November as allowed by State law. The City and School District have held joint elections for many years to simplify the voting process and reducing costs. MOTION: Councilmember Rhode moved to approve the proposal to amend the Charter. 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. ACTION RELATIVE TO EXECUTIVE SESSION: • 16.A. Consider discussion and/or action 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. This item was addressed earlier in the meeting. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:40 p.m. R spectfully Submitted, Christine R. Martinez, City Secr tary 7 10 FEBRUARY 18, 2004 The Round Rock City Council met in a Work Session on Wednesday, February 18, 2004 at the United Heritage Center, Brushy Creek Room 3400 Palm Valley Boulevard, Round Rock, Texas. CALL WORK SESSION TO ORDER - 8:00 A.M. The work session was called to order at 8:09 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, Cindy Demers, Finance Director, Joe Vining, Executive Director of Community Development, Tom Word, Chief of Public Works Operations, Lynn Bizzell, Fire Chief, Paul Conner, Chief of Police, Sharon Prete, Parks and Recreation Department, Will Hampton, Communications Director, Tom Clark, Water and Wastewater Utility Director, Tom Martin, Director of Transportation, Teresa Bledsoe, Human Resources Director, Dale Ricklefs, Library Director, and Nancy Yawn, Convention and Visitors Bureau Director. WORK SESSION: 3.A. Consider opening remarks by the City Manager. • Jim Nuse, City Manager reported that staff has received preliminary result of survey that was conducted and the results show that the City is headed in the right direction. Improvements are being shown across board. Mr. Nuse outlined the agenda for the day. David Kautz, Assistant City Manager reported that staff is beginning the budget process for 2004-2005. Items that are being looked at are financial issues, property tax, sales tax importance, strategy of revenue sources, borrowing, utility system, general revenue, long-term implications, and long term projects. 3.B. Consider a presentation and discussion regarding legal services provided to the City. Steve Sheets, City Attorney introduced members of his staff and briefly outline the duties of the legal department. Each paralegal and attorneys summarized their responsibilities with the City. Shelley Gonzales, Paralegal, drafts resolutions, ordinances, reviews contracts and • updates the Code of Ordinances. Laura Levinson, Paralegal, is responsible for acquisitions of right-of-way and property for the City. Don Childs, Attorney is also responsible for acquisitions of right-of-way and property for the City. Susan Camp-Lee, Attorney is responsible for Municipal Court, supports the Police Department, Human Resources Department, open records requests, code enforcement and EOC cases. 108 FEBRUARY 18, 2004 J Kay Gayle, Attorney, is responsible for Administration, City Council, Finance Department, Purchasing, large contracts, franchise agreements, elections, negotiates and drafts professional and personal services agreements, and miscellaneous agreements. The two primary responsibilities is working with Larry Madsen, Construction Manager on producing vertical/ large building contracts and all easements that are not received through purchase or condemnations. • Barbara Boulware-Wells is responsible for the Library, Fire Department, and Utilities Department. She also drafts various ordinances as directed and supports the Building Standards Commission, she also assists with litigaI tion, EOC hearings, is the backup for Municipal Court, open records, assisted with the solicitations ordinances, smoking litigation, strategic plan, noise ordinance, reorganization of code, emergency management, and records retention. Veronica Rivera, Attorney, supports the Planning and Community Development , Parks and Recreation Department, is responsible for making sure the proper public notices are drafted, addresses zoning, real estate, deeds, easements, plat notes, ordinances agreements, wrecker ordinance, food establishment ordinance, also helps support the Utility Department, helps with zoning cases, subdivision ordinance, protected tree ordinance, Manufactured Housing ordinance, water agreements, and Pedernales franchise agreement. Charlie Crossfield, Attorney was not present but Mr. Sheets reported that Mr. • Crossfield is primary responsible for the Planning and Zoning Commission and helps Mr. tk Sheets with special projects. Steve Sheets outlined his responsibilities with the City. He added that he has represented the City for 27 years. 3.C. Consider a presentation and discussion regarding the Alternative Delivery System methods for the construction of city buildings. Jim Nuse outlined process that is taken for projects. ] Kay Gayle, Attorney outlined the legal process that is followed for these projects. The Council asked for clarification on the type of scope that can only be used for specific alternative delivery system. Larry Madsen, Construction Liaison Manager outlined the matrix of the project delivery methods and gave a brief overview of each method. He also gave a brief overview • of the following: Completed Projects • McConico Building - Competitive Sealed Proposal Building. • Old Settlers Soccer Fields_- Construction Manager-at-Risk. Current Projects: • Dell Diamond Renovations - Construction Manager-at-Risk • Senior Activity Center - Competitive Sealed Proposal • Fire Station No. 6 - Competitive Sealed Proposal 109 FEBRUARY 18, 2004 . Mr. Madsen explained the process the selection committee utilizes and the scoring sheet that is used to determine the final ranking. At the request of the Council staff discussed the scoring methodology. Mayor Maxwell suggested that the questions should have a specific point to provide the formula for scoring. Subjectivity was a concern in the process of scoring. • Councilmember Rhode suggested that maybe two scoring sheets were needed. Mr. Nuse informed the Council that staff would establish criteria for the scoring prior to bring back the next projects. Councilmember Coe noted that it should not be forgotten that step one is a huge part of the process. Mr. Madsen proceeded to give an overview of the following. Future Proiects • Fire Station No. 2 - Staff recommendation for this project is for a Competitive Sealed Proposal • Police Station - Staff does not have a recommendation for this project just yet but Competitive Sealed Proposal may be the way that this project will go. Chief Conner gave a brief history of the Police Station project. Hal Sargent with Brinkley Sargent was present. He helped with the design process of the Police Station. Chief Conner presented the schematic design for the Police Station. Mr. • Sargent explained why a Police Station is an expensive building. Mayor Maxwell asked if staff was taking into consideration that Round Rock is moving from a rural setting to an urban setting. Chief Conner said that staff is looking at the concept of substations with.possible joint use with Fire Stations. 3.D.Consider a presentation and discussion regarding the following financial topics: 3.D.1. General Obligation Bond Projects Tom Word gave a briefly overview of the G.O. Bond projects and how the are managed. He also outlined the budget analysis that will be used. He added that each particular project would be updated on a quarterly basis. As a note $225 million worth of s projects will be completed in the next three years. Cindy Demers, Finance Director provided information regarding the Cash Flows for the second G.O. Bond Issuance. S.he outlined the Property Tax Backed Principal and Interest • Payments on Debt graph and gave the following recap on the projects. Recap • Originally anticipated issuing $29 million in 2004 • Project Management and Cash Flows • Projects on schedule • Option to issue smaller amount in 2004 • Resize 2006 issuance David Kautz outlined the various scenarios on the impact of the bonds. In 2001 when voters authorized issuance, staff created timeline. 110 FEBRUARY 18, 2004 • Projects are on schedule, there are reasons on how and when we borrow money. • Questions that staff has looked at are What are the cash flow implications? How the market looks? • Only what we need is borrowed • Always looking what the market is dictating. • The tracking is helping with the cash flow. • Projects are not being delayed because of a potential impact of the tax rate. • Projects can be moved up if the Council desires due to the tracking, we will not need to follow the original schedule. • • Staff will look at the budget implications on any of the projects in the 2nd and 3rd issuance and will determine if these projects can be moved forward. Councilmember Rhode asked if there was currently enough staff to complete those projects. Mr. Nuse responded that this is one thing that is being looked at. 3.D.2. Utility Capital Improvement Program Tom Word, Chief of Public Works Operations briefly outlined the current Utility Capital Improvements Projects. Those are: • Avery Farms Wastewater Interceptor Phase 2 • Barton Hill Elevated Storage Tank • Deerfoot Drive Water Line • Water Distribution System Master Plan • East Water Transmission Line, Phase II - 36" • SH 29 - Relocation of 30" Raw Water Line • Wastewater Master Plan • Water Treatment Plant, Phase V • Westinghouse Wastewater Interceptor I • Wastewater Rehabilitation Basins Cindy Demers, Finance Director outlined the money aspects for these projects will be • handled. She touched on the Utility Revenue Adjustments. Tom Word gave an overview of the McNutt Creek Basin proposed wastewater collection system sub basins and land use map. 3.D.3. Drainage Utility Mr. Word gave a brief outline of the current drainage costs of Round Rock and noted that staff is looking at a drainage utility cost. He outlined the cities that currently have this type of program. Mr. Word proceeded by outlining a scenario if Round Rock were to do such program. ' Barbara Boulware-Wells from the Legal Department outlined what the law says about Municipal Drainage Utility Systems (Stormwater Management Plan) and briefly outlined the process the City would need to take to enact such a program. At this point, the Council had lunch while the following item was addressed. 3.E. A presentation will be given by a representative of the Texas Turnpike • Authority regarding SH-45 and SH-130 during the Council's lunch. Tim Weight, TTA Director of Construction gave the history of the Texas Turnpike Authority. He gave an overview of the road projects in the area that would be associated with SH-45 and SH-130. He noted that by next month all of SH-45 would be under construction. The Council directed specific questions regarding portions of the projects and of where the tollbooths will be. FEBRUARY 18, 2004 3.D.4. Budget Ms. Demers outlined the following: Budget Revision • Sales tax revenue • General expenditures Economic dev program Perryman study • - Departmental priorities • Utility expenditures Utility engineer to manage CIP • Utility Items to Anticipate - McNutt Basin - Reuse Utility - Reserve/Raw Water Costs - LCRA Costs - Completion of Impact Fee Study this Spring - Brushy Creek MUD off-line in 2006 • Expenditures - Full year impact of Economic Development - Vehicle Right-sizing - Improve "Operation Cost" Budgeting - Implementation of Technology Improvements ■ Street Utilities, Parks - work order system ■ Code Enforcement - Customer (Citizen) Relationship Management System ■ Human Resources/Payroll - Self Service, Training • Revenues User Fees/Cost Recover Emphasis • - Sales Tax Policy Mr. Kautz outlined sales tax collected in October to February. He said that the development of a formal policy on where available revenues can be used strategically. He added that the need to diversify revenue streams is very important. 3.D.5. External Audit Mr. Kautz as state law the city is required to have an external audit conducted by an independent auditor. Ms. Demers gave an overview of the following: External Audit & Internal Controls • Issue - Continue to provide assurance that City of Round Rock assets are properly accounted for and safeguarded and that financial reports are reliable in order to assess the financial condition of the City. • Topics of Discussion,. Quality External Audit • _ Reliable Internal Controls Communication with Council regarding Audit Issues/Activities • Sarbanes-Oxley Act of 2002 Fundamentally changed the way public companies do business and how the accounting profession performs its required audit function. Not applicable to government Provides insight in how government can better manage its financial affairs to maintain the public's trust. • External Audit Retained existing auditors (Pena Swayze) for 17 years Year-to-Year Engagement Contract - Provide Quality Audit ■ City's financial stability 1 .1 .2 FEBRUARY 18, 2004 ■ Award winning financial report ■ Excellent bond ratings ■ Pena Swayze peer review documents • Should the City change Auditors - Rotation of auditors is not mandatory - Pena Swayze - Auditor in charge and staff has rotated through out the yea rs - GASB 34 - 1St year implementation - GFOA recommended "Best Practices" • ■ Issue RFP but not required to switch ■ Multi-year relationship • Recommendations Retain Pena Swayze for fiscal year 2004 audit Issue RFP for External Audit in December 2004 for fiscal year ending 2005 audit Enhance the 2004 external audit process ■ Required implementation of SAS (Statement on Auditing Standards) No. 99 - Consideration of Fraud in a Financial Statement Audit Enhance communication with City departments to assist in identifying areas of concern Initiate an internal control assessment program to address high risk/high concern areas ■ Contract with external firm(s) ■ Provides another"set of eyes" Enhance communications with Council ■ Provide communications regarding audit issues/activities 3.D.6. Time Warner Franchise Update Will Hampton gave a brief history of the cable franchise and offered the following highlights of the current franchise with Time Warner. • • Franchise expires in July 2004 • 4% franchise fee • 1 PEG access channel No provision of internal cable network (INET) • No financial support for access channel • No PEG fee Mr. Hampton provided a comparison of the Round Rock's franchises and franchises with Austin, Georgetown, Cedar Park and Pflugerville. He proceeded to provide the following information. Proposed franchise • 12-year franchise • 3 PEG access channels - 1 for City, 1 for RRISD, 1 for HEC • Total RRISD coverage • INET support • 5% franchise fee • 30 cents monthly PEG fee In conclusion Mr. Hampton provided a example of the customer impact on the • proposed franchise. 3.D.7. Property tax exemptions Mr. Kautz outlined legislation, Proposition 13, that was recently enacted by the State Legislature regarding proert value exemptions currently given to individuals over 65 years of age and disabled individuals. He gave an overview regarding the following. • State law allows these exemptions but they are not mandated • Potential impact of Proposition 13 on the City's tax revenues Changing residential and commercial property tax values 11 .3 FEBRUARY 18, 2004 - Increasing number of new over 65 and disabled exemptions The City's property tax rate management philosophy Mr. Kautz outlined an economic analysis concerning Proposition 13 and the potential loss of tax revenue. He also explained the process and options that would need to be taken depending on the Council's direction. In addition, Mr. Kautz explained another exemption that has surfaced. The • Legislature created local option property tax exemption for certain organizations engaged primarily, though not exclusively, in charitable activities. He gave examples of charitable organizations. The exemption, if granted, would primarily benefit social and fraternal organizations, such as the Masonic Lodge, that is not strictly charity but engages in certain charitable activities. Cities and other local taxing entities have complete discretion to decide whether or not to grant the exemption. Cities that choose not to grant the exemption will not deny tax exemptions that traditional charities already enjoy under current law. The amount of revenue loss to the City would depend on the number of organizations that apply and qualify under the law and on the value of the real and personal property. Currently, the Masonic Lodge has applied and received approval from the State. The S.P.J.S.T. Lodge is also potentially eligible for the exempt status. Other organizations may qualify for the exemption under the law in the future. • Mayor Maxwell asked for information regarding the application process these organizations need to follow through the State to give the Council a better understanding of this exemption. 3.E. A presentation will be given by a representative of the Texas Turnpike Authority regarding SH-45 and SH-130 during the Council's lunch. This item was addressed earlier in the meeting. Consider presentation and discussion regarding the following planning and development topics: 3.F.1. Strategic Plan Dale Ricklefs led the presentation on this item. This version of he Strategic Plan is based upon guidance from the Council at its August 2003 retreat. Unlike previous versions of the Strategic Plan that originated with the City staff in the late 1990's this version is based heavily on six primary goals the Council established, in order of its priority: • Diversify the Economic Base • Focus on the Northeast Plan • Enhance the Image and Appearance • Enhance Personal Mobility • Develop and Employ a Major Retail Strategy • Address Issues on our"Edges" that Impact Round Rock.The following individuals will relay what is planned for each goal. Joe Vining outlined the points under Goal 1 of the Strategic Plan. Jim Stendebach outlined the points under Goal 2 of the Strategic Plan. Sharon Prete outlined the points under Goal 3 of the Strategic Plan. 11 -4 FEBRUARY 18, 2004 Tom Word outlined the points under Goal 4 of the Strategic Plan. Cindy Demers outlined the points under Goal 5 of the Strategic Plan. Will Hampton outlined the points under Goal'6 of the Strategic Plan. 3.F.2. City's extra-territorial jurisdiction Jim Stendebach briefly outlined the status of the proposed ETJ exchanges. Discussions have been underway for the last few months with the surrounding communities to reach a staff level agreement • g Bement to identify the ultimate interface between Round Rock's ultimate ETJ and eventual city limits. He gave the status of the discussions concerning Georgetown, Hutto, Pflugerville and Austin. 3.F.3. Municipal Utility District's Jim Nuse noted that there are four possible MUD's (Municipal Utility District) under discussion within the area. Steve Sheets outlined a summary as to what MUD's are and why they exist. • A MUD is a governmental entity that is created by the State or Legislature. • If the MUD is within the ETJ of a City, the City has to consider to option to give the consent of creation of MUD. • MUD's are on the edges of an urbanized area of a City. • Some MUDS have stand-alone utility system. • A City could annex a MUD but the City will assume the tax rate. Joe Vining outlined the locations and status of the proposed MUD's and the potential impact on the City. • 3.17.4. Tourism Plan Nancy Yawn gave a brief overview on the following. • What is a Convention and Visitors Bureau. - They are like a key to the city An official point of contact for convention and meeting planning tour operators and visitors. Encourages business travelers and visitors alike to visit historic areas. • Why they are valuable • Why are meetings and tourism important? Ms. Yawn gave an overview of the Tourism plan highlights, past successful events, and upcoming events. She explained why Chisholm Trail #4 could possibly be a Tourist Information Center. 3.F.5. Smoking in public places ordinance Jim Nuse reported that when this was placed on the agenda, it was anticipated to have the report from the restaurants well in advance of the meeting. The report was delivered the day before the Council work session so staff and the Council did not have • enough,time to thoroughly review the document. The Council briefly discussed some points of the document and asked for further information as follows: • Need statistics on the industry as a whole not just specific businesses. • Need information regarding alcohol sales tax vs. food sales tax. • Overall sales in community • Did the industry fall due to the smoking regulations? • Report does not have anything conclusive for a true scientific analysis. • Acquire statistical comparison) • Take a pro-active approach on this. FEBRUARY 18, 2004 Charlie Ayers of the Chamber of Commerce provided information regarding the current smoking regulations in the restaurants and how it is affecting the businesses. He added that from the Chamber's view, a dangerous message is being sent when businesses are regulated without options. He added that the restaurants are looking for a happy medium. They want to run their business the best they can. In conclusion, staff will develop satisfactory data, take a look at a limited study to get overall feel from the community, including neighboring communities and meet with the restaurants group and Chamber to share information and then bring back information to the Council. 3.F.6. Sian Ordinance update Councilmember McGraw placed this item on the agenda for discussion of a limited time to place Open House signs in the public right-of-way. He noted that he has received calls from realtors who want permission to have Open House signage placed in the right-of- way because there is a lot of competition between used homes and new homes and advertising rates have gone up. After Council and staff discussion, Mr. Nuse said that staff will look into options regarding regulations for Open House signage that would include the realtors regulating themselves. Steve Sheets noted that Open House signage can be addressed through a license fee. • Mayor Maxwell asked staff to investigate the concerns and bring back options as to whether the concerns can be addressed and how that would be handled. 3.17.7. Manufactured Housing Zoning District This item Was withdraw from agenda and will be addressed at a future meeting. EXECUTIVE SESSION: 4.A. Executive Session as authorized by 5551.074 Government Code, related to the evaluation of the City Manager. The Council entered into Executive Session at 5:00 p.m. and adjourned at 5:25 p.m. ADJOURNMENT: There being no further business, the meeting adjourned at 5:26 p.m. Res ectfully submitted, Christine R. Martinez, City Secretary • 11 ,6 FEBRUARY 26, 2004 The Round Rock City Council met in Regular Session on Thursday, February 26, 2004 in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE: Boy Scout Troops 365 and 157 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: None CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *6.A. Consider approval of the City Council minutes for the Executive Session and Regular Session of February 12, 2004. *7.A.2. Consider an ordinance grantina a franchise to Accurate Disposal, Inc. to engage in the business of collecting refuse from commercial establishments in the City of • Round Rock. (Second Reading) *7.A.3. Consider an ordinance granting a franchise to BFI, Inc. to enaaae in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) *7.A.4. Consider,an ordinance granting a franchise to Central Texas Refuse, Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) *7.A.5. Consider an ordinance granting a franchise to IESI Corporation-South to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) *7.A.6. Consider an ordinance granting a franchise to Texas Disposal Systems Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) • *7.A.7. Consider an ordinance granting a franchise to Waste Management of Texas Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) *8.C.1. Consider a resolution authorizing a property tax refund to 317 Fortune LP for 2001, 2002, and 2003 taxes in the amount of $13,075.64. G r 117 FEBRUARY 26, '2004 *8.C.2. Consider a resolution authorizing a property tax refund to Crystal Creek LP for 2001 taxes in the amount of $1,383.37. *8.C.3. Consider a resolution authorizing a property tax refund to Loutex Rock, LP for 2001 and 2002 taxes in the amount of $3,377.81. *8.D.1. Consider a resolution authorizing the Mavor to execute an engagement • letter with Paul Hornsby & Company for appraisal services for right-of-way acquisition for Arterial A' . *8.D.2. Consider a resolution authorizing the Mayor to execute an engagement letter with Paul Hornsby & Company for appraisal services for right-of-way acquisition for the East Transmission Waterline, Phase II. *8.D.3. Consider a resolution authorizing the Mavor to execute an engagement letter with Paul Hornsby & Company for appraisal services for right-of-way acquisition for the widening of Sam Bass Road. *8.E.1. Consider a resolution authorizing the Mayor to execute Supplemental' Agreement No. 2 to the Agreement for Personal Services for Project Administration and Inspection with John H. Konzen for the 2002 CIP Tank Rehabilitation Proiect. MOTION: Councilmember Rhode moved to approve all items on the consent agenda. • 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. APPROVAL OF MINUTES: *6.A. Consider approval of the City Council minutes for the Executive Session and Regular Session of February 12, 2004. This item was approved under the consent agenda. ORDINANCES: 7.A.1. Consider an ordinance granting a franchise to Round Rock Refuse, Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (First Reading) Cindy Demers, Finance Director made the staff presentation. • The Council adopted Ordinance No. 2601, which requires all commercial garbage haulers doing business within the City to pay a 10% franchise fee on their gross revenues generated in the City to assist with funding repair and maintenance of City streets. The existing franchise ordinance with Round Rock Refuse, Inc. has expired. This ordinance updates the franchise agreement and grants Round Rock Refuse, Inc. a five-year franchise to operate a commercial garbage hauling service in the City. ORDINANCE NO. 1 .1 FEBRUARY 26, 2004 AN ORDINANCE GRANTING A FRANCHISE TO ROUND ROCK REFUSE, INC. TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK; TEXAS; ESTABLISHING FRANCHISE .FEES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson • Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *7.A.2. Consider an ordinance granting a franchise to Accurate Disposal, Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO ACCURATE DISPOSAL, INC. TO .ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *7.A.3. Consider an ordinance granting a franchise to BFI, Inc. to engage in the • business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO BFI TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *7.A.4. Consider an ordinance granting a franchise to Central Texas Refuse Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO CENTRAL TEXAS REFUSE, INC. TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *7.A.S. Consider an ordinance granting a franchise to IESI Corporation-South to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO IESI CORPORATION - SOUTH TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL 11 .9 FEBRUARY 26, 2004 ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *7.A.6. Consider an ordinance granting a franchise to Texas Disposal Systems, Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) This item was approved under the consent agenda. • ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO TEXAS DISPOSAL SYSTEMS, INC. TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *7.A.7. Consider an ordinance granting a franchise to Waste Management of Texas, Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO WASTE MANAGEMENTS OF TEXAS, INC., TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 7.B.1. Consider an ordinance re-adopting guidelines and criteria governing reinvestment zones and tax abatement agreements within the city limits or extraterritorial • iurisdiction of the Citv of Round Rock. (First Reading) Joe Vining, Executive Director for Community Development made the staff presentation. The state requires that cities utilizing tax abatement as an incentive for new investment in the community adopt criteria -4 that guides the council in their decision making. In the past the City has had no specific criteria and have judged each project on a case by case basis. This proposal puts forth specific guidelines for tax abatement. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.704, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS TO AMEND AND RE-ADOPT GUIDELINES AND CRITERIA GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS WITHIN THE CITY LIMITS OR EXTRATERRITORIAL JURISDICTION OF ROUND ROCK, TEXAS; PROVIDING A SAVINGS CLAUSE _ AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 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. 12 .0 FEBRUARY 26, 2004 MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 8.A.1. Consider a resolution naming the new Round Rock Senior Center the Allen R. Baca Senior Center. Sharon Prete, Parks and Recreation Director made the staff presentation. A written request was submitted to the City Manager to name the proposed Senior Citizen Center in honor of Allen R. Baca. Naming the Senior Center after Allen will be a continual reminder of a citizen who dedicated his life to making the world better through serving first his country and his community. Also, naming the Center after Mr. Baca, at this time, will allow the incorporation of his name in the design of the building. Allen was an advocate for the seniors of Round Rock and championed the formulation of the Round Rock Senior Citizens Center. He was a member of the Round Rock community since the early • 1980's, worked from 1980 to 1993 for the Texas Department on Aging where he suggested using a bar code as opposed to a lot of paper for tracking. Allen volunteered weekends for 16 years with the Bell County Jail's GED Program. He started a GED Program for seniors, which soon became a senior literacy program. Because of this literacy program, several senior centers around the state participated in the first Senior Spelling Bee. Allen was also awarded the Points of Light Foundation Award in 2002 for his volunteer services throughout his life. Mary Baca, wife of Allen and Eileen Clary, daughter were present and thanked the Council for naming the Senior Citizens Center after Allen. RESOLUTION NO. WHEREAS, the City Council has previously adopted Resolution No. R-02-11-26-10C1 adopting policy and procedures for naming City Facilities, and WHEREAS, a written request was submitted to the City Manager to name the proposed senior citizen center in honor of Allen R. Baca, and • WHEREAS, in accordance with the adopted policy a committee composed of the City Manager, Director of the Library, Director of Planning and Community Development, and the Director of Parks and Recreation researched, reviewed and studied the request and supporting documents, and WHEREAS, said committee has submitted its recommendation to the City Council to name the proposed senior citizen center in honor of Allen R. Baca, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposed senior citizen center hereafter be named the Allen R. Baca Senior 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 iql 1 ..21 FEBRUARY 26, 2004 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of February, 2004. 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 Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8.B.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County for the extension of Chandler Road from FM 1460 to SH 130. Tom Word, Chief of Public Works Operations made the staff presentation. Chandler Road is a major east-west regional arterial, which will serve future development in the northeast part of the City, including the Higher Education Center. Williamson County is • currently constructing extensions of Chandler Road to the future location of SH130. This agreement proposes that upon completion of construction, Williamson County will request voluntary annexation of Chandler Road by the City, and that the City will annex and accept Chandler Road for maintenance and operations. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and.services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Williamson County regarding the extension of Chandler Road from FM 1460 to SH 130, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Interlocal Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed,, considered and formally acted upon, all as "required by the Open Meetings Act, Chapter 551, Texas Government Code, as • amended. RESOLVED this,26th day of February, 2004. 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 1 .22 FEBRUARY 26, 2004 Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *8.C.1. Consider a resolution authorizing a property tax refund to 317 Fortune, LP for 2001, 2002, and 2003 taxes in the amount of$13,075.64. 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, 317 Fortune, L.P. has made an overpayment or erroneous payment of 2001, 2002, and 2003 taxes in the amount of $13,075.64; 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 $13,075.64. The City Council hereby, finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 February, 2004. *8.C.2. Consider a resolution authorizing a property tax refund to Crystal Creek, LP for 2001 taxes in the amount of$1,383.37. 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, Crystal Creek, L.P. has made an overpayment or, erroneous payment of 2001 taxes in the amount of $1,383.37; 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 $1,383.37. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution,and the subject matter hereof 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 February, 2004. *8.C.3. Consider a resolution authorizing a property tax refund to Loutex Rock LP for 2001 and 2002 taxes in the amount of $3,377.81. This item was approved under the consent agenda. FEBRUARY 26, 2004 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, Loutex Rock, L.P. has made an overpayment or • erroneous payment of 2001 and 2002 taxes in the amount of $3,377.81; 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 $3,377.81. The City Council hereby finds and declares that written lnotice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 February, 2004. 8.C.4. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with High Line Corporation for implementation of additional software modules to the City's Human Resources and Payroll Information System. Cindy Demers, Finance Director made the staff presentation. In 1998 the City purchased and implemented the High Line "Personality" Human Resources and Payroll Information System. The initial implementation and upgrades have been very successful. This contract is the planned next • phase of utilizing the software capabilities and web technology to their fullest capacity. This project will involve the implementation of four new modules to the HR and Payroll Information System. The modules include time management, employee and manager self- ,:. •� service, workfloWand training. This implementation is expected to increase'e":fficiency by eliminating redundant data entry of employee time, allowing all City employees and managers to manage their time and personnel information on-line and to route information and approvals electronically. In addition, the training module will enhance the City's ability to track and plan employee development. The cost of this agreement is $90,000, plus reimbursables. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement with High Line Corporation for human resources and payroll computer application software for the Human Resources Department, and • WHEREAS, High Line Corporation has submitted Supplemental Agreement No. 1 to the Agreement to include four additional software modules, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with High Line Corporation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement with High Line Corporation, 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 February, 2004. :l .2 4 FEBRUARY 26, 2004 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 G aw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8.C.5. Consider a resolution approving the issuance of $1,983,623 Combination Unlimited Tax and Revenue Refunding Bonds; Series 2004 by the Williamson County Municipal Utility District No. 9 (Vista Oaks). Cindy Demers, Finance Director made the staff presentation. Municipal Utility District No. 9 is selling $1,983,623 principal amount of refunding bonds. The bond proceeds will be used to restructure the District's annual debt service expense and achieve debt service savings for the District. Texas Commission on Environmental Quality approval is not required as these are refunding bonds. The District is in the City's ETJ (extraterritorial jurisdiction) and, therefore, the City's approval is required • prior to the sale of bonds. These bonds are an obligation of the District and no other entity. No adverse impact is anticipated on the District's tax or utility rates. RESOLUTION NO. WHEREAS, the Council of the City of Round Rock, Texas, has previously consented to the creation of The Williamson County Municipal Utility District No. 9 ("District"), and WHEREAS, The District is a conservation and reclamation district, a body corporate and politic and governmental agency of the State of Texas, created under Article XVI, Sec. 59 of the Texas Constitution by order of the Texas Water Commission, now the Texas Commission on Environmental Quality ("the TCEQ"), and the District operates under Chapters 49 and 54 of the Texas Water Code, as amended, and WHEREAS, the District currently has outstanding those bonds (the "Outstanding Bonds") which are secured by a pledge of Net Revenues from the waterworks and sewer system of the District and a pledge by the District to levy an ad valorem tax sufficient to pay principal of and interest on the Outstanding Bonds as they become due, and WHEREAS, the District now desires to refund those Outstanding Bonds in the aggregate principal amount of$1,915,000 in advance of their maturities, and WHEREAS, the issuance of bonds must be approved by the City Council of the City of Round Rock, Texas, and WHEREAS, the District has submitted to the City for review and approved a substantial draft of the Bond Order and requested approval of the District's Series 2004 Bonds, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, 1. The issuance by the District of the Series 2004 Bonds in an amount not to exceed $1,983,623 is hereby approved. 2. The City Council approves the substantial draft of the 2004 Bond Order for the Series 2004 Bonds, the form and substance of which is attached as Exhibit"A", incorporated by reference, and is 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 26th day of February, 2004. FEBRUARY 26; 2004 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. *8.D.1. Consider a resolution authorizing the Mayor to execute an engagement letter with Paul Hornsby & Company for appraisal services for right-of-way acquisition for Arterial "A". 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 Arterial "A", and WHEREAS, Paul Hornsby & Company has submitted an engagement letter to provide said services, and WHEREAS, the City Council desires to enter into said engagement letter 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 an engagement letter with Paul Hornsby & Company for appraisal services regarding the acquisition of right-of-way for Arterial "A", 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 February, 2004. *8.D.2. Consider a resolution authorizing the Mayor to execute an engagement letter with Paul Hornsby & Company for appraisal services for right-of-way acquisition for the East Transmission Waterline, Phase II. 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 East Transmission Waterline, Phase II, and WHEREAS, Paul Hornsby & Company has submitted an engagement letter to provide said services, and WHEREAS, the City Council desires to enter into said engagement letter 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 an engagement letter with Paul Hornsby & Company for appraisal services regarding the acquisition of right-of-way for the East Transmission Waterline, Phase II, 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 l z _6 FEBRUARY 26, 2004 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of February, 2004. *8.D.3. Consider a resolution authorizing the Mayor to execute an engagement letter with Paul Hornsby & Company for appraisal services for right-of-way acquisition for the widening of Sam Bass Road. 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 widening of Sam Bass Road, and WHEREAS, Paul Hornsby & Company has submitted an engagement letter to provide said services, and WHEREAS, the City Council desires to enter into said engagement letter 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 an engagement letter with Paul Hornsby & Company for appraisal services regarding the acquisition of right-of-way for the widening of Sam Bass Road, 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 February, 2004. *8.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Personal Services for Project Administration and Inspection with John H. Konzen for the 2002 CIP Tank Rehabilitation Project. This item was • approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock 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. 2 to the Agreement to extend the contract period, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 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 Supplemental Agreement No. 2 to the Agreement for Personal Services for Project Administration and Inspection for 2002 CIP Tank Rehabilitation Project with John H. Konzen, 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 February, 2004. 8.E.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with RJN Group, Inc. for the Wastewater Collection System Inspection Project. Tom Clark, Director of Utilities made the staff presentation. This contract is to provide television inspection analysis and reports on the City of Round Rock wastewater collection system in three Edwards Aquifer basins (EW01-Z, OC28-Z, and CC37-Z). The wastewater lines in these basins were televised by the City of Round's I&I Department. RJN 1 .2 -7 FEBRUARY 26, 2004 will review the televised tapes and then provide recommendation for future repairs of the collection system. HDR will recommend repairs for areas with structural damage and defects such as offsets, open joints, or cracked or crushed lines that would allow infiltration or leakage to occur. The City is required to continue this program in order to comply with the TCEQ's Edwards Aquifer Recharge Zone Protection Program requirements. The • elimination of defects will reduce inflow and infiltration entering the system, thereby reducing the City's treatment cost to the LCRA and BRA, who own and operate the Brushy Creek Regional Wastewater Treatment Plant, and reduce the possibility of leaks from the system impacting the Edwards Aquifer. The cost of this contract is $144,730. RESOLUTION NO. . WHEREAS, the City of Round Rock desires to retain engineering services for the 2003-2004 Wastewater Collection System Inspection of three Edwards Aquifer Basins, and WHEREAS, RJN Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with RJN Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with RJN Group, Inc. for the 2003-2004 Wastewater Collection System Inspection of three Edwards Aquifer Basins, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of February, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. f, • 8.E.3. Consider a resolution authorizing the Mayor to execute a contract with ProLihe Technologies for chemical grouting of wastewater mains and lining of existing wastewater lines for the Wastewater Collection System Insoection.Project. Tom Clark, Director of Utilities made the staff presentation. This project will rehabilitate defective areas determined from the 2001-2002 Wastewater Collection System Inspection Project of Edwards Aquifer Basins (OC31-Z, CC36-Z, and LC09-Z). This project was re-bid because only one contractor submitted a bid during the original bidding of the project. The total price that was bid at that time was 43.31% higher than the engineer's estimate. The City 128 FEBRUARY 26, 2004 rejected the bid and the project was separated into two units. Unit No. 1 for the conventional open cut and manhole repairs and Unit No. 2 for the specialized liner and chemical grouting of the wastewater system. One bid was received and opened on January 27, 2004 for Unit No. 2. The Engineer and the City staff reviewed the bid and staff recommended acceptance of the bid for Unit No. 2 from Proline Tech nologies.The cost of this contract is $395,140 and will include 335 linear feet of 10-inch diameter wastewater • liner and chemical grouting of approximately 9,000 linear feet of wastewater mains ranging from 24-inch to 42-inch in diameter. The City is required to continue this program in order to comply with the TCEQ's Edwards Aquifer Recharge Zone Protection Program requirements. The elimination of defects will reduce inflow and infiltration entering the system, thereby reducing the City's treatment cost to the LCRA and BRA, who own and operate the Brushy Creek Regional Wastewater Treatment Plant. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Wastewater Collection System Rehabilitation Project for Basins OC31-Z, CC3&Z, and LC09-Z, to include chemical grouting of wastewater mains and lining of existing wastewater lines, and WHEREAS, Proline Technologies has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Pro Line Technologies, Now Therefore BE IT RESOLVED BY THE 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 Proline Technologies for the Wastewater Collection System Rehabilitation • Project for Basins OC31-Z, CC36-Z, and LC09-Z. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 February, 2004. 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. 8.E.4. Consider a resolution authorizing the Mavor to execute a contract with Enviro Remediation Coating Services Inc. for line rei)lacement point repairs and manhole rehabilitation for the Wastewater Collection System Inspection Project Tom Clark, Director of Utilities made the staff presentation. This project will rehabilitate defective areas determined from the 2001-2002 Wastewater Collection System Inspection Project of �� U �� �� �� �� /� FEBRUARY 28 .� �004 � Edwards Aquifer Basins (]C31-Z, CC36-Z. and LC09-3). This project was re-bid because only one contractor submitted a bid during the original bidding of the project. The total was 43.31% higher than the engineer's estimate. The City rejected the bid and the projectvves separated into two units' Unit No. 1 for the conventional open cut and manhole repairs and Unit No. 2 for the specialized liner and chemical grouting of the wastewater oyaborn. Two bids were received and opened onJanuary 27, 2OO4for Unit No. 1. The bids were reviewed — by the Engineer and City staff and staff recommended acceptance of the bid from Env|no Remediation. The cost of this contract is $300/463 and will include 1/100 linear feet of 8- inch diarneterwastewater line replacement, 13 point repairs, and rehabilitation of 130 manholes. The City is required to continue this program in order to comply with theTCEO's Edwards Aquifer Recharge Zone Protection Program requirements. The e||nn|nat|mn of defects will reduce inflow and infiltration entering the system, thereby reducing the City's treatment cost tothe LCRA and GRA, who own and operate the Brushy Creak Regional Wastewater Treatment Plant. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Wastewater Collection System Rehabilitation Project for 800ins [)C31-Z, CC38-Z, and LC09-Z, to include line replacement, point repairs, and manhole rehabilitation, and WHEREAS, EnViro Remediation Coating Services, Inc. has submitted the lowest and best bid, and WHEREAS, the [�|tv Council wishes toaccept the bid ofEnviro Remediation Coating �~- Sen/ices, 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 ofthe City a contract with Enviro Remediation Coating Services, Inc. for the Wastewater Collection System Rehabilitation Project for Baoins OC31-Z, CC38-Z, and LC09-Z. The City ound| hereby finds and declares that written notice of othe date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by |avv at all times during which this Resolution and the subject matter hereof 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 February, 3004. NYlEMAXWELL,- Mayor City ofRound Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary M{]TI{}yJ: Counci|nmenmber Pitt moved toapprove the resolution. Counci|rnernbmrCoa seconded the motion. ` VOTE: Ayes: Mayor Pro-tern Nielson Counc||mnenmberMcGnaw Cound|rnennberPitt Counci|rnmnnberKn|ght ' Counci|rnennberFlhmde Counci|rnennberCoe Mayor Maxwell Nays: None ACT3C%\L The motion carried unanimously. 8.E.5. Consider a resolution authorizinci the Mayor to execute Amendment No. 4 to Easement No. DACW63-2-81-0675, Georgetown Lake to add 1.118 acres to the lease area from the Der)artment of the Army. Torn Clark, Director ofUtilities made the staff 130 FEBRUARY 26, 2004 presentation. Easement No. DACW63-2-81-675, Lake Georgetown, Texas, is from the Department of the Army to the City of Round Rock which was executed on June 30, 1981 for the construction of the City's Raw Water Intake Structure and Water Line at Lake Georgetown. To date, there have been three (3) amendments to this easement to accommodate expansions to our Raw Water Intake Structure and associated equipment. This Amendment No. 4 easement will create a buffer around the City's raw water intake • structure and associated equipment. In addition, this easement will be needed for the future expansion of the Round Rock raw water intake structure and associated equipment that is scheduled to begin late in 2004 or early 2005. RESOLUTION NO. WHEREAS, on September 11, 1981, the Secretary of the Army ("Army") granted to the City of Round Rock ("City"),an Easement for a 30-inch waterline and a raw water intake structure across Tract No. 104, Georgetown Lake, and - WHEREAS, said Easement has since been amended on June 5, 1995, March 6, 2002, and March 20, 2001, and WHEREAS, the City and Army now desire to amend the Easement to add an additional 1.118 acre (48,716 square feet) area for utility easement, and WHEREAS, the City of Round Rock wishes to enter into Amendment No. 4 to Easement No. DACW63-2-81-0675 Georgetown Lake, Texas with the Department of the Army, Now Therefore BE IT RESOLVED BY 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. 4 to Easement No. DACW63-2-81-0675 Georgetown Lake, Texas with the Department of the Army, 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 February, 2004. 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 McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. 8.E.6. Consider a resolution authorizing the Mayor to execute 'a Rental Payment Amendment with Strong Capital I regarding a water pipeline adiacent to McNeil Road Tom Clark, Utilities Director made the staff presentation. The City has a lease agreement with the Union Pacific Railroad Company for a 12" water line located on its property. Union Pacific has contracted management of its property to Strong Capital I. The City has been paying Union Pacific $750 annually for the lease. Strong attempted to increase the annual r is PE "i 13 .1 FEBRUARY 26, 2004 payment from $750 annually to $7,569 annually. Staff negotiated a one-time payment of $13,267 that will pay for the lease until 2025. This Rental Payment Agreement will allow the City to make a one time payment to Strong Capital I for a property lease for a 12" water line located on property owned by the Union Pacific Railroad Company. The cost of this amendment is $13,267.00. RESOLUTION NO. WHEREAS, Union Pacific Railroad Company ("Union Pacific") and the City of Round Rock, ("City") previously entered into that one certain Pipeline License Agreement ("Agreement") dated July 24, 1985, whereby Union Pacific granted to the City the right to install and maintain a water pipeline in its right-of-way adjacent to McNeil Road, and WHEREAS, the Agreement provided that the City would pay to Union Pacific the sum of$750.00 per year for the rights granted therein, and WHEREAS, Union Pacific assigned its rights to receive payments to Strong Capital I ("Strong"), a Delaware limited partnership, and WHEREAS, Strong and the City desire to amend the Agreement to provide for a discounted lump sum payment, and WHEREAS, the parties have negotiated a Rental Payment Amendment ("Amendment") that the City Council wishes to approve, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Rental Payment Amendment with Strong Capital I, 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 February, 2004. 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 7:40 p.m. R `p�e�ctfu�lly S�u�b�m�itt d,/ Christine R. Martinez, City Secretary 132 MARCH 11,2004 The Round Rock City Council met in Regular Session on Thursday, March 11, 2004 in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Pro-tem Nielson called the Session to order due to the absence of Mayor Maxwell. PLEDGE OF ALLEGIANCE: Mayor Pro-tem Nielson led the Pledge • y g 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. CITIZENS COMMUNICATIONS: None PROCLAMATIONS: 5.A. Consider proclaiming Saturday, March 13, 2004 as Three Legged Willie Day. Mayor Pro-tem Nielson read the appropriate proclamation and presented it to Mike Hemker of the Parks and Recreation Department. WHEREAS, Williamson County, Texas, was created by the Texas Legislature in 1848, and is the County in which the City of Round Rock, Texas is situated; and WHEREAS, the Legislature named Williamson County, after Robert McAlpin Williamson, a colorful character in Texas history; and • WHEREAS, Robert McAlpin Williamson came to be known as "Three-Legged Willie", during his own life time, because he wore a wooden peg with his natural leg pulled back at the knee after he lost use of the leg from a childhood disease; and WHEREAS, the Round Rock Parks and Recreation Department is hosting the 25th Annual "Three-Legged Willie Distance Classic" in honor of Three-Legged Willie; and WHEREAS, all participants, after persevering the 8.1 miles, will share in the best reward of all which is to partake of "WILLIE CHILI", which has been made for many years by our-renowned Joanne Land, Former Assistant City Manager and Sharon Prete, Parks and Recreation Director. NOW, THEREFORE, I, NYLE MAXWELL, MAYOR of the City of Round Rock, Texas, do hereby proclaim March 13, 2004, as "THREE-LEGGED WILLIE DAY" in the City of Round Rock, Texas and urge all citizens to participate or to show their support of the participants of this annual event. PROCLAIMED this 11th day of March 2004. 5.B. Consider proclaiming March 20, 2004 as the 9th Annual Daffodil Festival. Mayor Pro-tem Nielson read the appropriate proclamation and presented it to Alicia Carlile and members of the Round Rock Senior Foundation. WHEREAS, due to the hard work of the Round Rock Senior Citizens Foundation and members of the Round Rock Parks and Recreation staff, the 78th Legislature of the State of Texas proclaimed the City of Round Rock the "Daffodil Capital of Texas"; and • WHEREAS, the goal of the Round Rock Senior Citizens Foundation is to make Round Rock look like a sea of daffodils; and WHEREAS, the Round Rock Senior Citizens Foundation hopes that the daffodils will serve as a beacon to the Round Rock community and spread the interest in the advancement of a high quality of life and social adjustment for senior citizens; and WHEREAS, the Daffodil Festival at the Round Rock Senior Center will welcome visitors with live auction, door prizes, raffles, tempting foods, entertainment, arts and crafts and fun filled activities; and WHEREAS, this year's Daffodil Festival is dedicated to the men and women of the United States Armed Forced for their brave service to our great country. NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim March 20, 2004 as the MARCH 11,2004 119" ANNUAL DAFFODIL FESTIVAL CELEBRATION" and urge all citizens to visit the. Senior Center and join the Round Rock Senior Citizens Foundation in celebrating this joyful occasion. PROCLAIMED this 11th day of March 2004. PRESENTATIONS: 6.A.1. Consider a presentation of the Round Rock Police Department's annual racial profiling report as required by Article 2.132 of the Code of Criminal Procedure. Paul Conner, • Police Chief made the staff presentation. Since January 1, 2002, the Round Rock Police Department, in accordance with the Texas Racial Profiling Law (S.B. No. 1074), has been collecting police contact data to identify and respond, if necessary, to concerns regarding racial profiling practices. State law requires the Police Department to provide the results of this data collection to their governing body by March 1St of each year. Chief Conner gave a brief overview of the report that was provided to the Council on March 1St 7.A.1. Consider public testimony on community needs for the development of a Five- Year Consolidated Plan and a One-Year Annual Action Plan for Community Development Block Grant Funds. Mona Ryan, Community Development Coordinator made the staff presentation. This is the fifth of six public hearings being held to gain input from citizens. The final public hearing will be held on March 16, 2004 at Fire Station 4 located on Gattis School Road. The first four public hearings were held at the Texas Baptist Children's Home • with public service agencies on 2/24/04; 3/4/04 at City Hall before the Community Development Advisory Commission; 3/8/04 at the Round Rock Public Library; and 3/9/04 at Cushing Community Center. The Code of Federal Regulations (CFR) 91.105 (e) requires that at least two public hearings per year are held to obtain citizens' views on;community needs for the preparation of a consolidated plan. Comments gathered at public hearings will be considered for plan development and noted in the final document that will be adopted by the City and presented to the Department of Housing and Urban Development in August, 2004. A Community Needs survey was posted on the City's website at http://cl.round-rock.tx.us and is due no later than March 31, 2004. These plans will benefit low and moderate-income persons and families, prevent slum or blight, and meet urgent needs. Goals of the program are to provide decent housing by assisting homeless persons to obtain housing, assisting persons at risk of becoming homeless, retaining affordable If housing stock, increasing housing to members of disadvantaged minorities, increasing the • supply of supportive housing, providing supportive housing for HIV/AIDS persons, and providing housing that is accessible to jobs, to provide a suitable living environment by improving neighborhoods, increasing access to facilities and services, reducing isolation of income groups, revitalizing neighborhoods, restoring and preserving historic properties, and conserving energy. The plan would also Expand Economic Opportunity by job creation and retention for lower income persons; establishing, expanding, and stabilizing small businesses; providing public services concerned with employment; providing jobs to low .1 134 MARCH 11,2004 income persons by programs and activities covered in plan; increasing mortgage financing at reasonable rates; increasing capital and credit for development activities; and reducing generational poverty in Federally assisted and public housing. Mayor Pro-tem Nielson 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 no items were removed from the consent agenda. *9.A. Consider approval of the City Council minutes for the Executive Session of January 29, 2004, the Work Session of February 18, 2004 and the Regular Session of February 26, 2004. *10.A.1. Consider an ordinance granting a franchise to Round Rock Refuse, Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) *11.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with James Patterson for the purchase of right-of-way for the.Downtown Streets Improvement Project. *11.A.2. Consider a resolution authorizing the Mayor to execute Real Estate • Contracts with Jimmy R. Wallin, and wife, Katherine R. Wallin, and with Wallin Family Investments, L.P. for the purchase of right-of-way for the Kiphen Road Improvement Project. *11.6.1. Consider a resolution authorizing the closing of Harrell Parkway Aten Loop and a portion of CR 113 on March 13, 2004 for the annual Three-Legged Willie 13-K Run. *11.6.2. Consider a resolution authorizing the closing of portions of Harrel I Parkway, Aten Loop, and T.C. Oates Lane on March 28, 2004 for the Texas Road Rash Inline Skating Marathon. *11.E.1. Consider a resolution authorizing the Mavor to execute Supplemental Agreement No 1 to the Agreement for Engineering Services with HDR Engineering Inc for the development and delivery of a 2003 Water Distribution System Master Plan MOTION: Councilmember Rhode moved to approve all items on the consent agenda. • 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. APPROVAL OF MINUTES: i.. Aa. F 135 MARCH 11,2004 *9.A. Consider approval of the City Council minutes for the Executive Session of January 29, 2004, the Work Session of February 18, 2004 and the Regular Session of February 26, 2004. This item was approved under the consent agenda. ORDINANCES: *10.A.1. Consider an ordinance granting a franchise to Round Rock Refuse, Inc. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading), This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO ROUND ROCK REFUSE, INC. TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 10.B.1. Consider an ordinance adopting a Comprehensive Transportation Master_ Plan. (First Reading) David Bartels, Project Manager made the staff presentation. The Transportation Master Plan was adopted on January 14, 1999 under Ordinance No. G-99-01- 14-13B3. It ensures an adequate future transportation system, ensures the efficient utilization of the 1/2 cent sales tax, and corrects deficiencies in the transportation network. The Transportation Master Plan requires periodic amendments to ensure the citizens of • Round Rock are afforded an adequate future transportation system. The Transportation Master Plan, along with the Transportation Element of the General Plan, provides the direction for developing a City transportation system that serves the needs of all residents. Due to changing roadway requirements, both internal and external to the City, the City's Transportation Services Department prepared an amendment to the Transportation Master Plan, as well as the Transportation Element of the 2000 General Plan. The amendment affects the text, roadway map and table and includes content and format changes, alignment changes, a new roadway, new planning horizons and a bicycle element, which integrates arterial bicycle facilities with the Parks and Recreation Department Trails Master Plan. In addition, the proposed changes include adjusting Planning Horizons to 2010 and 2020; eliminating 2007 and 2017 maps, and typical roadway sections; adding a bicycle element, and accommodating for landscaping; updating environmental issues, financial analysis, the roadway table, and the ultimate roadway network. The Planning and Zoning • Commission held public hearings on September 17, 2003, January 14, 2004 and February 18, 2004 to receive input regarding the amendment to the Transportation Element of the General Plan. Only the first reading of the ordinance was addressed at the meeting. The second reading of the ordinance will be addressed at the March 25, 2004 Council meeting. ORDINANCE NO. . 136 MARCH 11,2004 AN ORDINANCE ADOPTING A "COMPREHENSIVE TRANSPORTATION MASTER PLAN, MARCH 2004," WHICH CONSTITUTES THE CITY OF ROUND ROCK'S TRANSPORTATION POLICY; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Knight 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. 10.C.1. Consider an ordinance calling the May 15, 2004 election. (First Reading) The City has held a joint election with the Round Rock Independent School District for several years to provide one ballot, which contains all the candidates for the City, candidates for the School Board and any propositions of the City and School District. This allows the voter to register only once at the polling place instead of twice thus simplifying the voting process and reducing costs. This ordinance calls the May 15, 2004 Election for City Council, Place 2, City Council, Place 6 and the following amendments to the City Charter. PROPOSITION NO. 1 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, • SECTIONS 4.01(d) and 4.01(e), PROVIDING FOR ASSISTANT AND ACTING CITY MANAGERS. PROPOSITION NO. 2 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTIONS 3.05, 4.01(a), 4.01(f), and 4.01(g), AMENDING THE POWERS AND DUTIES OF THE CITY MANAGER. PROPOSITION NO. 3 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTION 5.01(a), PROVIDING THAT THE CITY COUNCIL MAY ESTABLISH THE GENERAL ELECTION DATE IN ACCORDANCE WITH THE TEXAS ELECTION CODE. PROPOSITION NO. 4 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTIONS 7.02, and 7.04, ESTABLISHING PROCEDURES REGARDING PETITIONERS' COMMITTEE AFFIDAVITS AND NOTICE FOR INITIATIVE AND REFERENDUM PETITIONS. PROPOSITION NO. 5 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, • SECTION 7.03(a), CHANGING THE NUMBER OF VOTERS WHO MUST SIGN A PETITION FOR INITIATIVE OR REFERENDUM FROM 5% OF THE TOTAL QUALIFIED VOTERS OF THE CITY TO 10% OF THE TOTAL QUALIFIED VOTERS OF THE CITY. PROPOSITION NO. 6 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTIONS 7.03(d), 7.04(c), 7.04(d), and 7.04(e), INCREASING THE TIME FOR FILING INITIATIVE AND REFERENDUM PETITIONS. PROPOSITION NO. 7 . AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTION 8.08, REGARDING SIGNATORIES ON DEPOSITORY ACCOUNTS. 137 MARCH 11,2004 PROPOSITION NO. 8 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTION 8.10, REGARDING THE MANNER IN WHICH THE CITY'S ANNUAL AUDIT REPORT IS MADE AVAILABLE TO THE PUBLIC. PROPOSITION NO. 9 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTION 10.01, REGARDING CONTRACTING WITH OTHER GOVERNMENTAL ENTITIES FOR TAX COLLECTION. PROPOSITION NO. 10 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, REPEALING SECTION 10.08 DEALING WITH THE BOARD OF EQUALIZATION. PROPOSITION NO. 11 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, REPEALING SECTION 11.09 DEALING WITH RATE REGULATION. PROPOSITION NO. 12 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, ADDING PROVISIONS DEALING WITH POLICE DEPARTMENT DISCIPLINARY PROCEDURES. PROPOSITION NO. 13 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, ESTABLISHING REQUIREMENTS FOR AMENDING SECTION 7.500 OF THE CODE OF ORDINANCES REGARDING POLICE DEPARTMENT DISCIPLINARY PROCEDURES. Early voting will be conducted at the Robert G. & Helen Griffith Public Library, RRISD , • Administration Building, United Heritage Conference Center, Clay Madsen Recreation Center, Forest North Elementary School, and Noel Grisham Middle School at the following dates and times. April 28 -,,May 7, 2004 (Weekdays) 8:00 a.m. - 5':00 p.m. May 1 and May 8, 2004 (Saturday) 8:00 a.m. - 12:00 Noon May 10 & May 11, 2004 (Weekdays) 8:00 a.m. - 7:00 p.m. The School District has added two Election Day precinct locations. Those are Caldwell Heights Elementary and Forest Creek Elementary. This change created three new county precincts, which are 426, 348 and 491. The polls will be open on Election Day from 7:00 a.m. to 7:00 p.m. Voting will be conducted at Caldwell Heights Elementary, Stony Point High School, Forest Creek Elementary, Gattis Elementary, First Baptist Church, Round Rock High School, Bluebonnet • Elementary, Old Town Elementary, and Wells Branch Elementary. Steve Sheets, City Attorney noted that the Police Officers Association has requested the removal of Charter Amendment Proposition No. 13 and that the language be brought back for consideration as an amendment to Section 7.500, Police Disciplinary Procedure. Mr. Sheets provided the Council with an alternate ordinance that eliminated Proposition No. 13 and added that the Council would need to clarify in their motion which ordinance was being adopted. 133 MARCH 11,2004 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, CALLING AN ELECTION ON MAY 15, 2004 FOR THE PURPOSE OF ELECTING CERTAIN CITY OFFICIALS AND FOR SUBMITTING TO THE VOTERS CERTAIN PROPOSED AMENDMENTS TO THE HOME RULE CHARTER OF THE CITY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR EARLY VOTING; PROVIDING FOR PERFORMANCE OF REQUIRED ADMINISTRATIVE DUTIES; AND PROVIDING FOR OTHER MATTERS RELATING TO SUCH CITY ELECTION. MOTION: Councilmember Rhode moved to adopt the alternate ordinance, which shows the deletion of Proposition No. 13. 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 and 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. RESOLUTIONS: *11.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with James Patterson for the purchase of right-of-way for the Downtown Streets Improvement Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.018 acre tract of land for additional right- of-way for the Downtown Streets Improvements Project, and WHEREAS, James Patterson, 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 James Patterson, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution • and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of March 2004. *11.A.2. Consider a resolution authorizing the Mayor to execute Real Estate Contracts with Jimmy R. Wallin, and wife, Katherine R. Wallin and with Wallin Family Investments, L.P. for the purchase of right-of-way for the Kiphen Road Improvement Proiect. This item was approved under the consent agenda. The cost of the right-of-way is $28,892.00. 139: MARCH 11,2004 RESOLUTION NO. WHEREAS, the City desires to purchase a 0.057 acre tract of land from Jimmy Wallin and Katherine Wallin in fee simple for additional right-of-way for the Kiphen Road improvement project, and WHEREAS, the City desires to purchase a 0.104 acre tract and a 0.202 acre tract of land in fee simple, and a drainage easement interest in a 0.080 acre tract of land from Wallin Family Investments, L.P. for additional right-of-way and drainage for the Kiphen Road improvement project,.and WHEREAS, Jimmy Wallin, Katherine Wallin, and Wallin Family Investments, L.P., 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 Jimmy Wallin and Katherine Wallin, 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 Mayor is hereby further authorized and directed to execute on behalf of the City a Real Estate Contract with Wallin Family Investments, L.P., for the purchase of the above described property, a copy of said Real Estate 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 subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2004. *11.B.1. Consider a resolution authorizing the closing of Harrell Parkway, Aten Loon and a portion of CR 113 on March 13, 2004 for the annual Three-Leased Willie 13-K Run. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the Parks and Recreation Department has requested that the following streets be closed on March 13, 2004 from 5 a.m. to 1 p.m. for the Three-Legged Willie 13-K Race: Harrell Parkway, Aten Loop, and County Road 113 from Harrell Parkway to Aten Loop, and WHEREAS, the City Council wishes to grant said request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the streets be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of March, 2004. *11.B.2. Consider a resolution authorizing the closing of portions of Harrell Parkway, Aten Loop, and T.C. Oates Lane on March 28, 2004 for the Texas Road Rash Inline Skating Marathon. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Parks and Recreation Department has requested that the following streets be closed on March 28,,.2,004 from 6:30 a.m. to 12: noon for the Texas Road Rash Inline Skating Marathon: Harrell Parkway from Palm Valley Boulevard to Aten Loop; Aten • Loop from Harrell Parkway to T.C. Oates Lane; and all of T.C. Oates Lane, and WHEREAS, the City Council wishes to grant said request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the streets be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of March, 2004. 11.C.1. Consider a resolution authorizing the Mayor to execute an Election Services Contract with the Williamson County Elections Administrator and the Round Rock .140 MARCH 11,2004 Independent School District to conduct the May 15, 2004 election. This contract is for election services from John Willingham, Williamson County Election Administrator to conduct the City's election on May 15, 2004. This agreement outlines the responsibilities of the Election Administrator, the City and the City for the joint election. The approximate cost of the election is $14,305.00. RESOLUTION NO. • WHEREAS, the City of Round Rock wishes to enter into a contract with the Williamson County Elections Administrator and the Round Rock Independent School District to conduct the May 15, 2004 election, and WHEREAS, the Williamson County Elections Administrator has submitted a proposed Election Services Contract ("Contract"), and WHEREAS, the City Council desires to enter into said Contract, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Election Services Contract with the Williamson County Elections Administrator and the Round Rock Independent School District to conduct the May 15, 2004 election, a copy of said Contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of March, 2004. MOTION: Councilmember McGraw 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.D.1. Consider a resolution authorizing the Mavor 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 Boulevard. Tom Martin, Director of Transportation Services 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, and demonstrates Round Rock's support for and facilitates the construction of the SH 45 project. 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 Blvd. The TTA will be paying for 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. RESOLUTION NO. WHEREAS, the Texas Turnpike Authority Division of the Texas Department of Transportation ("TTA") is authorized to design, construct, and operate a turnpike project generally described as SH 45 from McNeil Road to High Country Boulevard ("Project"), and :F 14 MARCH 11,2004 WHEREAS, the City of Round Rock 'has requested that the TTA undertake the construction and/or reconstruction of certain City of Round Rock water and wastewater 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 construction and/or reconstruction of certain City of Round Rock water and wastewater 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 March 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson • Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11.D.2. Consider a resolution authorizing the Mavor 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 Martin, Director of Transportation Services 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, and demonstrates Round Rock's support for and facilities the construction of the SH 45 project. This agreement provides for joint usage of the TTA rights-of-way with the City.for location of applicable water and wastewater lines and appurtenances for SH 45 from McNeil Road-to High Country Blvd. There will be no rental charge to the City for their use of the TTA rights-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 relocate certain of its facilities 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 142 MARCH 11,2004 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 March, 2004. 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: 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.D.3. Consider a resolution authorizing the Mavor to execute a Contract for Engineering Services with HDR Engineering, Inc. for IH-35 modifications from Chandler Road to Westinghouse Road. Tom Martin, Director of Transportation Services made the staff presentation. HDR Engineering has provided preliminary work on the I-35 modification • project since 2003. The work to be performed under this contract will consist of the following work elements: (1) Development of Schematic Design for IH-35 and frontage roads from approximately 1,000 feet south of Chandler Road to approximately 1,000 feet north of Westinghouse Road; (2) environmental clearance; (3) right-of-way requirements; (4) utility adjustments; (5) develop Plans, specs and estimates; (6) roadway design; (7) drainage design; (8) signing, markings and signalization; (9) develop miscellaneous roadway details; (10) bridge design; (11) geotechnical investigation; and (12) construction phase services. The cost of this contract is $836,329.00 and is tied to the Simon Development Project. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for IH-35 modifications from Chandler Road to Westinghouse Road, and WHEREAS, HDR Engineering, Inc. has submitted a Contract for Engineering Services to provide said services, and • WHEREAS, the City Council desires to enter into said contract with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with HDR Engineering, Inc. for IH-35 modifications from Chandler Road to Westinghouse Road, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of March, 2004. 143 MARCH 11,2004 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. iVOTE: 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.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with HDR Engineering Inc. for the development and delivery of a 2003 Water Distribution System Master Plan. 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 HDR Engineering, Inc. for the development and delivery of a 2003 Water Distribution System Master Plan, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Agreement No. 1 to • the Agreement to modify the provisions for the contract period, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement with HDR Engineering, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of March, 2004. 11.E.2. Consider a resolution authorizing the Mayor to execute agreements with Altivia, DPC Industries, Inc., Bay Chemical and Supply Companv, Pennco, Inc., Fort Bend Services, Inc. and LaRoche Industries, Inc. for the purchase of water treatment chemicals. Tom Clark, Director of Utilities made the staff presentation. Thirty-two vendors were solicited for the purchase of water treatment chemicals. Secure competitive pricing on chemical purchases is used in the treatment of ground and surface water. On February 3, • 2004, eleven bids were received and opened. Staff recommended award of the agreements to the following vendors at a total cost of$201,087. Item #1 Chlorine (1 ton cylinders) Altivia - $409.00 per ton Item #2 Chlorine (150 Ib. cylinders) DPC Industries, Inc. - $57.00 per cylinder Item #3 Liquid Aluminum Sulfate Bay Chemical and Supply - $144.00 per ton Item #4 Hydrofluosilicic Acid 23% PENNCO, INC. - $.0952 per gallon Item #5 Liquid Cationic Polymer Bay Chemical and Supply - $2.62 per gallon & $3.36 per gallon Item #6 Belt Press Polymer Fort Bend Services - $8.936 per gallon Item #7 Anhydrous Ammonia LaRoche Industries - $.33 per Ib. 144 MARCH 11,2004 RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water treatment chemicals, and WHEREAS, the City Council wishes to accept the bids of the suppliers for the water treatment chemicals which are the lowest responsible bids as to specific types of chemicals, Now Therefore BE IT RESOLVED BY 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 Chlorine (1 ton cylinders) with Altivia Corporation, a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein, and That the Mayor is hereby authorized and directed to execute on behalf of the City an i Agreement for Purchase of Chlorine (150 Ib. cylinders) with DPC Industries, Inc., a copy of said Agreement being attached hereto as Exhibit"B" and incorporated herein, and That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Liquid Aluminum Sulfate with Bay Chemical and Supply Company, a copy of said Agreement being attached hereto as Exhibit"C" and incorporated herein, and That the Mayor is hereby authorized and directed-to execute on behalf of the City an Agreement for Purchase of Hydrofluosilicic Acid 23% with PENNCO, Inc., a copy of said Agreement being attached hereto as Exhibit"D" and incorporated herein, and That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Liquid Cationic Polymer with Bay Chemical and Supply Company, a copy of said Agreement being attached hereto as Exhibit"E" and incorporated herein, and That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Belt Press Polymer with Fort Bend Services, Inc, a copy of said Agreement being attached hereto as Exhibit"F" and incorporated herein, and That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Anhydrous Ammonia with LaRoche Industries, Inc., a copy of said Agreement being attached hereto as Exhibit"G" 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 11th day of March, 2004. • 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: 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.F.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County for the extension of County Road 112 from FM 1460 north to Chandler Road. Tom Word, Chief of Public Works Operations made the staff presentation. This agreement proposes that upon completion of construction, Williamson County will request voluntary annexation of CR112 by the City of Round Rock, and that the City will annex and accept CR112 for maintenance and operations. Williamson County is currently constructing the extension of CR112, a two-lane roadway from FM 1460 North to Chandler Road, which will serve future development in the northeast part of the City, including the Higher Education Center. 14 5 MARCH 11,2004 RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Williamson County regarding the extension of CR 112 from FM 1460 north to Chandler Road, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Interlocal Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all.purposes. The City Council.hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of March, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem Nielson • Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 12.A. Consider one appointment to the Historic Preservation Commission to fill a vacant position. One appointment is needed to fill the unexpired term of Martha Ellis. All members of this commission must reside within the city limits for the last twelve months and be an eligible voter. The members should have knowledge and demonstrate interest in preservation-related fields such as architecture, history, archaeology, planning, urban or community design, and historic preservation. Kathy MacKenzie, Earl Palmer, David Leppin, and Billy Huggins submitted an application for appointment to the Historic Preservation Commission. All four individuals were nominated. Results from the poll of the Council are as follows: Kathy MacKenzie - 0 votes Earl Palmer - 6 votes appointed David Leppin - 0 votes Billy Huggins - 0 votes COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:01 p.m. R �p ctfull-y Submitter' Christine R. Martinez, City Secretary 146 MARCH 25, 2004 The Round Rock City Council met in Work Session and Regular Session on Thursday, March 25, 2004 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:00 P.M. Mayor Maxwell called the Work Session to order. 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. PRESENTATION: 3.A.1. Consider a presentation regarding the Strategic Workshop and Baseline Assessment by TIP Strategies. Joe Vining, Executive Director for Community Development made the staff presentation. He reported that in response to the Council identifying economic development as a high priority at their annual winter retreat, TIP Strategies, Inc. was engaged by the City of Round Rock and the Round Rock Chamber of Commerce to prepare an economic development assessment and conduct a planning workshop that will guide the efforts of the city and chamber. John Roberts of TIP Strategies outlined the results of the Strategic Workshop and Baseline Assessment that provided to the Council and staff. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the Regular Session to order. 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 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: Gene Robertson, 1407 Bellmar Drive, spoke on the Clean Air Plan and asked the Council to considered all the factors of this plan before making a decision. Pat Cavanaugh, 2001 Laura Court, spoke on the.Clean Air Plan and asked the Council to get more information on the inspection plan. Mr. Cavanaugh added that he has several concerns and provided a list to the Mayor Maxwell. John Gordon, Linda Hammonds and Dr. Tom Parker spoke on the Hill Country Community Orchestra concert scheduled for April 3rd that will benefit the Solid Rock Medical Clinic that provides treatment to those. in need. Members of the Senior Citizen Foundation thanked everyone who helped with the Daffodil Day Festival. PROCLAMATIONS: 1 1 .4 MARCH 25, 2004 8.A. Consider proclaiming March 2004 as American Red Cross month Mayor Maxwell read the following proclamation and presented it to Marty McPhillips of the American Red Cross. WHEREAS, since September 11, 2001, our Homeland Security Advisory System, that monitors the risk of terrorist attacks in our nation, has been raised to "high" on four separate occasions; and WHEREAS, the American Red Cross of Central Texas has devoted itself to remaining vigilant, prepared and ready to deter terrorist attacks by educating individuals, families, schools and businesses about what they can do at each threat level to strengthen our community's response in the event of future attacks and other disasters; and WHEREAS, the Red Cross understands, more than most, that America and the residents in Central Texas need to be better prepared; and WHEREAS, last year, the American Red Cross responded to 143 disasters in Central Texas, from home fires to windstorms and flooding; and WHEREAS, the Red Cross also serves military families by delivering emergency messages between soldiers and their families back home, and also helps to provide critical aid to the victims of disease, famine, war and natural disasters. NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock do hereby proclaim March 2004 as "American Red Cross Month" and urge all residents of Round Rock to work through the American Red Cross to help prepare their families and this community for emergencies. PROCLAIMED this 25th day of March 2004 8.B. Consider proclaiming March 27, 2004 as Arbor Day. Mayor Maxwell read the following proclamation and presented it to Emsud Horozovic of the Parks and Recreation Department. WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and • WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, 2004 is the 132nd Anniversary of Arbor Day and is now a nationally celebrated,observance that encourages tree planting and tree care; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, provide habitat for wildlife and beautify our community; and WHEREAS; trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and are a source of joy and spiritual renewal wherever they are planted; and WHEREAS, the Parks and Recreation Department's Forestry Division, with the help of hundreds of volunteers will be planting 100 trees in Old Settlers Park at Palm Valley on Saturday, March 27, 2004 from 8:00 a.m. to 12:00 noon for Arbor Day. NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock do hereby proclaim March 27, 2004 as "ARBOR DAY" in the City of Round Rock and urge all citizens to support the efforts to protect our trees and woodlands and further urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. PROCLAIMED this 25th day of March 2004. PRESENTATION: 9.A.1. Consider a presentation on the Citywide Sidewalk Project. Danny Halden, City Engineer made the staff presentation. In June of 2002, staff • presented a plan to the City Council showing areas in various parts of the City where it was felt that sidewalks would meet the needs of pedestrians. Collector roadways, routes to parks, routes to schools, and links between previously constructed sidewalks for connectivity within neighborhoods were the principal factors in determining where funds for sidewalk improvements would best be spent. In addition, it would be prudent to spend funds in as many areas of the City as possible as opposed to just concentrating on one neighborhood. Staff was directed to proceed with expending the entire $1 million of bond funds in the first 14 3 MARCH 25, 2004 issuance of bonds in lieu of spending the funds over three issuances. Sidewalks have been constructed or are in the process of construction in: Dove Creek area (Deerfoot Dr. and Burnet St.); Greenslopes (Ferndale Dr.); Windy Park (Windy Park Dr.); Kensington (Oxford Blvd. and Stratford Dr.); Oak Bluff Estates (Twin Ridge Parkway); The Hermitage (Hermitage Dr., Latigo Trace, Fawn Ridge, and Hunters Trail); Sam Bass Trails (Passage Lane and Hollow Tree Blvd.); Chisholm Valley (Frontier Tri, Old West Dr.,'Rawhide Dr., Trey St., Cactus Dr. and Buckboard Blvd.); Cimarron (Oak Ridge Dr.); Egger Acres (Egger Ave., Nancy Dr., and Wayne Dr.). In the Round Rock West area, sidewalks are being planned for St. Williams Dr., Parkview Dr. and Lake Creek Dr. to be paid for with sidewalk bond funds and constructed in conjunction with the bond project for Various Round Rock West Streets. All of these sidewalk improvements will expend approximately $750,000.00, including engineering. The remainder of the sidewalk bond funds, approximately $250,000.00, will be spent on various sidewalk"gap" projects to fill in areas that for one reason or another have a disconnect. Approximately $25,000.00 has already been expended in Oak Hollow and The Woods. "Gap" projects in South Creek and Bradford Park/High Country areas are imminent. The implementation of sidewalks has met with mixed reaction from the public. It is not uncommon to have residents on the same street offer diametrically opposed opinions - "nobody walks here", " a lot of people walk here", "we need a sidewalk", "we don't need a sidewalk'. Retrofitting sidewalks in existing neighborhoods presents many challenges. , Existing trees, landscaping, mailboxes, and grades are difficult and sensitive issues. In addition, the regulations regarding accessibility must betaken into account, which are not always taken favorably by residents. PUBLIC HEARINGS: 10.A.1. Consider public testimony regarding the application filed by Federalists Investments, LLC to rezone 0.108 acres of land from District SF-2 (Single Family-Standard Lot) to District C-1 (General Commercial). (603 S. Mays) Jim Stendebach, Planning Director made the staff presentation. This tract is located east of South Mays Street and north of Nash Street. This 0.108-acre portion is surrounded by general commercial to the north, south and west and complies with the General Plan 2000. The tract was originally zoned SF-2 in 1969. Subsequently, the west portion of the tract abutting South Mays was rezoned C-1 in 1979, this 0.108 acre tract was not included in that • rezoning. This requested rezoning will unify this tract with the larger commercial tract. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 10.B.1 Consider public testimony concerning the proposed amendments to Chapter 7, Transportation, of the City of Round Rock General Plan 2000. David Bartels, Project Manager of Transportation Services made the staff presentation. Chapter 7, Transportation, of the General Plan requires periodic amendments to ensure the residents are afforded an r 14,9 MARCH 25, 2004 adequate future transportation system. Chapter 7 of the General Plan, along with the Transportation Master Plan, provides the direction for developing a City transportation system that serves the needs of all residents. Due to changing roadway requirements, both internal and external to the City, amendments to Chapter 7, Transportation, of the 2000 General Plan were prepared. The amendments affect the text, roadway map and table and include content and format changes, alignment changes, a new roadway, new planning horizons and a bicycle element, which integrates arterial bicycle facilities with the Parks and Recreation Department Trails Master Plan. This public hearing is required by paragraph 11.310, General Plan Amendments, of the Zoning Ordinance. In compliance with the ordinance, the Planning and Zoning Commission held public hearings on September 17, 2003, January 14, 2004 and February 18, 2004 and subsequently submitted a favorable recommendation to the City Council. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 11. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items. Item 13.E.3 was removed from the consent agenda and addressed in the normal sequence of the agenda. t *12.A. Consider approval of the City Council minutes for the Regular Session of March 11, 2004. *13.E.3. Consider an ordinance establishing an all-way stop at the intersection of Bobby Jones Way-and St. Andrews Drive. (First Reading) Removed from the consent agenda. *13.F.1. Consider an ordinance amending Section 3.06 of the Human Resources Policies and Procedures Manual, concerning inclement weather. (First Reading) *13.F.2. Consider an ordinance amending Section 4.05 of the Human Resources Policies and Procedures Manual, concerning sick leave. (First Reading) *13.F.3. Consider an ordinance amending Section 5.08 of the Human,Resources Policies and Procedures Manual, concerning use of city-owned mobile telephones. (First Reading) 4; • *13.F.4. Consider an ordinance amending Section 5.12 of the Human Resources Policies and Procedures Manual, concerning uniforms. (First Reading) *13.F.5. Consider an ordinance amending Section 5.15 of the Human Resources Policies and Procedures Manual, concerning use and care of city property and equipment. (First Reading) *14.13.1. Consider a resolution authorizing a property tax refund to Round Rock Meadow, Ltd. for 2002 taxes in the amount of $4,563.04. 15 MARCH 25, 2004 *14.D.1. Consider a resolution authorizing the Mayor to execute an engagement letter with Paul Hornsby & Company for appraisal services for right-of-way acquisition for the Highway 79 Box Culvert Proiect. *14.E.1. Consider a resolution authorizing the Mayor to execute an Agreement for the Purchase of Uniform Rental from Cintas Corporation for uniform service for City personnel. * 14.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Camp Dresser & McKee, Inc. for the design of the Water Treatment Plant Expansion, Phase V. *14.G.4. Consider a resolution authorizing the Mayor to execute an Agreement with CTL/Thompson Texas for construction materials testing and inspection services for Fire Station #6. *14.1-1.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 to the Agreement for Engineering Services with Baker-Aicklen & Associates, Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane. *14.1-1.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Alliance Texas for traffic signal design for the intersections of McNeil Road at St. Williams Avenue and McNeil Road at Oakridge Drive. *14.1-1.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Freese and Nichols, Inc. for preliminary schematic design services for improvements to Ledbetter Street. MOTION: Councilmember Rhode moved to approve all the items remaining on the consent agenda. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. MOTION: Councilmember McGraw moved to dispense with the second reading of the • ordinance for Item 13F1 with the unanimous consent of all the Councilmembers present. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 1 .5 .1 MARCH 25, 2004 MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance for Item 13F2 with the unanimous consent of all the Councilmembers present. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance for Item 13F3 with the unanimous consent of all the Councilmembers present. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem Nielson moved to dispense with the second reading of the ordinance for Item 13F4 with the unanimous consent of all the Councilmembers present. • Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. MOTION: Councilmember Knight moved to dispense with the second reading of the ordinance for Item 13F5 with the unanimous consent of all the Councilmembers present. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *12.A. Consider approval of the City Council minutes for the Regular Session of March 11, 2004. This item was approved under the consent agenda. ORDINANCES: 13.A.1. Consider an ordinance amending Chapter 1 of the Round Rock Code of Ordinances (1995 Edition), adding Section 1.2206 allowing for a statutorily authorized 30% 152 MARCH 25, 2004 collection fee on certain pre- and post-judgment municipal court fees and fines (First Reading) David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. The Legislature recently approved the application of a fee for debts, accounts receivable and amounts in cases in which the accused has failed to appear before the Municipal Court. The City entered into a contract with a law firm to collect these items when they become 60 days past due. Though the additional fee is authorized by the state law, a • prudent measure is to also have the City Council approve the fee. This action provides for a formal and specific adoption of the statutory fee in addition to the authority provided by state law. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, ADDING SECTION 1.2206, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ALLOWING FOR A STATUTORILY AUTHORIZED 30% COLLECTION FEE ON CERTAIN PRE- AND POST-JUDGMENT MUNICIPAL COURT FEES AND FINES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.A.2. Consider an ordinance amendina Chapter 7 of the Round Rock Code of Ordinances, adding Section 7.512 concerning amendments to Section 7.500, Police Disciplinary Procedure. (First Reading) Jim Nuse, City Manager made the staff presentation. In June 2002, the City Council adopted an ordinance creating a comprehensive process to address disciplinary action, and establishing a fair and impartial system to review the resulting disciplinary action. In June 2003 the Council adopted an amendment to Chapter 7, Sections 7.505, and 7.506 of the Code, which lengthened the amount of time required for the Human Resources Director to appoint a disciplinary review panel and schedule a panel hearing. The amendment also more clearly defined what ordinance policy, rule or order violations may result in a disciplinary action. Prior to adopting Ordinance No. G-02-06-13- 13A1, no City policy addressed these issues as they related to Police Officers. Changes to • address some implementation issues associated with the process outlined in the ordinance are: A) Proposed amendment to the Ordinance will require a fourteen (14) day posting of the public hearing on the Police Department bulletin board. B) Two separate public hearings, and C) The second reading of the ordinance must take place at a separate regular meeting than the first reading of the ordinance. ORDINANCE NO. ay - 153 MARCH 25, 2004 - AN ORDINANCE AMENDING CHAPTER 7, ADDING SECTION 7.512, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CONCERNING AMENDMENTS TO SECTION 7.500, POLICE DEPARTMENT DISCIPLINARY PROCEDURE; 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: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. MOTION: Councilmember Coe moved to dispense, with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. • 13.B.1. Consider an ordinance amending the 2003-2004 Operating Budget. (First Reading) Cindy Demers, Finance Director made the staff presentation. This amendment revises the FY 2003-2004 operating budget to reflect strategic operating adjustments for the current fiscal year. General Fund highlights include partial year funding for the new economic development initiative with the Round Rock Chamber of Commerce, funding for additional operating personnel and funding for expenditures associated with the Streamline Sales Tax Project, the Volunteer Center and Municipal Court. This revision also includes the anticipated receipt of the Federal Emergency Management Agency (FEMA) grant awarded to the Fire Department as well as additional personnel for the water and wastewater Utility Fund. From time to time the City's operating budget must be adjusted to reflect significant revenue and expenditure changes for the year. Primarily increased sales tax revenues, grant revenues and operational savings provide the available funds for this adjustment. The Budget Revision #1 for Fiscal Year 2003-2004 follows: • Revised Budget #1 Variance General Fund Revenues $57,403,737 $ 1,048,387 Expenditures (57,399,043) ( 1,047,8611 Total Change in Fund Balance $ 4,694 $ 526 Utility Fund Revenue $24,483,700 $ 0 Operating Expenditures (24,483,7001 (50,0771 Change in Working Capital 0 $ (50,077) Councilmember Rhode asked that a policy and procedure be developed for a reserve to address the streamline sales tax issue. '154 MARCH 25, 2004 ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO. 1 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2003-2004. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.C.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in 3.108 acres of land, and a waterline easement interest in .367 acre of land and .187 acre of land for the proposed Highway 79 Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Palm Valley parcels) (First Reading) Steve Sheets, City Attorney made the staff presentation. This ordinance will allow for the City Attorney to initiate eminent domain proceedings to acquire the necessary property interests so that the Highway 79 improvement project can be constructed. ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF 3.108 ACRE, AND A WATERLINE EASEMENT ACQUISITION IN .367 ACRE AND .187 ACRE; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE HIGHWAY 79 IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember McGraw moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt 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 Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell .Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. i . 15 -5 MARCH 25, 2004 13.C.2. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in 1.051 acres of land, and a waterline easement interest in .175 acre of land for the proposed Highway 79 Improvement Project and if necessary, authorizing the City Attorney to initiate eminent domain proceedings (Thomison parcel) (First Reading) Mayor Pro-tem Nielson disclosed that he will abstain from the discussion • and vote on this item due to a conflict of interest. Steve Sheets, City Attorney made the staff presentation. This ordinance will allow for the City Attorney to initiate eminent domain proceedings to acquire the necessary property interests so that the Highway 79 improvement project can be constructed. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF .ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF 1.051 ACRE, AND A WATERLINE EASEMENT ACQUISITION IN .175 ACRE; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE HIGHWAY 79 IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt Abstain: Mayor Pro-tem Nielson ACTION: The motion carried with 5 ayes and 1 abstention. 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 Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt Abstain: Mayor Pro-tem Nielson ACTION: The motion carried unanimously. 13.C.3. Consider an ordinance determining the public necessity for the acquisition • of a drainage easement interest in 0.18 acre of land for the proposed Highway 79 Box Culvert_Proiect, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Baack parcel) (First Reading) This item was withdrawn from the agenda at the request of staff. 13.D.1. Consider an ordinance rezoning 4.86 acres of land from District PUD (Planned Unit Development) to District PF (Public Facility). (Westside Church of Christ) (Second Reading) Jim Stendebach, Planning Director made the staff presentation. This 156 MARCH 25, 2004 tract is located north of FM 1431, east of the current Westside Church of Christ, and west of Mayfield Ranch Boulevard. On November 25, 2003, the City Council approved the rezoning of the Westside Church of Christ to PF (Public Facilities). The Westside Church of Christ acquired this 4.86 acres subject tract, which was not included in the approved rezoning of November 25, 2003. The zoning ordinance requires church facilities in excess of 2,500 square feet of accessory uses to be zoned PF (public facilities). The intent behind this • regulation is to ensure greater compatibility between large church complexes and adjacent residential uses. The church's location along FM 1431, a major arterial, qualifies the tract for Public Facilities zoning. The Council also approved a restrictive covenant to limit Church uses to a total of 27,500 square feet. Should the Church wish to expand beyond the agreed 27,500 square feet, then a City approved Traffic Impact Analysis would be required. The tract is intended to provide access to Mayfield Ranch Boulevard and to accommodate future Church uses. Staff recommended approval of the re-zoning so long as the restrictive covenant current) recorded with the Count be amended to include the subject tract. The y v � covenant restricts the uses on the tract to church uses only and restricts total square footage (for all tracts of the Westside Church of Christ) to 27,500 square feet. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY • OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 4.86 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO DISTRICT PF (PUBLIC FACILITY). MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.D.2. Consider an ordinance rezoning 2.46 acres of land from District PUD (Planned Unit Development) to District PF (Public Facility). (Westside Church of Christ) (Second Reading) Jim Stendebach, Planning Director made the staff presentation. This • tract is located north of FM 1431, east of the current Westside Church of Christ, and west of Mayfield Ranch Boulevard. On November 25, 2003, the City Council approved the rezoning of the Westside Church of Christ to PF (Public Facilities). This 2.46 acres tract was acquired after the re-zoning on November 25, 2003. The tract is intended to provide access to Mayfield Ranch Boulevard and to accommodate future Church uses. Staff recommended approval of the rezoning as long as the restrictive covenant currently recorded with the County is amended to include this tract. The covenant restricts the uses on the tract to ,'z:"s`%;yi'i`i ;•.a„!1i4c';li:J":.�`;',p 1 5 .7 MARCH 25, 2004 church uses only and restricts total square footage (for all tracts of the Westside Church of Christ) to 27,500 square feet. 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 2.46 ACRES OF LAND, MORE OR LESS, OUT OF THE • EPHRAIM EVANS SURVEY, ABSTRACT .NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM PLANNED UNIT DEVELOPMENT DISTRICT -(PUD) TO DISTRICT PF (PUBLIC FACILITY). MOTION: Councilmember Coe moved to adopt the ordinance. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.D.3. Consider an ordinance amending the 2003-2004 Community Development Block Grant budget. (First Reading) Mona Ryan, Community Development Coordinator made the staff presentation. The Microenterprise Assistance Program was discontinued September 30, 2003. The remaining unspent funds total $20,572.86. The Community • Development Advisory Commission recommended reallocating this money to the 2004 Minor Home Repair Program in November, 2003. This is considered a p g substantial amendment and must follow the criteria established in our Citizen Participation Plan for reallocation of fund s. A Notice to the Public of a 30 Day Comment Period was posted at City Hall, the Williamson County and Cities Health District bulletin board, and the Senior Center on January 23, 2004. No comments were received. ORDINANCE NO. AN ORDINANCE AMENDING THE 2003-2004 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.D.4. Consider an ordinance rezoning 0.108 acres of land from District SF-2 (Single Family-Standard Lot) to District C-1 (General Commercial). (603 S. Mays) (First Reading) A presentation was made for this item during the public hearing, which was held earlier in the meeting. 158 MARCH 25, 2004 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 0.108 ACRES OF LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) TO DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Councilmember Knight moved to adopt the ordinance. Mayor Pro-tem • Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. MOTION: Councilmember Coe moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None Absent: Councilmember Pitt Councilmember McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 13.E.1. Consider an ordinance adopting a Comprehensive Transportation Master Plan. (Second Reading), David Bartels, Project Manager, Transportation Services made the staff presentation. Due to changing roadway requirements, both internal and external to the City, Transportation Services has prepared an amendment to the Transportation Master Plan, as well as the Transportation Element of the 2000 General Plan. The amendment affects the text, roadway map and table and includes content and format changes, alignment.changes, a new roadway, new planning horizons and a bicycle element, which integrates arterial bicycle facilities with the Parks and Recreation Department Trails Master Plan. ORDINANCE NO. • AN ORDINANCE ADOPTING A "COMPREHENSIVE TRANSPORTATION MASTER PLAN, MARCH 2004," WHICH CONSTITUTES THE CITY OF ROUND ROCK'S TRANSPORTATION POLICY; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem Nielson moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode 15 .9 MARCH 25, 2004 Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 13.E.2. Consider an ordinance adopting amendments to Chapter 7 Transportation of the Citv of Round Rock General Plan 2000. (First Reading) A presentation was made for this item during the public hearing, which was held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE GENERAL PLAN OF THE CITY OF ROUND ROCK, TEXAS, CODIFIED UNDER SECTION 11.107, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE EXECUTIVE SUMMARY AND CHAPTER 7; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt 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 Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. *13.E.3. Consider an ordinance establishing an all-way stop at the intersection of Bobby Jones Way and St. Andrews Drive. (First Reading) Tom Martin, Director of Transportation Services made the staff presentation. This location.meets the warrants contained in the Texas Manual on Uniform Traffic Control Devices (TMUTCD) for the • establishment of a three way stop. Based on complaints from residents in the vicinity of this intersection, citing excessive speeds of traffic on Bobby Jones Way as well as concerns for the safety of children playing in front yards of houses on Bobby Jones Street, the Department Transportation Services performed a study at this location. The study revealed that the traffic on both streets was sufficient to warrant the placement of Stop Signs on Bobby Jones Way to supplement the Stop Sign on St. Andrews Drive. Additionally, it was found that approximately 57% of the traffic using Bobby Jones Street exceeded 34 mph. The Council and staff discussed the necessity of this three way stop sign. MARCH 25, 2004 ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF BOBBY JONES WAY AND ST. ANDREWS DRIVE AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: This ordinance died due to the lack of a motion. *13.F.1. Consider an ordinance amending Section 3.06 of the Human Resources Policies and Procedures Manual, concerning inclement weather. (First Reading) This item • was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 3.06 OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL, CONCERNING INCLEMENT WEATHER; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. *13.F.2. Consider an ordinance amending Section 4.05 of the Human Resources Policies and Procedures Manual, concerning sick leave. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 4.05 OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL, CONCERNING SICK LEAVE; 'AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. *13.F.3. Consider an ordinance amending Section 5.08 of the Human Resources Policies and Procedures Manual, concerning use of city-owned mobile telephones. (First • Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 5.08 OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL, CONCERNING USE OF CITY-OWNED MOBILE TELEPHONES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. *13.F.4. Consider an ordinance amending Section 5.12 of the Human Resources Policies and Procedures Manual, concerning uniforms. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 5.12 OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL, CONCERNING UNIFORMS AND GENERAL DRESS GUIDELINES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. *13.F.5. Consider an ordinance amending Section 5.15 of the Human Resources Policies and Procedures Manual, concerning use and care of city property and equipment • (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 5.15 OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL, CONCERNING USE AND CARE OF CITY PROPERTY AND EQUIPMENT; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. RESOLUTIONS: 161 MARCH 25, 2004 14.A.1. Consider a resolution authorizing the Mayor to execute an Interjurisdictional Mutual Aid Agreement with Williamson County and all municipalities in or partially in Williamson County regarding the request and provision of emergency aid. Paul Conner, Police Chief made the staff presentation. The Capital Area Planning Council (CAPCO) has been working to update mutual aid agreements as part of the CAPCO • region's homeland security planning and to ensure continued eligibility for additional federal funding for equipment. The CAPCO Executive Committee adopted this agreement as a document that fulfills the goal of allowing cities and counties to easily call on each other in the event of a catastrophe without confusion over the different terms used by different agencies. This agreement is a plan to foster communications and the sharing of resources, personnel and equipment in the event of calamities, including terrorism-related events. The agreement formalizes how mutual aid will be requested and provided in the future. 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 Interjurisdictional Mutual Aid Agreement with Williamson County and all municipalities in or partially in Williamson Countyregarding the request and provision of emergency aid, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Interjurisdictional Mutual Aid Agreement, a copy of same being attached hereto as • Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of March, 2004. 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 Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None • Absent: Councilmember Pitt ACTION: The motion carried unanimously. *14.8.1. Consider a resolution authorizing a property tax refund to Round Rock Meadow, Ltd. for 2002 taxes in the amount of $4,563.04. 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 162 MARCH 25, 2004 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, Round Rock Meadows, Ltd., has made an overpayment or erroneous payment of 2002 taxes in the amount of $4,563.04; 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 $4,563.04. • 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 25th day of March, 2004. 14.C.1. Consider a resolution authorizing the Mayor to execute a contract with G. Creek, Inc. for construction associated with the Clay Madsen Recreation Center Cardiovascular Room Expansion Project. James Hemenes, Parks and Recreations Department made the staff presentation. The Clay Madsen Recreation Center was opened in 2000. This expansion is anticipated to meet the community's needs at least until the construction of the new recreation center scheduled for approximately 2006/2007. The demand for the Clay Madsen Recreation Center's Cardiovascular Room has increased such that it is necessary to expand the existing area to accommodate additional equipment. Resident's/Patron's comments have consistently expressed the need for a larger facility. The expansion will cost $38,500.00. • RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for construction associated with the Clay Madsen Recreation Center Cardiovascular Room Expansion Project, and WHEREAS, G. Creek, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of G. Creek, 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 Contractor where the basis of payment is a Stipulated Sum with G. Creek, 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 25th day of March,.2004. 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 Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt 16 .3 MARCH 25, 2004 ACTION: The motion carried unanimously. *14.D.1. Consider a resolution authorizing the Mayor to execute an engagement letter with Paul Hornsby & Company for appraisal services for right-of-way acquisition for the Highway 79 Box Culvert Project. This 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 Highway 79 Box Culvert Project, and WHEREAS, Paul Hornsby & Company has submitted an engagement letter to provide said.services, and WHEREAS, the City Council desires to enter into said engagement letter 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 an engagement letter with Paul Hornsby & Company for appraisal services regarding the acquisition of right-of-way for the Highway 79 Box Culvert 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 25th day of March, 2004. *14.E.1. Consider a resolution authorizing the Mayor to execute an Agreement for the Purchase of Uniform Rental from Cintas Corporation for uniform service for City personnel. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock has duly advertised for bids for uniform rental service, and WHEREAS, Cintas Corporation has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Cintas Corporation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Uniform Rental with Cintas Corporation, 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 25th day of March, 2004. *14.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Camp Dresser & McKee, Inc. for the design of the Water Treatment Plant Expansion, Phase V. This was approved under the consent agenda. The cost is $8,400.00. • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Camp Dresser and McKee, Inc. for the design of the Water Treatment Plant Expansion, Phase V, 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. 164 MARCH 25, 2004 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2004. NYLE MAXWELL, Mayor .City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • 14.G.1. Consider a resolution determining that "Competitive Sealed Proposal" is the delivery method which provides the best value for the City for the construction of the new Police Station located at 501 East Old Settlers Boulevard. Tom Martin, Director of Transportation Services 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. • 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 new Police Station located at 501 East Old Settlers 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 Police 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 this 25th day of March, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 165 MARCH 25, 2004 MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 14.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 #2 located at 206 West Bagdad. Tom Martin, Director of Transportation Services 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. 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 Fire Station #2 located at 206 West Bagdad, 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 #2. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 166 MARCH 25, 2004 MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None • Absent: Councilmember Pitt ACTION: The motion carried unanimously. 14.G.3. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement between Owner and Architect with Standard Form of Architects Services and Supplemental Agreement No. 1 with Brinkley Sargent Architects Inc for the design and construction phase of the new Police Station at 501 E. Old Settlers Boulevard. Tom Martin, Director of Transportation Services made the staff presentation. The new police department building will be located at 501 East Old Settlers Boulevard. The building will be built on 8.68 acres and is being designed with future expansion and growth in mind. The building will provide office and training space with a long-term facility plan at this central location. Brinkley Sargent Architects, Inc. has completed the schematic design phase of the project. The city will now enter into the design development, construction drawings, bidding and construction administration phases of the police department at a cost of $673,565.00. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the design and construction phase of the new Police Station at 501 E. Old Settlers Boulevard, and WHEREAS, Brinkley Sargent Architects, Inc. has submitted a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ("Agreement"), and Supplemental Agreement No. 1 to provide said services, and WHEREAS, the City Council desires to enter into said Agreement, and Supplemental Agreement No. 1 with Brinkley Sargent Architects, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ("Agreement"), and Supplemental Agreement No. 1 with Brinkley Sargent Architects, Inc. for the design and construction phase of the new Police Station, 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 March, 2004. KYLE MAXWELL, 'Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode LL 167 MARCH 25, 2004 Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. *14.G.4. Consider a resolution authorizing the Mayor to execute an Agreement with CTL/Thompson Texas for construction materials testing and inspection services for Fire Station #6. This was approved under the consent agenda. The cost is $14,896.00. RESOLUTION NO. O WHEREAS, the City of Round Rock desires to retain consulting services for construction phase inspection and testing for the construction of Fire Station No. 6, and WHEREAS, CTL/Thompson Texas has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council wishes to enter into said agreement with CTL/Thompson Texas, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services for Construction Phase Inspection and Testing Services for Fire Station No. 6 with CTL/Thompson Texas, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 25th day of March, 2004. 14.G.5. Consider a resolution authorizing the Mavor to execute a contract with Nelson Lewis. Inc. for construction of the utilities portion of the various Round Rock West • Streets Proiect and the replacement of tubing services in the area. Danny Halden, City Engineer made the staff presentation. This is the first phase of the various Round Rock West Streets G.O. Bond project. The second phase will address street and minor drainage repairs in the subdivision. This will correct problems with water mains and services that do not meet current standards and that have a history of frequent breaks. The amount of the contract is $1,110,110.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the utilities portion of the various Round Rock West Streets Project and the replacement of blue tubing services in the area, and WHEREAS, Nelson Lewis, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Nelson Lewis, 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 Nelson Lewis, Inc. for the utilities portion of, the various Round Rock West Streets Project and the replacement of blue tubing services in the area. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of March, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 16 MARCH 25, 2004 MOTION: Councilmember McGraw moved to approve the resolution. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt • ACTION: The motion carried unanimously. 14.G.6. Consider a resolution authorizing the Mavor to execute the Austin/Round Rock Metropolitan Statistical Area (MSA) Clean Air Action Plan for the Early Action Compact Michael Thane, Engineer made the staff presentation. On December 18, 2003, the City of Round Rock executed a resolution in support of the recommended emission reduction measures for inclusion in the Austin/RoundRock MSA Clean Air Action Plan. Adoption of this resolution indicated the City's support of the CRAP, which is divided into two categories. The first category identifies measures recommended as mandatory requirements in all MSA counties (except where noted) and implemented by state rule (Table 1 of the CAAP). The second category contains measures recommended for voluntary implementation by local regulation, agreement, or voluntary agreement (Table 2 of the GAAP). The voluntary measures show the City's fair share obligation to emission reductions. In January 2004, a Draft CAAP with these emission reduction measures from the 12 city and county • governments with the MSA, was submitted to the TCEQ for their review. TCEQ has completed their review and their comments have been incorporated into, this Final CARP. Using the Early Action Compact protocol, the Austin/Round. Rock MSA has prepared a Clean Air Action Plan (CARP) that provides clean air sooner, maintains local flexibility, and defers the effective date of non-attainment designation for the 8-hour ozone standard for the term of the agreement. RESOLUTION NO. WHEREAS, the City of Round Rock is committed to protecting the health and economic vitality of the Round Rock community, and WHEREAS, protecting the region's air quality is important to the community's health and economic vitality, and WHEREAS, the Austin/Round Rock MSA has studied the issue of air quality and has prepared a Clean Air Action Plan ("Plan") based on the Early Action Compact issued by the Environmental Protection Agency, and WHEREAS, the City Council wishes to approve of said Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock hereby declares its support of the Austin/Round Rock MSA Clean Air Action Plan for the Early Action Compact, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes, and BE IT FURTHER RESOLVED, That Mayor Nyle Maxwell is authorized to sign the Austin/Round Rock MSA Clean Air Action Plan for the Early Action Compact on behalf of the City of Round Rock. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required.by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of March, 2004. NYLE MAXWELL, Mayor 16 9 MARCH 25, 2004 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 Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. 14.G.7. Consider a resolution in support of the States Vehicle Inspection and Maintenance Program as part of the Austin/Round Rock Metropolitan Statistical Area (MSA) Clean Air Action Plan for the Early Action Compact. Mayor Maxwell disclosed that he would abstain from this item due to the type of business he owns. Michael Thane, Engineer made the staff presentation. On December 18, 2003, the City of Round Rock executed a resolution in support of the recommended emission reduction measures (which included I&M) for inclusion in the Austin/Rou nd Rock MSA Clean Air Action Plan. Adoption of this resolution indicated the City's support of the CRAP, which is divided into two categories. The first category identifies measures recommended as mandatory requirements in all MSA counties (except where noted) and implemented by state rule. The second category contains measures recommended for voluntary implementation by local regulation, agreement, or voluntary agreement. The I&M Program is a mandatory requirement listed in Table 1 of the CARP. The Austin/Round Rock MSA has prepared a Clean Air Action Plan (CARP) with selected emission reduction measures that provides clean air sooner, maintains local flexibility, and defers the effective date of non-attainment designation for the 8-hour ozone standard. The emission reduction measure that will contribute the biggest reduction in on-road emissions is the Inspection and Maintenance (I&M) Program. The I&M Program has been included in the CAAP and is designed for use in the MSA's three urbanized counties (Hays, Travis, and Williamson). Implementation is contingent upon approval from the commissioner's court of each county and from the city z council of the largest city in each county. This is a well-defined stated program with a high • degree of certainty regarding quantifying reductions, implementation, and enforcement. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Early Action Compact Agreement ("Agreement") with the U.S. Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) in order to proactively and effectively address the region's air quality issues, and WHEREAS, the City of Round Rock is in support of the Clean Air Action Plan that consists of numerous state and locally implemented measures to improve the area's air quality, including a motor vehicle emissions inspection and maintenance program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, 17 :n PARCH 25, 2004 1. The City of Round Rock will be included in the state's Motor Vehicle Emissions Inspection and Maintenance (I/M) Program, which will initially inspect vehicle emissions utilizing On-Board Diagnostics (OBD) and Two-Speed Idle (TSI) tests, and which is adopted pursuant to the Texas Health and Safety Code §382.302 as part of the Austin/Round Rock MSA Clean Air Action Plan for the Early Action Compact. 2. The I/M Program will be implemented in the City of Round Rock on or after April 1, 2005, but no later than December 31, 2005. 3. The TCEQ will perform an evaluation of the program after two years of operation, consult with the jurisdiction that initially requested the I/M Program and, depending on the results of the evaluation, make changes to improve the program's effectiveness, if necessary. • 4. If, after a minimum of four years, the I/M Program, as implemented, does not achieve the desired effects or is determined to be unnecessary, any participating county, and the largest city in that county, can petition TCEQ to terminate the Program in that county. 5. If the Early Action Compact for the Austin/Round Rock MSA is invalidated for any reason prior to the adoption of the Austin/Round Rock MSA Clean Air Action Plan For the Early Action Compact into the State Implementation Plan, this I/M Program will be terminated as well, unless the same participating local jurisdictions that initially requested the I/M Program otherwise agree to maintain it. 6. Pursuant to the Health and Safety Code §382.302, this resolution is effective only if TCEQ determines that the Austin/Round Rock MSA Clean Air Action Plan for the Early Action Compact is adequate and provides written notification of its adequacy to the Clean Air Action Plan signatories. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2004. 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 Knight Councilmember Rhode Councilmember Coe Nays: None Absent: Councilmember Pitt Abstain: Mayor Maxwell ACTION: The motion carried unanimously. *14.H.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 to the Agreement for Engineering Services with Baker-Aicklen & Associates, Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane. This item was approved under the consent agenda. This will allow for a contract extension at no cost. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into a contract for engineering services.("Contract") with Baker-Aicklen &Associates, Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane, and WHEREAS, Baker-Aicklen &Associates, Inc. has submitted Supplemental Contract No. 5 to the Contract for Engineering Services to extend the contract period, and WHEREAS, the City Council desires to enter into said Supplemental Contract No. 5 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 Contract No. 5 to the Contract for Engineering Services with Baker-Aicklen & Associates, Inc., a copy of same being.attached hereto as Exhibit"A" and incorporated herein. - 17/' 1 MARCH 25, 2004 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2004. *14.H.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Alliance Texas for traffic signal design for the intersections of McNeil Road at St. Williams Avenue and McNeil Road at Oakridge Drive. This item was approved under the consent agenda. This will extend the contract until December 31, 2004. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an agreement for engineering services ("Agreement") with Alliance Texas Engineering for traffic signal des!gn at the intersections of McNeil Road at St. Williams Avenue and McNeil Road at Oakridge Drive, and WHEREAS, Alliance Texas Engineering has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services to extend the contract period, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 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 Supplemental Agreement No. 1 to the Agreement for Engineering Services with Alliance Texas Engineering, 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 25th day of March, 2004. *14.H.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Freese and Nichols, Inc. for preliminary schematic design services for improvements to Ledbetter Street. This item was approved under the consent agenda. The cost is $11,366.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Freese and Nichols, Inc. for preliminary schematic design services for improvements to Ledbetter Street, and WHEREAS, Freese and Nichols, 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 Freese and Nichols, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Engineering Services with Freese and Nichols, 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 March, 2004. 14.H.4. Consider a resolution authorizing the Mayor to execute an Agreement with the Capital Area Rural Transportation System for 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 172 MARCH 25, 2004 Rock for many years. CARTS has received funding for rural transportation programs 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 from the rural program. This agreement will provide for continuation of public transportation services in Round Rock for fiscal year 2003-2004, so that the Elderly and disabled citizens will continue to receive public transportation services. The cost will be • $45.00 per hour of service, not to exceed three hundred twenty-four (324) hours per month and one hundred seventy-five thousand dollars ($175,000.00) per year. 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 October 1, 2003 through September 30, 2004, Now Therefore BE IT RESOLVED BY 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. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Knight moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Pitt ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 9:29 p.m. Respectfully submitted, Christine R. Martinez, City Secretary MARCH 26, 2004 The Round Rock City Council met in a Special Called Session on Friday, March 26, 2004 in the City Council Chamber, 221 E. Main Street. CALL SPECIAL SESSION TO ORDER: Mayor Maxwell called the Special Session to order at 4:00 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, • Councilmember Alan McGraw, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Mayor Pro-tem Tom Nielson and Councilmember Carrie Pitt were absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. RESOLUTIONS: 3.A.1. Consider a resolution authorizing the Mayor to execute an Agreement for the Temporary Closure of State Right-of-Way, U.S. 79, with the Texas Department of Transportation for the First Annual Texas Road Rash Inline Skating Marathon and 1/z Marathon. Rick Atkins, Assistant Director, Parks and Recreation Department made the staff presentation. This agreement completes the process to conduct the Texas Road Rash Inline Skating Marathon. This agreement will allow • the temporary closing of a portion of U.S. 79 from County Road 122 to just west of the entrance to Harrell Parkway for the marathon. RESOLUTION NO. WHEREAS, the State of Texas, through the Texas Department of Transportation ("TxDOT") owns and operates a system of highways for public use, including US 79 in Round Rock, and WHEREAS, the City of Round Rock Parks and Recreation Department has made a request to TxDOT that the outside westbound lane of US 79 from County Road 122 to just west of the entrance to Harrell Parkway be closed on March 28, 2004 from 6:30 a.m. to 12 noon for the Texas Road Rash Inline Skating Marathon ("Event"), and WHEREAS, the City Council has determined that the Event will serve a legitimate public purpose, and WHEREAS, City Council wishes to enter into an Agreement for the Temporary Closure of State Right-of-Way with TxDOT authorizing the closure of US 79 as set forth above, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Texas Road Rash Inline Skating Marathon will serve a legitimate public purpose, and • BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for the Temporary Closure of State Right-of-Way with the Texas Department of Transportation, 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 March, 2004. 174 MARCH 26, 2004 NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember PP Knight moved to approve the resolution. 9 Councilmember Rhode seconded the motion. • VOTE: Ayes: Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem Nielson Councilmember Pitt ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 4:05 p.m. • d, ectfully e pSubmitte =� 0-Mo' Christine R. Martinez, City Secretary J i 175 APRIL 8, 2004 NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary "NMOTIO Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Pitt seco. e motion. • VO Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Ls: None ACTION: The rried unanimously. *10.G.1. Conssolution authorizing the Mayor to execute Change Order No. 2 with Bland Schroeder Ar h for the construction of turn lanes on Gattis School Road at Via Sonoma Doublecreek ive at the Post Office driveway, and Louis Henna Boulevard at Meister Lane. The item was proved under the consent agenda. RESO WHEREAS, the City of R ock has previously entered into a contract ("Contract") with Bland/Schroeder/Archer, L.P. for the tion of turn lanes on Gattis School Road at Via Sonoma, Doublecreek Drive at t e Pos ce Driveway, and Louis Henna Boulevard at Meister Lane, and WHEREAS, the Council has deter ithat it is necessary to extend the contract date, and WHEREAS, it has been determined is necessary to change said Contract in accordance with the attached Contract G an r No. 2, Now Therefore BE IT RESOLVED BY THE COUNCIL OF T E C TY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized an irected to execute on behalf of the City Contract Change Order No. 2 to the Contract it Bland/Schroeder/Archer, L.P. for the construction of turn lanes on Gattis School Road t Via Sonoma,,Doublecreek Drive at the Post Office Driveway, and Louis Henna Boulevard t Meister ane, a copy of said change order being attached hereto as Exhibit"A" and incorp ated'`erein for all purposes. The City Council hereby finds and declares that ritten(OD)e of the date, hour, place and subject of the meeting at which this Resolution wa `ado was posted and that such meeting was open to the public as required by law at all i es g which this Resolution and the subject matter hereof were discussed, considere a d for ally acted upon, all as required by-the Open Meetings Act, Chapter 551, Texas Gov r erCode, as amended. RESOLVED this 8th day of April, 2004. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:1 p.m. Respectfully Submitte Christine R. Martinez, City Secretary 176 APRIL 8, 2004 The Round Rock City Council met in Regular Session on Thursday, April 8, 2004 in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER: Mayor Maxwell call the'Regular Session 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: Gisele Schaefer, 2003 Woods Cove, spoke on.Habitat for Humanity of Greater Round Rock, Inc. Efrain Davila, 1703 Indian Camp Trail, spoke on the upcoming EI Amistad Club Fiesta. Mayor Maxwell read the following proclamation and presented it to Chief Conner. WHEREAS, Chief Conner has announced his plans to retire after five years with the City of Round Rock's Police Department and more than thirty years in law enforcement; and WHEREAS, Chief Paul Conner has faithfully served the City with his undying dedication to law enforcement, which exemplifies the qualities desired in all City employees; • and WHEREAS, within the past five years, the City of Round Rock's Police Department has grown from 89 to 119 officers; and WHEREAS, under Chief Conner's leadership the Police Department was reorganized to a community-based model, has maintained one of the lowest crime rates in the State within the City's population bracket, and nearly all captains and lieutenants graduated from either the FBI National Academy or the Law Enforcement Management Institute of Texas's Leadership; and WHEREAS, Chief Conner consistently represented the City of Round Rock in the best and most admirable of ways - personally and professionally; and WHEREAS, the City Council wishes to express their deep appreciation for the dedication that Chief Conner has given this community. NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim April 20, 2004 as "Chief Conner Day" and urge all citizens to show Chief Conner their appreciation in a worthy manner, and wish him well in his retirement. PROCLAIMED this 8th day of April 2004. PROCLAMATIONS: S.A. Consider proclaiming April 12-18..2004 as Community Development Week. Mayor Maxwell read the following proclamation and presented it to Mona Ryan, Community Development Coordinator, Planning Department. • WHEREAS, the Community Development Block Grant (CDBG) Program has operated since 1975 to provide local governments with the resources required to meet the needs of persons of low- and moderate-income, and CDBG funds are used by thousands of neighborhood- based, non-profit organizations throughout the nation to address pressing neighborhood and human service needs; and WHEREAS, the Community Development Block Grant program has had a significant impact on our local economies through job creation and retention, physical redevelopment and improved local tax bases; and WHEREAS, Round Rock, Texas, and other local governments have clearly demonstrated the capacity to administer and customize the CDBG program to identify, prioritize and resolve pressing local problems, such as affordable housing, neighborhood and human service needs, job creation and retention and physical redevelopment; and 1 7 APRIL 8, 2004 NOW, THEREFORE I, Nyle Maxwell, by virtue of the authority vested in me as Mayor of Round Rock, Texas, do hereby proclaim the week of April 12- April 18, 2004, as "Community Development Week" in Round Rock, Texas, and urge all citizens to join us in recognizing the Community Development Block Grant program and the important role it plays in our community. PROCLAIMED this 8th day of April 2004. S.B. Consider proclaiming April 12-17, 2004 as,National Public Safety Telecommunications Week. Mayor Maxwell read the following proclamation and presented it • to Maureen Ganner. WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters depends upon the quality and accuracy of information obtained from citizens who telephone the Round Rock Police Department Communications Center; and WHEREAS, Public Safety Telecommunicators are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information, and ensuring their safety; and WHEREAS, Public Safety Telecommunicators of the Round Rock Police Department have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients; and WHEREAS, each Telecommunicator has exhibited compassion, understanding, and professionalism during the performance of their job in the past year; NOW, THEREFORE, I, Nyle Maxwell, Mayor, of the City of Round Rock, Texas, do hereby proclaim the week of April 11 through April 17, 2004 as "National Telecommunications Week" in Round Rock, in honor of the men and women whose diligence and professionalism keep our City and citizens safe. • PRESENTATIONS: 6.A.1. Consider presentation and acceptance of the City Secretary's certificate that. the Initiative Petition, regarding the adoption of extended hours for the sale of mixed beverages and beer, is insufficient. A Petitioners' Committee submitted a petition containing 2,331 signatures for the adoption of an ordinance to extend the hours for the sale of mixed beverages and beer. As required by the City Charter, the Committee needed 1,958 valid signatures which is 5% of the number of total qualified voters for the Council to address the request. On March 30th the City Secretary certified the petition insufficient because only 1,526 signatures were valid. A copy of the certificate that was provided to the Petitioners' Committee was provided to the Council. Section 7.04 (c) of the City Charter, states that: If a petition is'certified insufficient, and the petitioners' committee does not elect to amend or request City Council review under subsections (d) and (e) of this section within the time required, the City Secretary shall • present a certificate to the City Council by the next regular City Council meeting which shall be a final determination of the insufficiency of the petition." MOTION: Councilmember McGraw moved to accept the certificate as provided by the City Secretary. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe 178 APRIL 8, 2004 Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 6.A.2. Consider a presentation regarding the economic data on Round Rock restaurants and bars. Jim Nuse, City Manager, noted that at the February 2004 Council work session, the Council asked staff to gather data regarding the economic health of the Round Rock restaurant and bar industry. Staff prepared the report with sales and tax • information obtained from the State Comptroller's Office. The intent of this report is to provide and summarize factual data as reported to the State Comptroller by the establishments in the industry. David Kautz, Assistant City Manager reported that City staff has collected taxable sales data for local restaurants and bars for the period from 1998 (first calendar quarter) through 2003 (second calendar quarter). This is the most recent data available from the Texas State Comptroller and is public record. This report from the Comptroller provides a history and breakdown by quarter for a particular industry code as reported by the entity. It provides gross sales, (which are all sales including taxable, non-taxable and mixed beverages), taxable sales and number of establishments reporting by quarter. It is not broken down to the individual restaurant or bar level. Additionally, the Comptroller will not break u I codes 1 D ' i out sales to c es 58 3 rink n .Places Beer and or Wine Only) or 5814 (Drinking ( 9 / Y) ( 9 Places Selling Alcoholic Beverages). These codes have been thus far restricted for the years • 2002 and 2003. The information provided by the Comptroller shows Round Rock restaurant and bars Standard Industry Code 58 gross sales revenue and number of establishments reporting has continued to increase since 1998. The data was presented to the Council in summary graphic form along with supporting detail. Cindy Demers, Finance Director outlined the specific details of the report. The data indicates that overall, Round Rock's restaurant and bar industry continues to expand and the number of choices patrons have in Round rock also continues to expand. Additionally, during this same time period, Round Rock's estimated population has increased an average of 8.6% per year. Staff also reviewed the City's mixed drink tax receipts by quarter and mixed drink tax by month by establishment in Round Rock for the last two years (January 2002 through December 2003. This information is public record. This data shows that Round Rock's mixed beverage tax collection continues to increase each year. In order to respond to • the report presented to the Council by the Round Rock Restaurant Group, staff reviewed an additional source of sales tax information. This additional information is obtained through special reports the City can request from the Comptroller indicating sales tax data for certain businesses in Round Rock. This is confidential information that provides a breakdown of sales tax by month by taxpayer ID. Staff is restricted to using this information for economic forecasting and cannot divulge detail information about a particular taxpayer. In summary, there are many factors that can impact gross sales for a business. Because the 179 APRIL 8, 2004 source of the information provided in the report is from the State Comptroller's Office, staff believes it is the best factual data available to the City regarding Round Rock's restaurant and bar industry sales and tax revenue. Overall, the data shows that restaurant and bar sales in Round Rock continue to increase each year with an increasing number of establishments also opening in Round Rock. • PUBLIC HEARINGS: 7.A.1. Consider public testimony regarding the application filed by A.E. Martin to adopt original zoning of District C-2 (Local Commercial) for 2.00 acres out of the George W. Glasscock Survey. (A.E. Martin tract) Jim Stendebach, Planning Director made the staff presentation. This tract is located just west of F.M. 1460 and north of Old Settlers Boulevard. This tract is a part of the 93-acre A.E. Martin tract. The proposed land use complies with the General Plan 2000. On January 14, 2004 the Planning and Zoning Commission recommended adoption of the original C-2 (Local Commercial) zoning. This proposed local commercial development will support the existing and future residential development. Mayor Maxwell 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 A.E. Martin to adopt original zoning of District MF (Multi-family) for 23.01 acres out of the George W. • Glasscock Survey. (A.E. Martin tract) Jim Stendebach, Planning Director made the staff presentation. This tract is located north of Old Settlers Boulevard and west of F.M. 1460. This tract is part of the 93-acre A.E. Martin tract. The proposed land use complies with the General Plan 2000. On January 14, 2004 the Planning and Zoning Commission recommended adoption of original MF (Multi-family) zoning. This development will allow continuation of the residential uses in the surrounding area. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 7.A.3. Consider public testimony regarding the application filed by A.E. Martin to adopt original zoning of District C-1 (General Commercial) for 5.26 acres out of the George W. Glasscock Survey. (A.E. Martin tract) Jim Stendebach, Planning Director made the staff presentation. This tract is located.on the northwest corner of Old Settlers Boulevard and • F.M. 1460. This tract is part of the 93-acre A. E. Martin tract. The proposed land use complies with the General Plan 2000. On January 14, 2004 the Planning and Zoning Commission recommended adoption of the original C-1 (General Commercial) zoning. The location of this proposed general commercial will support the needs of the existing and future residential development. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 180 APRIL 8, 2004 7.A.4. Consider public testimony regarding the application filed by A.E. Martin to adopt original zoning of District SF-R (Single Family-Rural District) for 63.2 acres out of the George W. Glasscock Survey. (A.E. Martin tract) Jim Stendebach, Planning Director made the staff presentation. This tract is located north of Old Settlers Boulevard and west of F.M. 1460. This tract is part of the 93acre A. E. Martin tract. The proposed land use complies with the general plan 2000. On March 24, 2004 the Planning and Zoning Commission recommended for • adoption of original SF-R.(Single Family-Rural Lot) zoning. At this time the owner is not developing this portion of the 93acre tract, thus SF-R (Single Family-Rural Lot) zoning is the appropriate zoning at this time. The annexation agreement reflects the SF-R zoning designation for this portion of the property. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *9.A.1. Consider an ordinance amending Chapter 1 of the Round Rock Code of Ordinances (1995 Edition), adding Section 1.2206 allowing for a statutorily authorized 30% collection fee on certain pre- and post-judgment municipal court fees and fines. (Second • Reading) *9.B.1. Consider an ordinance amending the 2003-2004 Operating Budget. (Second Reading) *9.D.1. Consider an ordinance amending the 2003-2004 Community Development Block Grant budget. (Second Reading) *10.A.1. Consider a resolution authorizing the closina of a portion of Main Street, Lampasas Street, and Sheppard Street from May 29, 2004 through May 31, 2004 for the annual EI Amistad Fiesta. *10.D.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with the Estate of Garfield McConico and the McConico Family Trust for the purchase of right-of-way for the Downtown Streets Improvement Project. *10.E.1. Consider a resolution authorizing the Mayor to execute a Waterline • Easement with Wallin Family Investments for the East Transmission Waterline Phase II *10.G.1. Consider a resolution authorizing the Mayor to execute Change Order No 2 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. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Coe seconded the motion. 181 APRIL 8, 2004 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 1 of the Round Rock Code of Ordinances (1995 Edition), adding Section 1.2206 allowing for a statutorily authorized 30% collection fee on certain ore- and post-judgment municipal court fees and fines. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, ADDING SECTION 1.2206, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ALLOWING FOR A STATUTORILY AUTHORIZED 30% COLLECTION FEE ON CERTAIN PRE- AND POST-JUDGMENT MUNICIPAL COURT FEES AND FINES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 9.A.2. Consider an ordinance granting a franchise to Capital Waste, L.L.C. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (First Reading) Cindy Demers, Finance Director made the staff presentation. Ordinance No. 2601 of the City requires all commercial garbage haulers doing business • within the City to pay a 10% franchise fee on their gross revenues generated in the City. This franchise fee was established in 1992 to assist with funding repair and maintenance of City streets. Capital Waste, LLC has requested a franchise to operate in the City. This ordinance grants Capital Waste, LLC a five-year franchise to operate a commercial garbage hauling service in the City. The impact of the overall franchise program will be to generate additional funds for street repair and maintenance. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO CAPITAL WASTE LLC, TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Pitt seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *9.8.1. Consider an ordinance amending the 2003-2004 Operating Budget. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. 182 APRIL 8, 2004 AN ORDINANCE PROVIDING FOR AMENDMENT NO. 1 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2003-2004. 9.B.2. Consider an ordinance amending the 2003-2004 Hotel Occupancy Tax Budget. (First Reading) Cindy Demers, Finance Director made the staff presentation. In November of 2003, Destination Development Inc. presented the City with a plan to create a comprehensive tourism development and marketing program. This will allocate funding to 40 - implement the Tourism Development and Marketing plan presented by Destination Development, Inc. ORDINANCE NO. AN ORDINANCE AMENDING THE 2003-2004 HOTEL OCCUPANCY TAX BUDGET. 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. 9.C.1. Consider an ordinance determining the public necessity for the acquisition of a drainage easement interest in 0.32 acre of land and for the proposed Highway 79 Box • Culvert Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Baack parcel) (First Reading) Steve Sheets, City Attorney made the staff presentation. This will provide drainage improvement in the City. It will also allow for the City Attorney to initiate eminent domain proceedings to acquire the necessary property interests so that the Highway 79 box culvert project can be constructed. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF A DRAINAGE EASEMENT INTEREST IN 0.32 ACRE; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE HIGHWAY 79 BOX CULVERT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember Pitt 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. 1 ,8 .3 APRIL Sr 2004 MOTION: Councilmember Knight 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 Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight is Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *9.D.1. Consider an ordinance amending the 2003-2004 Community Development Block Grant budget. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE 2003-2004 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET. Mayor Maxwell dispensed with the order to agenda and addressed the following item. 10.C.1. Consider a resolution authorizing the Mayor to execute an Annexation Agreement with A.E. Martin for 93.5 acres of land, and a Partial Assignment with A.E. Martin and M. Timm Development for 23.01 acres of land and 2.00 acres of land. (A.E. Martin Tract) Jim Stendebach, Planning Director made the staff presentation. The owner of this • tract totaling approximately 93 acres wishes to annex and develop a portion of her property at urban densities. The wastewater line in this area is not sufficient to handle increased loads that would be generated by this proposed development and future development. The owner wishes to proceed with their development immediately and is prepared to enter into an Annexation and Development agreement to provide their proportional share of the cost for extending wastewater line to serve the property. The wastewater line that is being extended to serve the Higher Education Center will be sized to accommodate this property. This will ensure equitable cost sharing of the extension of wastewater line costs while allowing annexation to proceed in a timely fashion. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") wishes to enter into an Annexation Agreement ("Agreement") with A.E. Martin (`Developer") for a 5.26 acre tract of land, a 23.01 acre tract of land, a 2.00 acre tract of land, and a 63.2 acre tract of land, totalling 93.5 acres of land, more or less, for the purpose of providing=for an adequate network of wastewater service to serve the development project, and • WHEREAS, Developer wishes to convey all rights, title and interest in said Agreement relating to the 23.01 acre tract and the 2.00 acre tract to M..Timm Development, and WHEREAS, Section 2.A of the Agreement requires that any assignment of the Agreement by the Developer be consented to by 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 Annexation Agreement with A.E. Martin, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes, and BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City a Partial Assignment with A.E. Martin and M. Timm Development, a copy of same 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 subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution 184 APRIL 8, 2004 and the subject matter hereof 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 April, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Pitt seconded the motion. • VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. Mayor Maxwell resumed with the order of the agenda. 9.D.2. Consider an ordinance annexing 93.5 acres of land out of the George W. Glasscock Survey. (A.E. Martin tract) (First Reading Jim Stendebach, Planning Director made the staff presentation. This tract is located at the north west corner of Old Settlers Boulevard and F.M. 1406. The purpose of this annexation is to establish city services for the proposed development. ORDINANCE NO. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 93.5 ACRES OF LAND OUT OF THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 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. 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 Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe r: 185 APRIL 8, 2004 Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.D.3. Consider an ordinance adopting original zoning of District C-2 (Local Commercial) for 2.00 acres out of the George W. Glasscock Survey. (A.E. Martin tract) (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 2.00 ACRES OF LAND, OUT OF THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-2 (LOCAL COMMERCIAL). MOTION: Councilmember Rhode 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. MOTION: Councilmember McGraw moved to dispense with the second reading of the • ordinance with the unanimous consent of all the Councilmembers present and 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. 9.D.4. Consider an ordinance adooting original zoning of District MF (Multi-family) for 23.01 acres out of the George W. Glasscock Survey. (A.E. Martin tract) (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 23.01 ACRES OF LAND, OUT OF THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT MF (MULTI-FAMILY). 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 186 APRIL 8, 2004 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 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. 9.D.5. Consider an ordinance adopting original zoning of District C-1 (General Commercial) for 5.26 acres out of the George W. Glasscock Survey. (A.E. Martin tract) (First Reading) A public hearing was held for this item earlier in the meeting. ORDINANCE NO. ANO ORDINANCE NANCE 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 5.26 ACRES OF LAND, OUT OF THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1 (GENERAL COMMERCIAL). 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. MOTION: Councilmember Rhode 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 Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. 9.D.6. Consider an ordinance adopting original zoning of District SF-R (Single Family-Rural District) for 63.2 acres out of the George W. Glasscock Survey. (A.E. Martin tract) (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 ylq 187 APRIL 8, 2004 ZONING MAP, TO WIT: TO ZONE 63.2 ACRES OF LAND, OUT OF THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF-R (SINGLE FAMILY-RURAL LOT). 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 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 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. *10.A.1. Consider a resolution authorizing the closing of a portion of Main Street, Lampasas Street, and Sheppard Street from May 29, 2004 through May 31, 2004 for the annual EI Amistad Fiesta. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, EI Amistad has requested that East Main Street from Mays Street to Sheppard Street, Lampasas Street from Bagdad Avenue to the alley north of East Main Street, and Sheppard Street from Bagdad Avenue to Liberty Avenue be closed from 2:00 o'clock p.m. on May 29, 2004 until 1:30 o'clock a.m. on May 31, 2004, for the organization's annual event known as EI Amistad Fiesta, and WHEREAS, the City Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That East Main Street, Lampasas Street, and Sheppard Street be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 April, 2004. 10.B.1. Consider a resolution authorizing the City Manager to issue a Purchase • Order to Body Works for the purchase of fitness eguioment for the Clay Madsen Recreation Center expansion project. Sharon Prete, Parks and Recreation Director made the staff presentation. Since the Clay Madsen Recreation Center opened its doors in July of 2000, the public response to the facility has been very positive. Typically, the fitness room is filled to capacity and waiting times for equipment are long, which has generated complaints from the members. Expanding the fitness room and adding additional equipment will allow staff to serve more customers at any given time. A survey was conducted from the membership 188 APRIL 8, 2004 to help identify the equipment needs for the expansion. As a result, the specified equipment became the priority. The cost of the equipment is $53,920. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase fitness equipment for the Clay Madsen Recreation Center expansion project, and WHEREAS, Body Works has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Body Works, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the bid of Body Works is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Body Works for the purchase of fitness equipment for the Clay Madsen Recreation Center expansion 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 April, 2004. 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 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 an Annexation Agreement with A.E. Martin for 93.5 acres of land, and a Partial Assignment with A.E. Martin and M. Timm Development for 23.01 acres of land and 2.00 acres of land. (A.E. Martin Tract) This item was addressed earlier in the meeting. 10.C.2. Consider a resolution in support of Chandler's Cove Retirement Apartments tax credit application. This item was withdrawn from the agenda at the request of staff. *10.D.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with the Estate of Garfield McConico and the McConico Family Trust for the purchase of right-of-way for the Downtown Streets Improvement Project This item was approved under the consent agenda. The cost of the right-of-way is $33,000.00. RESOLUTION NO. • WHEREAS, the City desires to purchase a-0.099 acre tract of land, and a drainage easement interest in a 0.123 acre tract of land for additional right-of-way for the Downtown Streets Improvements Project, and WHEREAS, the Estate of Garfield McConico and the McConico Family Trust, 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 the Estate of Garfield McConico and the McConico Family Trust, 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 18 .9 APRIL 81 2004 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 April, 2004. *10.E.1. Consider a resolution authorizing the Mayor to execute a Waterline Easement with Wallin Family Investments for the East Transmission Waterline Phase II. This item was approved under the consent agenda. The cost of the easement is $17,888.00. • RESOLUTION NO. WHEREAS, the City desires to purchase a waterline easement interest in a 0.385 acre tract of land, and a 0.853 acre tract of land for the East Transmission Waterline, Phase II, Project, and WHEREAS, Wallin Family Investments, L.P., the owner of the properties, has agreed to convey said waterline easement 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 Waterline Easement with Wallin Family Investments, L.P., 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 April, 2004. 10.F.1. Consider a resolution authorizina the Mayor to execute a contract with Chasco Contracting for the Downtown Streets, Phase I, Street Reconstruction Project (G.O. Bond Project) Tom Word, Chief of Public Works Operations made the staff presentation. On • March 23, 2004, the City received four bids for the project, Chasco Construction is the low and the best bidder. City staff and the Engineer reviewed the bids. Staff recommended the approval of the contract for the Street Reconstruction Project. These streets were identified and recommended by the Bond Task Force to be included in the Bond election that was approved by the citizens in November 2001. This project includes the following streets Pecan Avenue, Circle Avenue, Parkway Avenue, Black Street (from Circle Avenue to Austin Avenue), Lewis Street (from Pecan Avenue to Fannin Avenue), and Nelson Street (from Austin Avenue to Main Street). This will include new roads with curb & gutters or ribbon curbs, new storm drainage system, new waterlines, and new wastewater lines. In addition, a new asphalt parking lot will be constructed at Veterans Park. The cost of the contract is $1,579,964.95. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Downtown • Streets, Phase I, Street Reconstruction Project, and WHEREAS, Chasco Contracting, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Chasco Contracting, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Chasco Contracting, Inc. for the Downtown Streets, Phase I, Street Reconstruction Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of April, 2004. APRIL 8, 2004 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. *10.G.1. Consider a resolution authorizing the Mayor to execute Change Order No. 2 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. The item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("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, and WHEREAS, the Council has determined that it is necessary to extend the contract date, 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 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, 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 8th day of April, 2004. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:18 p.m. R spectfully Submitted, Christine R. Martinez, City Secretary • 19 .1 APRIL 22, 2004 The Round Rock City Council met in Work Session and Regular Session on Thursday, April 22, 2004 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER Mayor Maxwell called the Work Session to order at 6:02 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. WORK SESSION: PRESENTATIONS: 3.A.1. Consider a presentation concerning Survey Results &Analysis for the 2004 Community Needs Survey. Mona Ryan, Community Development Coordinator made the staff presentation. The 2004 Community Needs Survey has helped to gain input from citizens on what.priorities the City should address with Community Development Block Grant funds. The Development of a Five Year Consolidated Plan and annual action plan requires citizen participation, as well as staff input. Six public hearings were held in addition to doing an on-line survey to gather information. Ms. Ryan gave an overview of the survey results and analysis. • 3.A.2. Consider a presentation of a mid-year update by Development Counsellors International. Nancy Yawn, Director of Conventions and Visitors Bureau made the staff presentation. The Council approved an agreement with DCI on October 9, 2003 for national media services. Deemed important to the Economic Development effort, Development Counsellors International (DCI) was contracted for a second year. This partnership capitalizes on the Public Relations momentum this effort has generated. Andy Levine of DCI gave an update on the public relations efforts that has been conducted for Round Rock. 3.6.1. Consider a presentation concerning the Final Draft of the 2004 Water System Master Plan, and the status of the City's water system in preparation for peak summer demands. Tom Clark, Utilities Director made the staff presentation. An adequate water supply is essential for industrial, commercial and residential development and plays a major • role in insurance rates for the City. Safe drinking water is essential to the health of the community, and adequate water system pressure is necessary for fire protection. A great deal of preparation is underway ensuring the City's water system will be able to keep up with summer demands. HDR Engineering has prepared the final draft of the Water Distribution System Master Plan, and Mr. Grant gave a brief overview of the following. Purpose (Scope) ■ Update Master Plan 10 year CIP for Impact Fee development 20 year, 30 year, and ultimate infrastructure needs 192 APRIL 22, 2004 ■ Maximize groundwater use ■ Minimize power costs &optimize system operations ■ Develop emergency operations procedures Ultimate System Master Plan ■ 250,000 people ■ 100,000 gallons per day ■ High pressure loop ■ Southwest Pump Station (location to be determined) ■ East Pump Station (location to be determined) • ■ Plan Provides: Maximum Flexibility (new supply at any point) Maximum Reliability (loop minimizes impact of catastrophic problems previously identified) Mr. Grant also outlined the following: ■ Model Update ■ Model Calibration and results of the calibration ■ Year 2005 model ■ Emergency Management Scenarios ■ Optimize System Operations ■ Ultimate System Master Plan ■ 10-Year City Improvement Plan Recommendations ■ Construct Phase iii of East Line ■ Continue efforts to have next Water Supply available by 2010 ■ Aggressive conservation program to encourage wise use of water ■ Continue development of Water Reuse program Tom Clark then gave a brief overview of the Water System status. CALL REGULAR SESSION TO ORDER: Mayor Maxwell called the Regular Session 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, spoke against Proposition No. 5, which is on the May 15 ballot. The proposition is to amend the Home Rule Charter that would change the number of voters who must sign a petition for initiative or referendum from 5% of the total qualified voters of the City to 10% of the total qualified voters of the City. Ruth Gordon, 1007 Green Meadow, spoke on the Habitat for Humanity of Greater Round Rock. She announced that a Rummage Sale will be held on May 22 to benefit the • Habitat for Humanity project. Barbara Houts, 602 Ridge Crest, and members of S.A.L.T. were present to announce that on May 15th they will be sponsoring a vehicle identification number etching on windows from 9:00 am to Noon in the parking garage. PROCLAMATIONS: 8.B. Consider proclaiming May 2-8 2004 as National Drinking Water week 193 APRIL 22, 2004 Mayor Maxwell read the following proclamation and presented it to Kim Lutz and Don Rundell of the Utility Department. WHEREAS, water is a basic and essential need for every living creature; and WHEREAS, the threat of infectious disease to our citizens has been minimized through the proper operation and maintenance of the City's public water system; and WHEREAS, all residential and industrial development in our City depends on the availability and quality of water; and WHEREAS, the City's fire protection capability depends upon an adequate water supply; and WHEREAS, the problems and challenges of meeting future water supply needs are many and growing in complexity; and WHEREAS, the ever increasing need for domestic water makes expansion of storage supply and distribution facilities essential; and NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby proclaim the week of May 2-8, 2004 as "NATIONAL DRINKING WATER WEEK" and call upon each citizen to help protect our source waters from pollution, practicing water conservation, and getting involved in local water issues. PROCLAIMED this 22nd day of April, 2004. 8.A. Consider proclaiming May as Hispanic Cultural Awareness month. Mayor Maxwell read the appropriate proclamation and presented it to Alicia Johnson and Efrain Davila, President of EI Amistad. 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 22nd day of April 2004. 9.A. Continuation of presentations not addressed during the Work Session. All of the presentations were addressed at the Work Session. 93.1. Consider a presentation by Jeff Montgomery &Associates on the biennial survey. Will Hampton, Communications Director made the staff presentation. The City conducts a customer survey every two years. The purpose of the poll is to survey attitudes and opinions about city services and quality of life issues. The statistically valid survey gives us a snapshot of public opinion about a wide variety of issues, from the direction the City is lip heading to how we're doing taking care of weedy lots, and gives us an objective review of the success or failure of City services. The City uses the results to help direct resources and for planning purposes. Jeff Montgomery gave the following overview of the survey. This survey was conducted from February 10-16, 2004 and tested 400 residents of Round Rock, Texas. The margin of error is plus or minus 4.9 percent. • 76% believe the City of Round Rock is headed in the right direction, and 10.5% said it is headed in the wrong direction - so the City is maintaining the strong position it attained here in 2002. 194 APRIL 22, 2004 • 44% said the quality of life in Round Rock is getting better—a small improvement over 2002 (just above the margin of error), in that even fewer people this year say that the quality of life is getting worse. The 2002 numbers in turn were an improvement over 2000. • This year the top three city services, all within the margin of error of each other in terms of positive rating, were the fire department, trash collection, and police. Fire departments always tend to do well, but we continue to be impressed by the unusually high marks received by your trash collection service. • The library might have joined the top tier of city services if not for the fact i that 16.8% had no opinion of it. Still, the library's "excellent" rating alone was second only to the fire departments. • 55.9% give street maintenance a positive rating and 13.9% a negative rating, continuing last year's small, steady improvement in this area. • The negative rating for transportation planning continues to drop, from 51.5% in 2000, to 41.1% in 2002, to 29.2% this year. Although the positive rating has not seen a matching increase, this is still very much a step in the right direction. However, transportation planning remains in last place as the least positively viewed city service. • The vast majority-76.8%—said moving city elections to November would make no difference to them. However, 20% said it would make them more likely to vote in city and school district elections, while only 3.3% said it would make them less likely. Therefore, it is possible the switch could increase turnout by making voting more convenient for a substantial number of citizens. • 51% said the smoking ban in restaurants has made them more likely to eat out in Round Rock. 11.5% said it made them less likely. • 72.5% said the service they receive when they call the City on the telephone for services of information was excellent or good. • • When we ask for the most important issue facing the city, traffic control is now tied for first place with growth management, rather than in its usual commanding lead. That speaks very well of the city's efforts at traffic control in these years—they are working. However, a related issue—street and road maintenance—has more than doubled as a point of concern since 2002, which suggests that is an issue to keep an eye on. • 68.5% agreed that there is more construction than usual on the roads they drive frequently around town. • The traffic situation on state roads and highways receives an abysmal positive rating of 13.8% and a negative rating of 54.8%. That is very similar to 2002. • When it came to the job the City is doing in managing traffic, this year's positive rating of 46.6% and negative rating of 52.6%, while an improvement over 2000's nadir, remain troubling. 68.3% say Round Rock traffic is getting worse. • On the more positive side, 49.3% rate traffic in their neighborhoods positively—that is up slightly from the 2002. • As in past years, local TV news retains its dominance here as a source for city news. Next in importance, are friends, utility bill enclosures, and the Austin American Statesman. • • The City Beat ad and homeowners' association newsletters, which we had not asked about in previous surveys, turned out to be a source of city news for a significant number of people. • 62.4% said the city is doing a good or excellent job of listening to and responding to the needs of citizens. That is eight points higher that 2002, which was about ten points higher than in 2000, so these numbers are moving strongly upwards. 58.5% show some interest in paying utility bills or traffic tickets on the City's website, although that number was cut in half when we added a transaction fee. However, 80.8% expressed at least some interest in being able to place city work requests or sign up for city recreation programs online. r'r ' 19 .5 APRIL 22, 2004 PUBLIC HEARINGS: 10.A.1. Consider public testimony concerning proposed amendments to Chapter 11, Zoning, of the Round Rock Code of Ordinances (1995 Edition) to add a Manufactured Housing District. Jim Stendebach, Planning Director made the staff presentation. Manufactured Housing is not addressed in the current Zoning Ordinance. This amendment • will provide for Manufactured Housing and will ensure that the quality and compatibility of this type of development will be appropriately located and regulated. The proposed zoning district would permit the development of single-family subdivisions that would permit the placement of one manufactured home on a single-family lot within the proposed zoning district. Both the lot and home would be available for fee simple ownership. The development standards would be the same as a standard single-family development with limited differences that would recognize some unique features of a manufactured house. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 10.A.2. Consider public testimony regarding an application filed by David Lester to rezone 0.257 acres of land from District SF-2 (Single Family-Standard Lot) to District C-2 (Local Commercial). (1510 Sam Bass Road) Jim Stendebach, Planning Director made the • staff presentation. The tract is located on Sam Bass Road and is part of the Westside Residential Subdivision. The proposed rezoning is for local commercial, which is compatible with the adjacent lot to the west and the existing neighborhood setting along Sam Bass Road. The proposed use of a beauty shop will not adversely impact the existing traffic load on Sam Bass Road. On March 24, 2004, the Planning and Zoning Commission recommended the rezoning of this tract of land. The proposed land use complies with the General Plan 2000. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items. Item 12A was removed from the consent agenda. • *12.A. Consider approval of the City Council minutes for the Regular Session of March 25, 2004, the Special Called Session of March 26, 2004 and the Regular Session of April 8, 2004. Pulled from the consent agenda to be addressed in the normal sequence of the regular agenda. *13.A.1. Consider an ordinance granting a franchise to Capital Waste, L.L.C. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) 196 APRIL 22, 2004 *13.8.1. Consider an ordinance amending the 2003-2004 Hotel Occupancy Tax Budget. (Second Reading) *14.A.1. Consider a resolution authorizing the closing of streets on May 2, 2004 for a Shoes for Austin 5K benefit run. *14.C.1. Consider a resolution authorizing payment of$17,888.00 to Wallin Family Investments, L.P. for a Waterline Easement for the East Transmission Waterline, Phase II. • *14.F.2. Consider a resolution authorizing a property tax refund to Christ Covenant Church for 2003 taxes in the amount of $586.52. *14.F.3. Consider a resolution authorizing a property tax refund to Sysco Food Services, Inc. for 2003 taxes in the amount of $658.88. MOTION: Councilmember Rhode moved to approve all the items remaining on the consent agenda. 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. APPROVAL OF MINUTES: *12.A. Consider approval of the City Council minutes for the Regular Session of • March 25, 2004, the Special Called Session of March 26, 2004 and the Regular Session of April 8, 2004. This item was withdrawn from the agenda so staff could verify the motions for the March 25 meeting. ORDINANCES: *13.A.1. Consider an ordinance granting a franchise to Capital Waste, L.L.C. to engage in the business of collecting refuse-from commercial establishments in the City of Round Rock. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO CAPITAL WASTE LLC, TO. ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS, ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.B.1. Consider an ordinance amending the 2003-2004 Hotel Occupancy Tax • Budget. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE 2003-2004 HOTEL OCCUPANCY TAX BUDGET. 13.C.1. Consider an ordinance amending the 2000 Parks Recreation and Open Space Master Plan through the addition of the Citywide Trails Master Plan (First Reading) James Hemenes made the staff presentation. The Comprehensive Parks, Recreation and Open Space Master Plan's section addressing trails did not fully meet the needs of the 197 APRIL 22, 2004 Department from a planning and implementation standpoint. A comprehensive study and plan was necessary to guide the planning and development of the City's future trails system(s). The new document will fully meet these current and future needs. Based on the most recent Citywide Surveys, trails have been identified as the number one request by citizens for recreation opportunities. From this, the City-Wide Trail System CIP Program was • formed. The Parks and Recreation Department (PARD) was tasked with developing hike and bike trails for recreation, as well as connectivity. Last year, the City-Wide Trails Master Plan Project was started, and is now complete. The Plan is now ready to be added to the Comprehensive Parks, Recreation and Open Space Master Plan and implemented. ORDINANCE NO. AN ORDINANCE RE-ADOPTING AND AMENDING THE COMPREHENSIVE PARKS, RECREATION AND OPEN SPACE MASTER PLAN ORIGINALLY ADOPTED UNDER RESOLUTION NO. R-00-08- 10-10C1 TO ADD THE `CITYWIDE TRAILS MASTER PLAN, APRIL 2004"; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: 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 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.D.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in 0.32 acre of land and 3.68 acres of land for the proposed A.W. Grimes Improvement Project, and if necessary, authorizing the City Attorney to initiate • eminent domain proceedings. (M & M Equities parcels) (First Reading) Steve Sheets, City Attorney made the staff presentation. This ordinance will allow the City Attorney to initiate eminent domain proceedings to acquire the necessary property interests so that the A.W. Grimes improvement project can be constructed. The construction of this project will accommodate increased mobility to the City. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF 0.32 ACRE AND 3.68 198 APRIL 22, 2004 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE A.W. GRIMES IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember McGraw 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. MOTION: Councilmember Rhode 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 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 an ordinance determining the public necessity for the acquisition • of a fee simple interest in 1.20 acres of land for the proposed A.W. Grimes Improvement Proiect, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Cirkiel parcel) (First Reading) Steve Sheets, City Attorney made the staff presentation. This ordinance will allow the City Attorney to initiate eminent domain proceedings to acquire the necessary property interests so that the A.W. Grimes improvement project can be constructed. The construction of this project will accommodate increased mobility to the City. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF 1.20 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE A.W. GRIMES IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember Coe moved to 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 .1 199 APRIL 22, 2004 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 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. 13.D.3. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in 0.1988 acre of land for the proposed A.W. Grimes Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Carlin parcels) (First Reading) Steve Sheets, City Attorney made the staff presentation. This ordinance will allow the City Attorney to initiate eminent domain proceedings to acquire the necessary property interests so that the A.W. Grimes improvement project can be constructed. The construction of this project will accommodate increased mobility to the City. ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF 0.1988 ACRE; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE A.W. GRIMES IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember Pitt 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. • MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember 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. 200 APRIL 22, 2004 13.E.1. Consider an/ordinance amending Chapter 1 of the Round Rock Code of Ordinances(1995 Edition), adding Section 1 3300 establishing the Tourism Commission (First Reading) Joe Vining, Executive Director of Community Development made the staff presentation. On December 18, 2003, the City Council adopted the tourism plan presented by Destination Development as a guide for Round Rock's tourism efforts. In the adopted plan Destination Development recommended that the city establish a Tourism Commission is to act in an advisory capacity to the City Council for the purpose of overseeing matters relating to tourism. This ordinance will addressed the recommendation from Destination Development. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, ADDING SECTION 1.3300, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ESTABLISHING THE TOURISM COMMISSION; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND 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. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember 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.E.2. Consider an ordinance amending Chapter 11. Zoning of the Round Rock Code of Ordinances (1995 Edition) adding a Manufactured Housing District (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.400, 11.401, 11.403, 11.404, 11.405, 11.406 AND 11.802 OF THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ADD INDUSTRIALIZED HOUSING AS A PERMITTED USE; TO ADD A MANUFACTURED HOUSING DISTRICT; TO ESTABLISH DEVELOPMENT STANDARDS FOR MANUFACTURED HOUSING; TO AMEND THE DEFINITION OF"DWELLING UNIT", TO ADD THE DEFINITIONS OF "HUD-CODE MANUFACTURED HOME," "INDUSTRIALIZED HOUSING OR MODULAR HOUSING," "MANUFACTURED HOUSING OR MANUFACTURED HOME" AND "MOBILE HOME"; TO DELETE THE DEFINITION OF "MANUFACTURED HOUSING UNIT"; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 201 APRIL 22, 2004 MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. Y MOTION: Councilmember Rhode 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 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.E.3. Consider an ordinance rezoning 0.257 acres of land from District SF-2 (Single Family-Standard Lot) to District C-2 (Local Commercial). (1510 Sam Bass Road) • (First Reading) Jim Stendebach, Planning Director made the staff presentation on this item during the public hearing. 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 0.257 ACRES OF LAND, OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) TO DISTRICT C-2 (LOCAL COMMERCIAL). MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: 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 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 .202 APRIL 22, 2004 Nays: None ACTION: The motion carried unanimously. *14.A.1. Consider a resolution authorizing the closing of streets on May 2 2004 for a 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 7:00 o'clock a.m. until 9:00 o'clock a.m. on May 2, 2004 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 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 22nd day of April, 2004. 14.6.1. Consider a resolution reiecting all bids for the Bradford Park Development and South Creek Sidewalk Gap Proiect. James Hemenes made the staff presentation. The Bradford Park Development Project is a limited park development that will include a playground, walking trail, and various site amenities. The Sidewalk Gap portion of the project is part of the overall Citywide Sidewalk Program that is being administered by the Engineering & Development Services Department. The Bradford Park Development and South Creek Sidewalk Gap Project was competitively bid in March. Only two bids were received and both were over the project construction budget. Due to staff being uncomfortable with the number of bids and some of the prices that are in the bids, staff recommended that the bids be rejected so the project scope can revised to get it within budget and to ensure that more bids are received. RESOLUTION.NO. • WHEREAS, the City of Round Rock has duly advertised for bids for the Bradford Park Development and South Creek Sidewalk Gap Project, and WHEREAS, the Council has determined that all bids received should be rejected and the project should be re-bid, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That all bids received for the Bradford Park Development and South Creek Sidewalk Gap Project are hereby rejected and the project should be re-bid. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of April, 2004. 2 p APRIL 22, 2004 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. isVOTE: 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.1. Consider a resolution authorizing payment of $17,888.00 to Wallin Family Investments, L.P. for a Waterline Easement for the East Transmission Waterline, Phase II. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Wallin Family Investments, L.P. has agreed to grant to the City of Round Rock a Waterline Easement for the East Transmission. Waterline, Phase II Project in consideration for $17,888.00, and WHEREAS, in consideration for said easement, and as payment therefor, the City wishes to authorize payment of$17,888.00, 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 payment of $17,888.00 to the Wallin Family Investments, L.P. for said easement. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 April, 2004. 14.D.1. Consider a resolution authorizing the Mayor to execute an Interlocal Contract for FY 2004 Solid Waste Equipment and Services with the Capital Area Planning Council for regional solid waste grant funds. Tom Clark, Utilities Director made the staff presentation. The City has conducted a waste oil-recycling program for over twelve years. An average of 20,000 gallons of waste oil has been collected each of the past four years. Three of the initial oil units are in need*of replacement. The City has participated in Household Hazardous Waste (HHW) event since 1996 and has begun to establish a permanent HHW collection facility. Hazardous materials storage buildings are necessary for • this transition. The Solid Waste Interlocal Contract Capital Area Planning Council (CAPCO) for regional solid waste grant funds will allow the City to offer a permanent household hazardous waste collection facility and to update current waste oil centers. These items will provide for waste diversion, recycling and safe storage of items such as oil, paint, pesticides, and home chemicals for the Round Rock service area. The funds received will go to the purchase of replacement used oil collection units and a new hazardous materials storage building. RESOLUTION NO. H4 APRIL 22, 2004 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 FY 2004 Solid Waste Equipment and Services with the Capital Area Planning Council for regional solid waste 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 an . Interlocal Contract for FY 2004 Solid Waste Equipment and Services with the Capital Area Planning Council, 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 April, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 14.D.2. Consider a resolution authorizing the Mayor to execute an Amendment to Supplemental Wastewater Construction and Disposal contract with the Lower Colorado River Authority. Tom Clark, Director'of Utilities made the staff presentation. On April 13, 2000, the City and LCRA entered into the Supplemental Wastewater Construction and Disposal Agreement so the LCRA could act as the City's agent and construction of the Chandler Creek Interceptor. This amendment extends the time for the purchase of the Chandler Creek Interceptor line and $5.1 million payment by the City to June 30, 2004. • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Supplemental Wastewater Construction and Disposal Contract ("Contract") with the Lower Colorado River Authority ("LCRA") for the construction, maintenance and operation of the Chandler Creek Interceptor Line, and WHEREAS, the City and LCRA now desire to _enter an Amendment to the Contract extending the time period for the purchase of the Chandler Creek Interceptor Line by the City to June 30, 2004, Now Therefore BE IT RESOLVED BY 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 Supplemental Wastewater Construction and Disposal Contract with the Lower Colorado River Authority, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of April, 2004. 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 205 APRIL 22, 2004 Nays: None ACTION: The motion carried unanimously. 14.E.1. Consider a resolution authorizing the City Manager to establish a City division to be known as the Round Rock Convention and Visitors Bureau. Joe Vining, Executive Director of Community Development made the staff presentation. On December 18, 2003, the City Council adopted the tourism plan presented by Destination Development • as a guide for Round Rock's tourism efforts. In the adopted plan, Destination Development recommended the City establish a Convention and Visitors Bureau. The Convention and Visitors Bureau will be the principal division organized as the marketing and sales arm of the City with the responsibility to increase occupancies of local lodging facilities, and to increase tourism spending in Round Rock. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") collects a hotel occupancy tax for the purpose of promoting tourism and the convention and hotel industry in the City, and WHEREAS, the City Council has determined that there is a need for a Convention and Visitors Bureau to assist in the furnishing of facilities, personnel, and materials for the registration of convention delegates and to advertise and conduct solicitations and promotional programs to attract tourists and convention delegates to the City, and WHEREAS, in order to accomplish the aforesaid tasks and goals, the City Council wishes to establish a Convention and Visitors Bureau to be managed and operated by members of the City's staff, 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 create a division within the City to be known as the City of Round Rock Convention and Visitors Bureau in order to • accomplish the tasks and goals outlined 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 22nd day of April, 2004. 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 Councilmember Coe Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. 14.F.1. Consider a resolution authorizing the Mavor to execute an Agreement for consulting services with the United Way of Greater Williamson County for assistance in determining and addressing the health and welfare needs of the citizens of Round Rock. Cindy Demers, Finance Director made the staff presentation. Each year the City of Round Rock works in conjunction with the United Way of Greater Williamson County to identify the social service needs within the community. The assistance of the United Way enables the 206 APRIL 22, 2004 City to better identify social service funding needs within the community. The United Way collects social service requests and provides recommendations regarding how City funds should be allocated. The United Way also monitors the performance of the agencies throughout the year. Once performance measures for each agency have been established, they work with the agencies to ensure these measures are achieved. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain consulting services to determine and address the health and welfare needs for the citizens of Round Rock, and WHEREAS, the Council hereby determines that addressing these needs is a legitimate public purpose under the Constitution and laws of the state of Texas, and WHEREAS, the United Way of Greater Williamson County has submitted an Agreement for Consulting Services ("Agreement") to provide the aforesaid services, and WHEREAS, the City Council desires to enter into said Agreement with the United Way of Greater Williamson County, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services with the United Way of Greater Williamson County, a copy of 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 April, 2004. 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.F.2. Consider a resolution authorizing a property tax refund to Christ Covenant Church for 2003 taxes in the amount of $586.52. 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, Christ Covenant Church, has made an overpayment or erroneous payment of 2003 taxes in the amount of $586.52; 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 $586.52. 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 2 0 7; APRIL 22, 2004 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 April, 2004. *14.F.3. Consider a resolution authorizing a property tax refund to Sysco Food Services, Inc. for 2003 taxes in the amount of$658.88. 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, Sysco Food Services, Inc. has made an overpayment or erroneous payment of 2003 taxes in the amount of $658.88; 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 $658.88. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 April, 2004. 14.17.4. Consider a resolution authorizing the Mavor to execute an Agreement • Extending Depository and Banking Services Contract with Bank of America, N.A. for a two year extension of depository and banking services. Cindy Demers, Finance Director made the staff presentation. The City is required to contract for depository services. The Local Government Code and the City's Investment Policy require that the City request proposals for depository services every five (5) years. Bank of America submitted the winning proposal in 2002. This extension takes the contract out an additional two (2) years for a total of four (4) years. The current depository contract with Bank of America expires April 30, 2004. This two (2) year extension allows the City to continue to receive the same services with no additional increases in costs per services over this two-year period. There are no changes to the current contract other than the time extension. RESOLUTION NO. WHEREAS, the City, on_ April 30, 2002 entered into a Depository and Banking Services Contract with Bank of America, N.A., said Contract terminating on April 30, 2004, • and WHEREAS, paragraph II of said Contract authorizes the parties to extend the existing Depository and Banking Services Contract, by mutual agreement, for a period not to exceed the period allowed by the City's Comprehensive Investment Policy, which period expires on April 30, 2007, and WHEREAS, the City and Bank of America, N.A. desire to extend the Depository and Banking Services Contract for a period of two years, so that the term of said Contract shall expire on April 30, 2006, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement Extending Depository and Banking Services Contract with Bank of America, N.A., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. .208 APRIL 22, 2004 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 April, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember 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 9:03 p.m. Res ectfully Submitted, notCVristine R. Martinez, City Secretary • • :; .0 .3 MAY 11, 2004 The Round Rock City Council met in a Special Called Session on Tuesday, May 11, 2004 at 7:30 a.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Mayor Nyle Maxwell and Councilmember Pitt were absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. RESOLUTION: 3.A.1. Consider a resolution authorizing the Mayor to execute an electrical power purchase contract with a Retail Electric Provider to provide electric power to the City. David Kautz, Assistant City Manager/Chief Financial Officer and Cindy Demers, Finance Director made the staff presentation. Since deregulation of the electric market, the City of Round Rock has been a member of the Governmental Aggregation Project (GAP). GAP was formed for the purposes of purchasing electricity on behalf of its members for use in the public facilities. The services provided by GAP also include assisting with bill monitoring and contract enforcement. In addition, GAP keeps the members informed of changes in the PUCT rules or cases that affect them and intervene in cases when appropriate. Other members of GAP include the cities of Missouri City, Wharton, West University Place, Farmers Branch, Taylor, Clifton, Uvalde and Gatesville as well as the Oak Manor Municipal Utility • District. GAP has previously completed two requests for proposals process with REPS to provide electricity in the competitive market and negotiated two contracts for power with TXU Energy in 2002 and First Choice Power in 2003. The City's current contract with First Choice Power expires on December 31, 2004. However, current trends in the cost of natural gas and corresponding increases in bids by retail electric providers suggest that GAP should request bids that will insulate the City from these trends through June 2005. This resolution grants the Mayor the authority to execute the negotiated contract that results from this process. In addition, this does not bind the City to any agreement or course of action. RESOLUTION NO. WHEREAS, under Senate Bill 7 of the 76th Legislature (1999) the Texas Legislature deregulated the purchase of electric power in the State of Texas effective January 1, 2002, and WHEREAS, the Texas Local Government Code, Chapter 303, Section 303.001 • authorizes political subdivisions to join together to create a political subdivision corporation to aggregate their power loads as customers to purchase power, and WHEREAS, the City of Round Rock ("City"), in order to aggregate it's power load with other cities, joined the Governmental Aggregation Project, Inc. ("GAP"), a political subdivision corporation aggregator registered with the Texas Public Utility Commission ("PUC"), and WHEREAS, GAP is in the process of negotiating a competitive Electrical Power Purchase Contract on behalf of its members to purchase electric power with several Retail Electric Providers ("REP"), all of which are properly registered with the PUC, and WHEREAS, in order for the City to timely execute an electric power supply contract with a REP to obtain the best price in the volatile energy market, this Resolution authorizes the execution of such a contract by the City to purchase power from a Retail Electric Provider, as recommended by GAP, provided the terms of this Resolution are complied with, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 21 MAY 11, 2004 Section 1: The Mayor may execute, on behalf of the City, a contract to purchase power between the City and a Retail Electric Provider in accordance with the terms of this Resolution. Section 2: The Mayor may only execute an electric power supply contract ("Contract") with an REP in the event the following conditions are strictly complied with: (i) the term of the Contract is no less than six months and no more than two yea rs; (ii) that either: (a) the price of the power on a KWH basis is at leapt ten percent (10%) less than the "price to beat" price in the City's service area, as determined by the Public Utility Commission of Texas, if such • information is available at the time of the execution of the Contract; or (b) if "price to beat" information is not available, then the price per KWH shall be competitive as to other known KWH charges, considering the terms of the Contract and the competitive KWH Contract terms; (iii) the Contract provides for no liability to the City, except as to the electrical power used by the City; and (iv) that the REP recommend by GAP was selected in a competitive process, in which the recommended REP offers the most competitive and beneficial Contract to the City when considering the following factors: (a) price per KWH; (b) the amount, if any, of premiums to be paid by the City for using either less or more electrical power than its historic power usage; and (c) ability to provide detailed, consolidated billing for the City and to provide current electrical load data for the City. Section 3: This Resolution shall take effect upon adoption. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of May, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEX, City Secretary S MOTION: Councilmember Coe moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Nays: None Absent: Mayor Maxwell Councilmember Pitt ACTION: The motion carried unanimously. WORK SESSION: 4.A. Consider staff briefings and Councilmembers' discussion and questions regarding items on the agenda for the May 13, 2004 City Council meeting Mayor Pro-tem Nielson outlined the agenda for May 13, 2004 and staff briefed the Council on each item and gave additional information for item 13.B.1. (Agreement with Tate Austin); item 13.C.1. • (Preparation of bond offering documents); 13.E.1. (Waterline easement agreement with Brushy Creek Municipal Utility District); and 13.I.1. (Reimbursement to Villages at Warner Ranch PUD). Councilmember McGraw noted that he will ask that item 13.D.1 be removed from the consent agenda. ADJOURNMENT: There being no further business, the meeting adjourned at 8:24 a.m. Respectfully Submitted, Christine R. Martinez, City Secretary 2� MAY 13, 2004 The Round Rock City Council met in Executive Session and Regular Session on Thursday, May 13, 2004, in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE SESSION TO ORDER - 6:00 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, 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. EXECUTIVE SESSION: '3.A. Executive Session as authorized by 8551.074 Government Code, personnel and compensation for the City Manager. The Council entered into Executive Session and addressed this item at 6:06 p.m. and completed the discussion at 6:24 p.m. 3.B. Executive Session as authorized by $551.072 Government Code, discussion regarding the purchase of 2.4643 acres of land from the Whitney Partnership and Forest Ridge Investments, Ltd. for the Brushy Creek East Trail Project. The Council addressed this item at 6:25 p.m. and completed discussion at 6:34 p.m. 3.C. Executive Session as authorized by 8551.072 Government Code, discussion regarding the purchase of 7.70 acres of land from Trisun Healthcare. This item was withdrawn from the agenda. • 3.D. Executive Session as authorized by X551.072 Government Code, discussion regarding the possible purchase of Block 22, Lot 12, Original Plat of the City of Round Rock from Margaret Juanita Walsh. The Council addressed this item at 6:35 p.m. and completed discussion at 6:46 p.m. 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 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: Bill Smith, 204 Edinburg Street, Victoria, TX, expressed his concern regarding water damage to his home.at 2016 Heathwood Cove which is vacant. Gisele Schaefer, 2003 Woods Cove, spoke on Armed Forces Appreciation Week and the First Annual Rummage Sale to benefit Habitat for Humanity of Greater Round Rock on May 22, 2004. Sgt. David Pierce, 2112 Spring Breeze, and members of S.A.L.T. spoke on the upcoming window etching service that is being sponsored by S.A.L.T. and the Citizens Police .212 MAY 13, 2004 Academy. This service will be conducted on the second floor of the parking garage on Saturday, May 15th Don and Susan Cox, 2306 Hancock Drive and Emsud Horozovic of the Parks and Recreation Department spoke on the Memorial 5K event that will be held on May 29 at Old Settlers Park at Palm Valley that will benefit the For the Love of Christi program. Abbi Cole, 1700 Scenic Loop and Chelsea Killough, 710 Ivy Court, invited the Council to City Hall on Friday, May 14th at 2:30 p.m. where students will present their ideas to the Parks and Recreation Department on how to use the extra land in Old Settlers Park at Palm Valley for alternative sports. Robert Stuard Deputy District Engineer., Texas Department of Transportation-Austin District, expressed his appreciation and support of the resolution regarding the deed from the City of Round Rock to the Texas Turnpike Authority for the right-of-way for SH 45. He thanked the Council for their leadership and for being partners for Transportation improvements. Jessica Janisko, invited the Council to the Hispanic Heritage Celebration at the Performing Arts Center on May 22. SWEAR IN NEWLY APPOINTED CHIEF OF POLICE: Judge Dan McNery swore Bryan Williams into office as Chief of Police of Round Rock. PROCLAMATIONS: , 9.A. Consider proclaiming May 9-15, 2004 as National Police week. Mayor Maxwell read the following proclamation and presented it to Chief Williams. WHEREAS, the U.S. Congress and President Bush have designated May 15 as Peace Officers' Memorial Day, and the week of May 9-15, 2004 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 to the community. NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City ,of Round Rock, Texas do hereby proclaim the week of May 9-15, 2004 as "NATIONAL POLICE WEEK" in the City of Round Rock, and call upon all citizens to show their appreciation for all of our Police Officer for their hard work and dedication to our community. PROCLAIMED this 13th day of May, 2004. 9.B. Consider proclaiming May 16-22, 2004 as National Public Works week Mayor Maxwell read the following proclamation and presented it to Tom Word, Chief of Public Works Operations. WHEREAS, public works services provided in our community are an integral part of our citizen's 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, and solid waste collection, and WHEREAS, the health, safety, and comfort of this community greatly depend on these facilities and services; and 213 MAY 13 2004 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; and WHEREAS, 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 16-22, 2004 as "NATIONAL PUBLIC WORKS WEEK" in the City of 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 13th day of May, 2004. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *11.A. Consider approval of the City Council minutes for the Work Session and Regular Session of March 25, 2004, the Special Called Session of March 26, 2004 and the Regular Session of April 8, 2004. *13.D.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Sycamore Trail, Ltd. for the purchase of right-of-way for the A.W. Grimes Expansion Project. This item was pulled from the consent agenda and addressed in its normal sequence on the regular agenda. • *13.D.2. Consider a resolution authorizing the Mayor to execute an amended engagement letter with Paul Hornsby & Company for appraisal services for right-of-way acquisition for the Sam Bass Road Project. *13.F.2. Consider a resolution authorizing the closing of a portion of Prairie Rock Way on May 29, 2004 for the Turtle Creek Subdivision neighborhood block party_ *13.F.3. Consider a resolution authorizing the closing of a portion of Plantation Drive on May 16, 2004 for a music festival to benefit the Michael Steensma Trust Account *13.F.4. Consider a resolution authorizing the closing of a portion of Harrell Parkway on June 19, 2004 for a 5-K Fun Run to benefit Special Olympics. *13.H.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 to the Agreement for Engineering Services with Chiang Patel &Yerbv Inc for the design of box culverts under R.M. 620 at the Round.Rock Hospital. • *13.I.1. Consider a resolution approving a reimbursement to Villages at Warner Ranch PUD, L.P. for the cost of oversizing water mains associated with the Warner Ranch 113 development. (Warner Ranch Commercial Subdivision) MOTION: Councilmember Rhode moved to approve all the remaining items on the consent agenda. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode 21 :4 MAY 13, 2004 Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *11.A. Consider approval of the City Council minutes for the Work Session and Regular Session of March 25, 2004, the Special Called Session of March 26 2004 and the Regular Session of April 8, 2004. This item was approved under the consent agenda. ORDINANCES: 12.A.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in 1.187 acre of land for the proposed Red Bud Lane Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. Steve Sheets, City Attorney made the staff presentation. This ordinance will allow the City Attorney to initiate eminent domain proceedings to acquire the necessary property interests so that the Red Bud Lane improvement project can be constructed. The construction of this project will accommodate increased mobility in the:City. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 1.187 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember McGraw 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. RESOLUTIONS: 13.A.1. Consider a resolution authorizing the Mayor to execute a Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement with Great West Life &Annuity Companv regarding the confidentiality of protected health information. David Kautz, Assistant City Manager made the staff presentation. The Department of • Health and Human Services issued a compilation of new and existing guidance about key elements of the requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Standards for Privacy of Individually Identifiable Health Information (the "Privacy Rule"). The purpose of this resolution is to comply with Health Insurance Portability and Accountability Act (HIPAA) standards that protect individuals' medical records and other personal health information. RESOLUTION NO. 215 MAY 13, 2004 WHEREAS, the City of Round Rock has previously entered into a Services Agreement with Great West Life &Annuity Insurance Company, and WHEREAS, the City wishes to comply with Health Insurance Portability and Accountability Act (HIPAA) standards that protect individual's medical records, and WHEREAS, the City now wishes to enter into a HIPAA Business,Associate Agreement with Great West Life &Annuity Insurance Company to comply with HIPAA, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a HIPAA Business Associate Agreement with Great West Life & Annuity Insurance 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 avid that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 May, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight 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. 13.A.2. Consider a resolution authorizing the Mayor to execute a Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement with Workers Assistance Program, Inc. regarding the confidentiality of protected health information. David Kautz, Assistant City Manager made the staff presentation. The Department of Health and Human Services issued a compilation of new and existing guidance about key elements of the requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Standards for Privacy of Individually Identifiable Health Information (the "Privacy Rule"). The purpose of this resolution is to comply with Health Insurance Portability and Accountability Act (HIPAA) standards that protect individuals' medical records and other personal health information. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Services Agreement • with Workers Assistance Program, Inc., and WHEREAS, the City wishes to comply with Health Insurance Portability and Accountability Act (HIPAA) standards that protect individual's medical records, and WHEREAS, the City now wishes to enter into a HIPAA Business Associate Agreement with Workers Assistance Program, Inc. to comply with HIPAA, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a HIPAA Business Associate Agreement with Workers Assistance Program, 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 13th day of May, 2004. 2 .1 :6 MAY 13, 2004 NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem Nielson moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmernber Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.8.1. Consider a resolution authorizing the Mayor to execute an Agreement with- Tate Austin for the Round Rock Convention and Visitors Bureau marketing and public relations grogram. Joe Vining, Executive Director of Community Development made the staff presentation. On December 18, 2003, the City Council adopted the tourism plan presented by Destination Development as a guide for Round Rock's tourism efforts. In the adopted plan, Destination Development recommended that the City begin a professional, progressive branding program. The Convention and Visitors Bureau will be the principal organization organized as the marketing and sales arm of the City with the responsibility to increase occupancies of local lodging facilities, and to increase tourism spending in Round • Rock. The agreement is for $298,500. Dave Shaw of TateAustin outlined the scope of the agreement. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for the Round Rock Convention and Visitors Bureau marketing and public relations program, and WHEREAS, Tate Communications, Inc. dba TateAustin has submitted an Agreement for Professional Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Tate Communications, Inc. dba TateAustin, Now Therefore BE IT RESOLVED BY 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 Professional Consulting Services with Tate Communications, Inc. dba TateAustin, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 13th day of May, 2004. 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: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt 21 .7 MAY 13, 2004 Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.C.1. Consider a resolution authorizing First Southwest Company to proceed with the preparation of bond offering documents for $20 million in General Obligation Bonds, • Series 2004. David Kautz, Assistant City Manager/Chief Financial Officer and Cindy Demers, Finance Director made the staff presentation. In November 2001, the voters of Round Rock authorized $89.8 million in General Obligation Bonds for police and fire services, parks and recreation, downtown, streets and infrastructure. The City has previously issued $35 million O of the authorization. This is the second issuance, which will leave a remaining $34.8 million in authorized but unissued bonds. All projects in the authorization continue to remain on schedule. The issuance of these obligations is not expected to adversely affect the City's excellent credit rating because of the City's strong financial position and debt capacity. Cindy Demers, Finance Director outlined the following projects for the second issuance. Proposition 1 - Public Works - 2nd Issuance - $10.1million • Chisholm Trail Reconstruction • Sam Bass Road Improvements • Creek Bend Drive • Chisholm Parkway Extension • Sidewalk Program • Downtown Traffic Improvements • Bowman Road Drainage Proposition 2 - Parks and Recreation - 2nd Issuance - $3.6 million • Old Settlers Park - Family Aquatic Center Construction • Neighborhood Park Improvements • Schematic Design - New Recreation Center Proposition 3 - Public Safety - 2nd Issuance - $5.1 million • Fire Engine Replacement Program • New Police Department Building Proposition 4 - 2nd Issuance - Public Service Facilities • Southwest Downtown Infrastructure Improvements • Schematic Design - Municipal Office Campus Phase 2 Garry Kimball of First Southwest Company, the City's financial advisor, gave a brief overview of the process that will be taken for the bond issuance. He added that the bond issuance will be brought to the Council's second meeting in July. RESOLUTION NO. WHEREAS, the City. of Round Rock desires to negotiate the sale of its $20,000,000 General Obligation Bonds, Series 2004, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That First Southwest Company, Austin, Texas, is authorized and requested to prepare a Preliminary Official Statement containing financial, economic and other data necessary and desirable to facilitate the sale of said Bonds and to distribute said Preliminary Official Statement to the prospective underwriters of the Bonds. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution 218 MAY 13, 2004 and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551 Texas Government Code as amended. ed. RESOLVED this 13th day of May, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas 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. *13.D.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Sycamore Trail, Ltd. for the purchase of right-of-way for the A.W. Grimes Expansion Project. This item was removed from the consent agenda to be addressed at this time. Councilmember McGraw disclosed that he has provided a letter (Attachment "A") to the City Secretary that states he has a conflict of interest on this item and would abstain from any discussion and vote. Councilmember McGraw explained thattheCity Charter • provides that all Councilmembers shall vote on every resolution or ordinance except when there is a conflict of interest and shall disclose the reason for the conflict. Steve Sheets, City Attorney made the staff presentation. This contract is for the purchase of right-of-way for the A.W. Grimes expansion project. This project will build a six- lane curbed and guttered through street to increased mobility in the northern section of Round Rock. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.1988 acre tract of land for additional right-of-way for the A.W. Grimes Expansion Project, and WHEREAS, Sycamore Trail, Ltd. (Carlin-parcel 6), 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 Sycamore Trail, Ltd., for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of May, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary Attachment "A" for May 13, 2004 minutes ALAN M. MCGRAW 2708 Wolkin Cove Round Rock,TX 78681 Tel: 512-388-5889 May 13, 2004 Christine Martinez City Secretary of Round Rock 221 East Main Street Round Rock, TX 78664 Re: Disclosure of Conflict of Interest Regarding Meeting of the City Council on May 13, 2004. Dear Christine: Please insert this letter into the minutes of the City Council Meeting on May 13, 2004. the The City Charter provides that here ibers s a conflict t of int council rest shall he yeas n for every resolution or ordinance,except where �� which shall be stated concisely in the records. I represent partners in Sycamore Trail,Ltd., and previously represented the partnership. Therefore, I believe it would be a conflict of interest for me to vote on item 13.D.1. Sincerely, 1 M. McGraw Councilmember Place 2 i r • 219 MAY 13, 2004 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 • Nays: None Abstain: Councilmember McGraw ACTION: The motion carried with 6 ayes and 1 abstention. *13.D.2. Consider a resolution authorizing the Mayor to execute an amended engagement letter with Paul Hornsby & Company for appraisal services for right-of-way, acquisition for the Sam Bass Road Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an engagement letter with Paul Hornsby & Company for professional appraisal services regarding the acquisition of right-of-way for the widening of Sam Bass Road, and WHEREAS, Paul Hornsby & Company has submitted an amended engagement letter to include additional appraisal fees for parcel #11, and WHEREAS, the City Council desires to enter into said amended engagement letter 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 an amended engagement letter with Paul Hornsby & Company for appraisal services regarding the acquisition of right-of-way for the widening of Sam Bass Road, a copy of same being • attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of May, 2004. 13.D.3. Consider a resolution authorizing the Mavor to execute a Deed to the Texas Turnpike Authority for right-of-way for SH 45 acquired by the City of Round Rock. Steve Sheets, City Attorney made the staff presentation. The City of Round Rock acquired certain right-of-way parcels as requested by the State of Texas in order to facilitate the construction of the State Highway 45 toll project. The State, through the Texas Turnpike Authority, is now constructing the roadway on property owned by the City, and has requested that the property be deeded to the State pursuant to the original interlocal agreement for the project. The right-of-way was acquired at a cost of $20 million and was paid by the City of Round Rock and Williamson County. • RESOLUTION NO. WHEREAS, City of Round Rock, Texas (City), has acquired certain property for the construction of the State Highway 45 roadway project (Project); and WHEREAS, the State of Texas, through the Texas Turnpike Authority (State), is proceeding to construct the Project upon lands owned by City for such purpose; and WHEREAS, the State has requested that City transfer the property acquired by it for the Project to the name of the State for completion of the Project; and WHEREAS, the transfer of the subject property is necessary to facilitate the completion of a State roadway facility which will benefit the citizens of 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 City a Quitclaim Deed to the State of Texas for property which is owned by City of Round Rock and that is necessary for the State Highway 45 project, in the form as described in Exhibit A 220 MAY 13, 2004 attached hereto, and to take such other and further action which is necessary to carry out this directive. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 May, 2004. NYLE MAXWELL, Mayor 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: 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 Waterline Easement Agreement with the Brushy Creek Municipal Utility District. Sharon Prete, Parks and Recreation Director made the staff presentation. The City's Mayfield Park is approximately 245 acres in size and located at the intersection of FM 1431 and Sam Bass • Road (CR175). The property, which was purchased in 2000, remains undeveloped. Currently, there is no Master Plan for the property, but the proposed easement and trail are consistent with the intended type of use for the property. As part of a Brushy Creek MUD raw water line project, an easement through the City's Mayfield Park is necessary. City staff has negotiated an agreement for the easement with Brushy Creek MUD to build a hike and bike trail that will follow the easement through the park. This segment of trail was identified in the Citywide Trails Master Plan and can possibly link the City facility with the Williamson County Regional Park and Lake Georgetown. This easement is just one section of a series of easements that run all the way to Lake Georgetown. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to execute a Waterline Easement Agreement with the Brushy Creek Municipal Utility District ("MUD") for an easement through the City's Mayfield Park for the MUDs raw waterline 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 Waterline Easement Agreement with the Brushy Creek Municipal Utility District, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Art, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of May, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: 2 21 MAY 13, 2004 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 Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.F.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the U.S. Department of Justice for:.the COPS in Schools'2004 Program to hire U a School Resource Officer. Bryan Williams, Police Chief made the staff presentation. For the past several years, the Police Department has stationed School Resource Officers (S.R.O.'s) at Round Rock Independent School District's secondary schools within the city limits of Round Rock. The SRO Team's mission is to take proactive measures and respond to the changing dynamics of the educational environment and the needs of the Law Enforcement Community. The goal of this program is to take a community policing approach toward reducing crime among potential juvenile offenders by providing traditional law enforcement, education, and counseling in a school setting. The three-year cost of hiring a • school resource officer is $222,519, with a portion of that cost picked up by agreement with Round Rock Independent School District (RRISD). The federal grant program would fund $125,000 of the salary/benefits for a School Resource Officer over three years, saving the City a substantial portion of the cost of a new schools officer. RESOLUTION NO. WHEREAS, the U.S. Department of Justice, has grant funds available to cities for various law enforcement projects, and WHEREAS, grant funds are available through the C.O.P.S. (Community Oriented Policing Services) In Schools 2004 Program to fund a School Resource Officer position, and WHEREAS, the City Council wishes to make application for the grant to provide financial assistance for the above-described position, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to make the necessary application for the above-described grant. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered. and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 13th day of May, 2004. NYLE MAXWELL, Mayor 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: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight 222 MAY 13, 2004 Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *13.F.2. Consider a resolution authorizing the closing of a portion of Prairie Rock Way on May 29, 2004 for the Turtle Creek Subdivision neighborhood block party. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the Turtle Creek Subdivision has requested that Prairie Rock Way from 1910 Prairie Rock Way to 1950 Prairie Rock Way be closed for a neighborhood block party on May 29, 2004, from 3:00 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 Prairie Rock Way 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 May, 2004. *13.F.3. Consider a resolution authorizing the closing of a portion of Plantation Drive on May 16, 2004 for a music festival to benefit the Michael Steensma Trust Account. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Wood Glen Homeowners Association has requested that Plantation • Drive from Falkirk Drive to Donner Path be closed for a music festival to benefit the Michael Steensma Trust Account on May 16, 2004, with a rain date of May 23, 2004, from 12:00 noon to 6:00 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 Plantation 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 13th day of May, 2004. *13.F.4. Consider a resolution authorizing the closing of a portion of Harrell Parkway on June 19, 2004 for a 5-K Fun Run to benefit Special Olympics. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Parks and Recreation Department and the Round Rock Express has requested that Harrell Parkway from approximately 1,456 feet north of Palm Valley Boulevard to approximately 3,280 feet south of Aten Loop be closed for a 5-K Fun Run to benefit Special Olympics on June 19, 2004 from 4:45 p.m. to 6:15 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 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 May, 2004. 13.G.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with K. Friese &Associates, Inc. for the McNutt Creek Wastewater 223 MAY 13, 2004 Interceptor Pro'ect - Phase I. Tom Clark Director of Utilities p � , t made the staff presentation. The project scope of work is to construct a large wastewater interceptor from the existing Brushy Creek Regional Wastewater Plant located on the eastern side of the City of Round Rock, and extend northeasterly to the McNutt Creek drainage basin. The total length of the wastewater line will be approximately 7,200 linear feet and the pipe size which will be determined during preliminary design, may range from 48-inch to 60-inch. The City anticipates that the construction of the project can be complete within 24 months of awarding a contract to K. Friese &Associates. The McNutt Creek drainage basin is located on the eastern end of the City's ET]. There is no City water or wastewater infrastructure in this part of the Round Rock ET]. To prepare for;,the development and growth, the City has developed a Wastewater Master Plan that includes the construction of this interceptor to serve this area. The construction of this interceptor will allow the developers to tie into the City's wastewater system in the near future. These preliminary engineering services include preliminary design and alignment, environmental and geological assessments, archeological investigation, right-of-entry documentation; identify required easements, design/property surveying, and estimated construction and final design costs. The scope of the final engineering services will be to complete the design of the wastewater interceptor, including bidding and construction services. These services will be done under a Supplemental • Agreement to this contract, which will require Council authorization. The cost is $79,991.66. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the McNutt Creek Wastewater Interceptor Project - Phase I., and WHEREAS;�� K. Friese & Associates, Inc. has submitted a Contract"i;for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with K. Friese & Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with K. Friese & Associates, Inc. for the McNutt Creek Wastewater Interceptor Project - Phase I., 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 May, 2004. y 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 :2 :24 MAY 13, 2004 Nays: None ACTION: The motion carried unanimously. 13.H.1. Consider a resolution authorizing the, Mayor to execute a Settlement Agreement and Release with Fillip Construction Company Inc. for the Gattis School Roadway Project from High Country Boulevard to Red Bud Lane. Tom Martin, Director of Transportation Services made the staff presentation. The Gattis School Roadway Project was delayed. due to a waterline tie-in under the pavement on Gattis School Road. To • prevent the destruction of newly constructed roadway, the project was delayed until such utility adjustments were completed. This settlement agreement will compensate Fillip Construction Company for delays occurring to the initial start date, for the Gattis School Roadway widening from High Country to Red Bud Lane. The cost is $18,704.00. RESOLUTION NO. WHEREAS, on March 10, 2003, the City of Round Rock (`City") entered into a contract with Fillip Construction Company, Inc. ("Fillip") for the construction of turn lanes on Gattis School Road from High Country Boulevard to Red Bud Lane ("Project"), and WHEREAS, Fillip has submitted a claim to the City for additional costs incurred as a result of unforeseen delays in the completion of the Project, and WHEREAS, the City and Fillip have expressed a willingness to settle this claim for the amount of $18,704.00, and WHEREAS, the .City and Fillip desire to enter into a Settlement Agreement and Release in regards to this matter, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Settlement Agreement and Release with Fillip Construction Company, 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 13th day of May, 2004. 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 Councilmember Coe Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. 13.H.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Alliance Transportation Group, Inc. for traffic signal design at Mays Street at Old Settlers Boulevard and Mays Street at Texas Avenue. Tom Martin, Director of Transportation Services made the staff presentation. This contract replaces the previous contract with Alliance Transportation Group, which expired December 31, 2003. This contract will allow the consultant to complete all outstanding work, including MAY 13, 2004 2 2 '5 construction services and project close out services, which would have been completed had the contract not expired. Funds from the original contract are available to fund this work with no additional funding required by the City. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the installation of traffic signals at Mays Street at Old Settlers Boulevard and Mays Street at Texas Avenue, and WHEREAS, Alliance Transportation Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Alliance Transportation Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Alliance Transportation. Group, Inc. for the installation of traffic signals at Mays Street at, Old Settlers Boulevard and Mays Street at Texas Avenue, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times-during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of May, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution. Councilmember • Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson . Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode ' Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *13.H.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 to the Agreement for Engineering Services with Chiang Patel &Yerby, Inc for the design of box culverts under R.M. 620 at the Round Rock Hospital. This item was approved under the consent agenda. RESOLUTION NO. 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. 4 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. 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. 2 .2 6 MAY 13, 2004 RESOLVED this 13th day of May, 2004. *13.I.1. Consider a resolution approving a reimbursement to Villages at Warner Ranch PUD. L.P. for the cost of oversizing water mains associated with the Warner Ranch 1B development. (Warner Ranch Commercial Subdivisions This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, §8.610(4) Code of Ordinances (1995 Edition) provides for the reimbursement for the oversizing of water mains, and WHEREAS, Villages at Warner Ranch PUD, L.P. has submitted a reimbursement request for the oversizing of water mains associated with the Warner Ranch 1B development (aka Warner Ranch Commercial Subdivision), 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 Villages at Warner Ranch PUD, L.P. of $2,104.54, which is the cost of oversizing water mains associated with Warner Ranch 1B development (aka Warner Ranch Commercial Subdivision). The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this the 13th day of May, 2004., 13.I.2. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services for Construction Materials Inspection and Testing Services with Professional Service Industries, Inc. for the Senior Activity Center/Parking Garage. Tom Word, Chief of Public Works Operations made the staff presentation. Professional Service • Industries, Inc. responded to a request for qualifications for inspections and testing of soils, concrete placement &steel inspection and paving for the Senior Activity Center/Parking Garage. The City staff reviewed their qualifications and recommended approval. The Engineering Consultants will provide inspections, testing, and record reporting to the City at a cost of $42,169.00 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain construction materials and inspection and testing services for the Senior Activity Center/Parking Garage at 301 West Bagdad, and WHEREAS, Professional Service Industries, Inc. has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Professional Service 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 and Inspection and Testing Services for the Senior Activity Center/Parking Garage at 301 West Bagdad with Professional Service Industries, 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 13th day of May, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: r CHRISTINE R. MARTINEZ, City Secretary ark, 22 -7 MAY 13, 2004 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.I.3. Consider a resolution authorizing the Mayor to execute an Agreement for Telecommunications Cabling and Infrastructure Design Services with JanCom Technologies Inc. for programming and design development of telecommunications plans for the Senior v ; Activity Center. Tom Word, Chief of Public Works Operations made the staff presentation. JanCom Technologies designed the telecommunications system for the McConico Building and were asked to give a proposal for the Senior Activity Center. The proposal was for $5,800 to design the telecommunications system and to bid the project and review through construction. The City has worked with JanCom Technologies, Inc. on a previous project and was pleased with the job they performed. The cost of this agreement is $5,800.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional services for the • programming and design development of telecommunications plans for the Senior Activity Center, and WHEREAS, JanCom Technologies, Inc. has submitted an Agreement for Telecommunications Cabling and Infrastructure Design Services and Supplemental Agreement No. 1 to provide said services, and WHEREAS, the City Council desires to enter into said Agreement and Supplemental Agreement No. 1 with JanCom Technologies, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Telecommunications Cabling and Infrastructure Design Services and Supplemental Agreement No. 1 with JanCom Technologies, Inc. for professional services for the programming and design development of telecommunications plans for the Senior Activity Center, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of May, 2004. 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 McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 228 MAY 13, 2004 APPOINTMENTS: 14.A. Consider 7 appointments to the Tourism Commission This seven member Commission will present annual funding recommendations to the City Council, and review the tourism plan and advise the City Council of the need to update or revise the tourism plan. The Commission will be advisory in nature and have no authority to obligate the City in any financial way nor have the authority to make • expenditures of City funds. The initial terms of the Commission are three (3) members serving until June 15, 2005, and four (4) members serving until June 15, 2006. The following individuals were nominated for appointment. Dell Diamond/Heritage Center (One representative) • Wayne A. Whited • Greg Evans • Scott Allen Hotel industry - small-size 250 rooms or less (one representative), • Maria Girma (Wingate Inn) • Mandy Stephens (Residence Inn) • Coral Page (Hampton Inn) • Michael Marshall (Country Inn) Hotel industry - Large-size 250 rooms or more (one representative) • Kyle Covington (Austin Marriott North) Local tourism-related business (two representatives • • Mike Dickey (Mui Bean) • George Kash (Gatti Land) • Vicki Shadden (Dickey's Barbecue Pit) • Janae Halbert (Forest Creek Country Club & Merrell Plantation) • Jim McKinney (Main Street Grill) • Gisele Schaefer (Putt N Fun) Arts community (one representative) • Michelle Patterson (Michelle Patterson Photography) • Gene Stokes (Round Rock Community Choir) • Linda Bolding (Round Rock Community Choir) • Round Rock Higher Education Center (One representative • Edna Rehbein MOTION: Councilmember McGraw moved that nominations cease. 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. The following individuals were appointed after a poll of the Council. Dell Diamond/Heritage Center (One representative) • Scott Allen Term expires June 15, 2005 229 MAY 13, 2004 Hotel industry - small-size 250 rooms or less (one representative) • Coral Page (Hampton Inn) Term expires June 15, 2006 Hotel industry - Large-size 250 rooms or more (one representative) • Kyle Covington (Austin Marriott North) Term expires June 15, 2006 Local tourism-related business (two representatives) • George Kash (Gatti Land) Term expires June 15, 2006 • Gisele Schaefer (Putt N Funn) Term expires June 15, 2005 Arts Community (one representative) • Linda Bolding (Round Rock Community Choir) Term expires June 15, 2005 Round Rock Higher Education Center (One representative) • Edna Rehbein Term expires June 15, 2006 14.13. Consider appointment of the Municipal Judge and Associate Municipal Judge. These positions need to be filled by an attorney. licensed and practicing in the State of Texas. The current Presiding Municipal Judge is Dan R. McNery. The Associate Judge is Troy L. Voelker. Judge McNery requested reappointment as the City's Presiding Municipal Judge and that Troy Voelker be re-appointed as Associate Municipal Judge. MOTION: Councilmember McGraw moved to appoint Dan McNery as Municipal Judge. 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. MOTION: Councilmember Knight moved to appoint Troy Voelker as Associate Municipal Judge. 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. • NEW BUSINESS: 15.A. Consider discussion and/or action regarding personnel and compensation for the City Manager. MOTION: Councilmember Rhode moved to grant the City Manager a 4% increase in his base pay. Mayor Pro-tem Nielson seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode 230 MAY 13, 2004 Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. Councilmember Rhode noted that the City Manager's increase in pay was for a 3% merit increase and 1% equity adjustment to stay in line with cities of similar population as Round Rock. COUNCIL COMMENTS: None • ADJOURNMENT: There being no further business, the meeting adjourned at 8:43 p.m. RAhristione s ectfully Submitted, R. Martinez, City Secretary • • 231 MAY 25, 2004 The Round Rock City Council met in a Special Called Session on May 25, 2004 in the City Council Chamber, 221 E. Main Street. CALL SPECIAL CALLED SESSION TO ORDER - 7:30 A.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scot • Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present was City Manager Jim Nuse. CANVASS MAY 15, 2004 CITY COUNCIL ELECTION: Mayor Maxwell asked Councilmember Pitt, Councilmember Rhode and City Secretary Christine Martinez to recess to the Executive Chamber to conduct the canvass of the May 15, 2004 Election. Councilmember Pitt gave the following report on the results of the May 15, 2004 . Election: Councilmember Place 2 Alan McGraw received 1,923 votes Kevin Welling received 630 votes Councilmember Place 6 • Gary Coe received 1,909 votes and ran unopposed. Following are the results of the propositions: Proposition No. 1 Proposition No. 7 1,740 votes: FOR 1,633 votes: FOR 680 votes: AGAINST 635 votes: AGAINST Proposition No. 2 Proposition No. 8 1,686 votes: FOR 1,871 votes: FOR 688 votes: AGAINST 459 votes: AGAINST Proposition No. 3 Proposition No. 9 2,197 votes: FOR 1,581 votes: FOR 289 votes: AGAINST 736 votes: AGAINST Proposition No. 4 Proposition No. 10 1,598 votes: FOR 1,556 votes: FOR 751 votes: AGAINST 648 votes: AGAINST Proposition No. 5 Proposition No. 11 1,095 votes: FOR 1,427 votes: FOR 1,429 votes: AGAINST 787 votes: AGAINST Proposition No. 6 Proposition No. 12 1,695 votes: FOR 1,908 votes: FOR 740 votes: AGAINST 521 votes: AGAINST RESOLUTIONS 232 MAY 25, 2004 4.A. Consider a resolution declaring that the May 15 2004 City Election results are official. RESOLUTION NO. WHEREAS, the City Council of the City of Round Rock ordered an election to be held May 15, 2004 for the purpose of electing candidates for Councilmember Place 2, Councilmember Place 6, and for twelve propositions for amendments to the City Charter; and WHEREAS, the City Council has investigated all matters pertaining to the election, • including the ordering, giving notice, officers, holding, and making returns of the election; and WHEREAS, the election officers who held the election have duly .made the returns of the result thereof, and the returns have been duly delivered to this City Council; and WHEREAS, in accordance with Chapter 67 of the Texas Election Code, the City Council has canvassed the election returns, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 1. That the City Council officially finds and determines that the election was duly ordered, that proper notice of the election was duly given, that proper election officers were duly appointed prior to the election, that the election was duly held, that the City has complied with the Federal Voting Rights Act and the Texas Election Code, that due returns of the result of the election have been made and delivered, and that the City Council has duly canvassed the returns, all in accordance with the law and the Ordinance calling the election. 2. That the City Council officially finds and determines that the following votes were cast at the election for Councilmember Place 2 and Councilmember Place 6 by the resident, qualified electors of the City, who voted at the election: A. Councilmember Place 2: Alan McGraw 1,923 Votes Kevin Welling 630 Votes B. Councilmember Place 6: Gary Coe 1,909 Votes 3. That the City Council officially finds and determines that the following votes were cast at the election on the submitted PROPOSITIONS by the resident, qualified electors of the City, who voted at the election: • A. PROPOSITION NO. 1: AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTIONS 4.01(d) and 4.01(e), PROVIDING FOR ASSISTANT AND ACTING CITY MANAGERS. 1,740 Votes: FOR 680 Votes: AGAINST B. PROPOSITION NO. 2: AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTIONS 3.05, 4.01(a), 4.01(f), and 4.01(8), - AMENDING THE POWERS AND DUTIES OF THE CITY MANAGER. 1,686 Votes: _FOR 688 Votes: AGAINST C. PROPOSITION NO. 3 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTION 5.01(x), PROVIDING THAT THE CITY COUNCIL MAY ESTABLISH THE GENERAL ELECTION DATE IN ACCORDANCE WITH THE TEXAS ELECTION CODE. 2,197 Votes: FOR 289 Votes: AGAINST D. PROPOSITION NO. 4 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTIONS 7.02 and 7.04, ESTABLISHING PROCEDURES REGARDING PETITIONERS' COMMITTEE AFFIDAVITS AND NOTICE FOR INITIATIVE AND REFERENDUM PETITIONS. • 1,598 Votes: FOR 751 Votes: AGAINST E. PROPOSITION NO. 5 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTION 7.03(a), CHANGING THE NUMBER OF VOTERS WHO MUST SIGN A PETITION FOR INITIATIVE OR REFERENDUM FROM 5% OF THE TOTAL QUALIFIED VOTERS OF THE CITY TO 10% OF THE TOTAL QUALIFIED VOTERS OF THE CITY. 1,095 Votes: FOR 1,429 Votes: AGAINST F. PROPOSITION NO. 6 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTIONS 7.03(d), 7.04(c), 7.04(d), and 7.04(e), J�^ J 1 233 MAY 25, 2004 INCREASING THE TIME FOR FILING INITIATIVE AND REFERENDUM PETITIONS. 1,695 Votes: FOR 740 Votes: AGAINST G. PROPOSITION NO. 7 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTION 8.08, REGARDING SIGNATORIES ON DEPOSITORY ACCOUNTS. 1,633 Votes: FOR 635 Votes: AGAINST H. PROPOSITION NO. 8 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTION 8.10, REGARDING THE MANNER IN WHICH THE CITY'S ANNUAL AUDIT REPORT IS MADE AVAILABLE TO THE PUBLIC. 1,871 Votes: FOR 459 Votes: AGAINST I. PROPOSITION NO. 9 AMENDMENT TO THE HO.I4E RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, SECTION 10.01, REGARDING CONTRACTING WITH OTHER GOVERNMENTAL ENTITIES FOR TAX COLLECTION. 1,581 Votes: FOR 736 Votes: AGAINST J. PROPOSITION NO. 10 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, REPEALING SECTION 10.08 DEALING WITH THE BOARD OF EQUALIZATION. 1,556 Votes: FOR 648 Votes: AGAINST K. PROPOSITION NO. 11 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, REPEALING SECTION 11.09 DEALING WITH RATE REGULATION. 1,427 Votes: FOR 787 Votes: AGAINST L. PROPOSITION NO. 12 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, ADDING PROVISIONS DEALING WITH POLICE DEPARTMENT DISCIPLINARY PROCEDURES. 1,908 Votes: FOR 521 Votes: AGAINST 4. That the City Council officially finds, determines and declares the result of the election to be that Alan McGraw was elected as Councilmember Place 2, that Gary Coe was elected as Councilmember Place 3. 5. That the City Council officially finds, determines and declares that Propositions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, and 12 received a favorable majority vote in all respects and have carried and that in accordance with § 9.005 of the Texas Local Government Code, the City Council hereby declares that this Resolution shall be deemed an order in the records of the City declaring that the aforesaid Propositions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, and 12 are 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 25th day of May, 2004. NYCE 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 Councilmember Coe .234 MAY 25, 2004 Mayor Maxwell Nays: None ACTION: The motion carried unanimously. WORK SESSION: 5.A. Consider presentation regarding the 2003 Comprehensive Annual Financial Report. Cindy Demers, Finance Director made the staff presentation. The Comprehensive Annual Financial Report was prepared by the City's Finance Department and provided to the Council. The report is divided into three sections. The financial section includes the independent auditors' opinion, management's discussion and analysis (MD&A), the basic financial statements with notes and combining and individual fund statements and schedules. The MD&A is a narrative introduction, overview and analysis to accompany the basic financial statements. The statistical section includes various schedules of unaudited data depicting the financial history of the City over the past ten years as well as demographic and miscellaneous statistics. Mike Swayze of Pena Swayze & Co., L.L.P. explained that his firm conducted the audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that they plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. Mr. Swayze gave a brief overview of the auditors report and the city received an unqualified opinion, which is the most favorable audit opinion the City can receive. 5.13. Consider presentation and discussion of the Strategic Calendar. Cindy Demers, Finance Director outlined the Strategic Calendar, which contained items that staff addressed in May and is proposing to address in June. 5.C. Consider staff briefings and Councilmembers discussion and questions regarding items on the agenda for the May 27, 2004 City Council meeting_ Mayor Maxwell outlined the agenda for the May 27 Council meeting and asked if the Council had questions or needed additional information concerning any items on the agenda. Councilmember Rhode asked staff to provide additional informr ation regarding the fees collected and how much the City was subsidizing for the Summertime Express program. • Mayor Pro-tem Nielson pointed out the he will be abstaining on item 16.D.1. due to a conflict of interest. ADJOURNMENT: There being no further business, the meeting adjourned at 8:22 a.m. s ectfully Submitted , Christine R. Martinez, City Secretary t.: •vb s 2 3 5 MAY 27, 2004 The Round Rock City Council met in Executive Session, Work Session and Regular Session on Thursday, May 27, 2004, in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE 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 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. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 8551.087 Government Code, related to deliberation of an offer of a financial or other incentive to a business prospect that the City Council seeks to have locate in or near the City of Round Rock. The Council entered into Executive Session at 5:30 p.m. and adjourned at 6:15 p.m. CALL WORK SESSION TO ORDER - 6:00 P.M. Mayor Maxwell called the work session to order at 6:16 p.m. 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. PRESENTATIONS: 6.A.1. Consider a presentation from the Capital Area Metropolitan Planning Organization (CAMPO) concerning the Mobility 2030 Transportation Plan. Tom Word, Chief of Public Works Operations made the staff presentation. CAMPO is currently developing the Mobility 2030 Transportation Plan and would like the City to be a part of the process. This presentation was to familiarize the Council with the 2030 plan development process and to ensure that the CAMPO Policy Board is aware of the City's transportation concerns. Mike Aulick, Executive Director of CAMPO gave an overview of the Plan. The long range Metropolitan Transportation Plan specifies a set of investments and strategies to maintain, manage, and improve the surface transportation system in the three county region of Williamson, Travis, and Hays Counties in Central Texas. CAMPO last updated the region's Metropolitan Transportation Plan in 2000 (with • subsequent revisions, the most recent in March 2004). Federal regulations require that transportation plans cover at least a 20-year time horizon, and the last plan included forecasts and identified transportation program areas and projects into the future to 2025. The CAMPO Mobility 2030 Plan envisions a transportation system that will enhance quality of life in the three county areas by appropriately balancing mobility with regional goals relating to the economy, the environment, and social equity. The Plan includes a 2,.3_6 MAY 27, 2004 range of projects and programs to implement the vision. Some of those projects are as follows: • An interregional passenger rail system connecting Austin and San Antonio; • A regional rapid transit system, including two regional passenger rail lines and six new bus rapid transit lines; 0 1200 additional lane miles of freeways, parkways, or toll ways, including completion of SH 45 (N), SH 45 (S), SH 130, and US 183 A and upgrades or improvements to IH 35, US 183 (N), US 183 (S), US 290 (E), US 290 (W), SH 71 (E), SH 71 (W), Loop 1® 0 Loop 360, FM 110, FM 734, and RM 620; • 2232 additional lane miles of arterial roadway capacity; and • Approximately 145 million dollars in stand alone bicycle and pedestrian projects. In addition to capital projects, this Plan recommends programs and actions to increase the efficiency of the transportation system, to help manage transportation demand, to increase safety and security, and to improve regional air quality. Capital Metropolitan Transit Authority is currently involved in a major update of the long-range transit plan for their service area. Once Capital Metro's planning process is complete, changes will need to be made to the public transportation element of the CAMPO Mobility 2030 Plan. The CAMPO Mobility 2030 Plan will allow the region to meet federal planning requirements and follow through on commitments made during previous plan updates. Mobility 2030 is also an interim step toward developing a more state of the art regional transportation-planning program in Central Texas. The May 2004 review draft is a starting point for a discussion about the future of the region's transportation system. Over the coming months, CAMPO will seek public input, and will work to revise this draft. The CAMPO Transportation Policy Board will adopt a final version of the CAMPO Mobility 2030 Plan in the spring of 2005. Several aspects of the May 2004 review draft warrant special attention. In particular the following: Public Transportation Element: The public review draft of the CAMPO Mobility 2030 Plan includes preliminary information for both the Capital Metro service area and the Austin- San Antonio Commuter Rail District. Capital Metro is engaged in a major update of its long- range transit plan, and the Austin-San Antonio Commuter Rail District is engaged in an update of the feasibility study for commuter rail published in 1999. Once these planning processes are complete, changes will be maide to the transit element of the CAMPO Mobility • 2030 Plan. Refer to Section 4.2, Public Transportation System for more information. Financial Constraint: Under federal requirements, the CAMPO Mobility . 2030 Plan must be financially constrained (i.e. revenue must be "reasonably expected" to be available over the life of the plan that would cover the costs of the transportation projects, operation, and maintenance called for under the plan). The first review draft of the CAMPO Mobility 2030 Plan represents a first cut at developing a financially constrained plan. In this first cut, 237 MAY 27, 2004 total project costs exceed anticipated revenues. The financial analysis chapter provides a menu of options for eliminating the gap presented by this plan. The final version of the Plan that is adopted in the spring of 2005 will be fully financially constrained. System Performance: Not all performance indicator data were available in advance of publication of the draft that was presented. The second review draft and final plan will • incorporate additional performance data for any future transportation networks that were recommended. In conclusion, prior to publishing the second draft Plan, CAMPO will: • Consider public and agency input received • Analyze alternate transportation improvements • Incorporate a revised transit network • Ensure the: plan is consistent with,near-term toll road program • Prioritize transportation projects'. • Refine the plan to be financially constrained The Council asked several questions of Mr. Aulick regarding the Plan. 6.6.1. Consider a presentation regarding a proposal to license open house signs in public rights-of-way. Jim Nuse, City Manager made the staff presentation. The current sign ordinance is strictly enforced. No signs are permitted in the City owned rights-of-way, except the new-home kiosk. The realtors believe that, due to the slow economy, limited access to the rights-of-way are necessary for re-sales to compete with new homes. Members of the Real Estate Committee approached the City to request `Open House' signs • be permitted under the sign ordinance. Staff has prepared an ordinance that would permit these signs at certain times and under certain conditions. Steve Sheets, City Attorney outlined the purpose and terms of the agreement. He added that the cost to license open house signs in public rights-of-way will be paid for by the program participants. The Council discussed the following items: - enforcement of the license - whether an address of the home for sale should be on the sign - whether open house signs sell houses - the locations where the sign can be placed - if this was a marketing tool, and - how this would benefit the City economically. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the regular session to order at 7:15 p.m. +flr. 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: 2 .3 8 MAY 27, 2004 Bill Huggins of Huggins, Seiler and Associates, 116 E. Main St., invited the Council to their Open House on June 3 from 3:00-5:00 p.m. to view their newly remodeled location. He also thanked City staff and the Historic Preservation Commission for all their help. PRESENTATIONS: 11.A. Continuation of presentations not addressed during the Work Session All of the presentations were addressed at the work session. • PUBLIC HEARINGS: 12.A.1. Consider public testimony regarding an application filed by Brandy Rodriguez to rezone 0.83 acres of land from District SF-2 (Single Family-Standard Lot) to District OF (Office). (112 E. Old Bowman Road) Jim Stendebach, Planning Director made the staff presentation. The rezoning request is for three lots located on E. Old Bowman Road, just east of North Mays Street. The lots were zoned single family with the adoption of the original zoning ordinance (No. 1296). The center lot has an existing house, which will be converted to a Day Care Center. A day care center is permitted in the office zone. The other two lots have no proposed construction improvements. These three lots are surrounded by general commercial and public facility districts. Approval of the rezoning to office would provide compatibility of land use for this locality. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing • P 9 was closed. 12.A.2. Consider public testimony regarding an application filed by Columbia/St. David's Healthcare System to rezone 41.463 acres of land from District C-1 (General Commercial) and PUD (Planned Unit Development) to District PF (Public Facility). (2400 and 2410 Round Rock Avenue and 7100 Wyoming Springs) Jim Stendebach, Planning Director made the staff presentation. A portion of the tracts were zoned C-1 in February 1993 and the remainder of the tracts were zoned PUD No. 35 in January 1999. The developer is proposing to unify the existing 24 acres of C-1 and the undeveloped 17 acres from PUD No. 35 to the Public Facilities District. The Public Facility zoning district permits hospital and medical offices by right thus bringing the current hospital facility into'compliance with the new zoning code. The proposed expansion is for 133,000 sq. ft. of medical facilities. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. • CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *14.A. Consider approval of the City Council minutes for the April 22 2004 Regular Session, May 11, 2004 Special Called Session, and the May 13 2004 Regular Session 2 3 .9 MAY 27, 2004 *15.A.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in 1.187 acre of land for the proposed Red Bud Lane Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Second Reading) *16.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate • Contract with Preston Harvey for the purchase of right-of-way for the Red Bud Lane (CR 122) Proiect. MOTION: Councilmember Rhode moved to approve all 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 Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *14.A. Consider approval of the City Council minutes for the April 22, 2004 Regular Session, May 11, 2004 Special Called Session, and the May 13, 2004 Regular Session. This item was approved under the consent agenda. ORDINANCES: *15.A.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in 1.187 acre of land for the proposed Red Bud Lane Improvement r Proiect, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 1.187 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. 15.B.1. Consider an ordinance rezoning 0.83 acres of-land from District SF-2 (Single • Family-Standard Lot) to District OF (Office). (112 E. Old Bowman Road) (First Reading) Jim Stendebach made the staff presentation on this item during the public hearing portion of 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 0.83 ACRES OF LAND, 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 OF (OFFICE). 240 MAY 27, 2004 MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember 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 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. 15.B.2. Consider an ordinance rezoning 41.463 acres of land from District C-1 (General Commercial) and PUD (Planned Unit Development) to District PF (Public Facility). (2400 and 2410 Round Rock Avenue and 7100 Wyoming Springs) (First Reading) Jim • Stendebach made the staff presentation on this item during the public hearing portion of 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 41.463 ACRES OF LAND, OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) AND PUD (PLANNED UNIT DEVELOPMENT) TO DISTRICT PF (PUBLIC FACILITY). 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. 241 MAY 27, 2004 MOTION: Councilmember Knight 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 Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nuys: None ACTION: The motion carried unanimously. RESOLUTIONS: *16.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Preston Harvey for the purchase of right-of-way for the Red Bud Lane Improvement Project. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City desires to purchase a 0.0011 acre tract of land for additional right-of-way for the Red Bud Lane (CR 122) Project, and WHEREAS, Preston Harvey, 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 Preston Harvey, 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 27th day of May, 2004. 16.B.1. Consider a resolution authorizing the Mayor to execute an Agreement with the Caoital Area Rural Transportation System to run the Summertime Express Bus Service for the City. Sharon Prete, Parks and Recreation Director made the staff presentation. The Summertime Express has provided transportation for the citizens of Round Rock for the past • 5 summers. Our program focus is youth 8-15 years who need a safe means of transportation to "hot" spots around town such as the Library, swimming pools, Clay Madsen Recreation Center, YMCA, golf course, bowling alley, movie theater, putt-putt golf or to a friend's house across town. This is a subsidized service ($18.65 per rider) that totaled 2,877 rides last summer. A summer pass is cost $25 or one can pay $.50 for a one- way ride. RESOLUTION NO. .242 MAY 27, 2004 WHEREAS, the City of Round Rock wishes to enter into an agreement with the Capital Area Rural Transportation System (CARTS) to run the Summertime Express Bus Service in Round Rock from June 1, 2004 through August 13, 2004, Now Therefore BE IT RESOLVED BY 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. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of May, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councllmember 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. 16.C.1. Consider a resolution authorizing the Mayor to execute a Memorandum of • Agreement with NNP-Teravista, L.P. for cost participation in the construction of a wastewater line to serve the Higher Education Center and the Williamson County Municipal Utility District No. 11 (MUD 11). Tom Word, Chief of Public Works Operations made the staff presentation. Under the terms of the September 10, 1998 Development Agreement between MUD No. 11 and the City, a wastewater interceptor would be constructed from Chandler Road to the Chandler Creek/1460 wastewater interceptor by Newland and the City would reimburse Newland for oversizing costs. Due to the City's need to provide wastewater service to the Round Rock Higher Education Center (the "HEC') by August 2005, the City intends to construct the wastewater interceptor to serve the HEC, which is substantially the same location proposed for the wastewater interceptor to be constructed by MUD No. 11 under the existing Development Agreement. This agreement will allow MUD No. 11 to participate in the HEC wastewater interceptor at a cost savings to the City and • MUD No. 11. Newland will pay the City the sum of $1,500,000.00 (the "Capacity Payment") for the 1,588 living unit equivalents ("LUE's") of capacity in the HEC ("Avery Farms") Wastewater Interceptor, which will be reserved for and allocated to MUD. No. 11, as provided in this Agreement. RESOLUTION NO. WHEREAS, on September 10, 1998, the City of Round Rock entered into a Development Agreement with NNP-Teravista, L.P. (f/k/a Newland-Round Rock Associates, L.P.) ("Newland") regarding the terms on which Newland would construct a wastewater 243 MAY 27, 2004 interceptor ("Original Interceptor") from Chandler Road to the Chandler Creek/FM 1460 wastewater interceptor, and WHEREAS, the City now desires to construct a wastewater interceptor in substantially the same location proposed for the Original Interceptor to provide wastewater service to the Round Rock Higher Education Center ("HEC Line"), and WHEREAS, the City wishes to enter into a Memorandum of Agreement with Newland to set forth the terms on which the City will construct the HEC Line in lieu of construction by Newland of the Original Interceptor, and Newland will purchase capacity in the HEC line which will be reserved for and allocated to Newland on behalf of Williamson County Municipal Utility District No. 11, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Memorandum of Agreement with NNP-Teravista, L.P., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of May, 2004. KYLE 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. 16.C.2. Consider a resolution authorizing the Mayor to execute an Agreement for Household Hazardous Waste Collection Activities/Waste Disposal Service with Philip Reclamation Services, Houston, Inc. Tom Word, Chief of Public Works Operations made the staff presentation. Seven Request for Proposals were sent out and three were received from vendors to perform these services. Philip Reclamation Services, Houston, Inc. submitted the lowest bid for the household hazardous waste collection. The City's Environmental Services Division has conducted several successful household hazardous ,waste collection events since 1996. Monthly paint collections were established in 2003, and the installation of hazardous storage buildings in the summer'of 2004 will allow a • permanent facility to be established. This program is necessary for the proper and safe disposal of household wastes such as paints, thinners, pesticides, cleaners, fertilizers, herbicides, solvents, acids and a variety of other chemicals. This agreement will provide staff training in the packaging, segregating and identification of household hazardous waste. The training provided will allow for more efficient waste management, waste disposal will be reduced and recycling options will be increased. The cost of this agreement is $16,145.00. RESOLUTION NO. 244 MAY 27, 2004 WHEREAS, the City of Round Rock desires to retain professional services for household hazardous waste collection and disposal, and WHEREAS, Philip Reclamation Services, Houston, Inc. has submitted an Agreement for Household Hazardous Waste Collection Activities/Waste Disposal Service, and WHEREAS, the City Council desires to enter into said Agreement and with Philip Reclamation Services, Houston, 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 Household Hazardous Waste Collection Activities/Waste Disposal-Service with Philip Reclamation Services, Houston, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of May, 2004. 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 Councilmember Coe • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 16.D.1. Consider a resolution in support of Chandler's Cove Retirement Apartments tax credit application. Mayor Pro-tem Nielson disclosed that he has a conflict of interest on this item due to his representation of a party involved with this piece of property and he will abstain from the discussion and vote on this item. Mona Ryan, Community Development Coordinator made the staff presentation. Campbell-Hogue & Associates in a joint venture with the Capital Area Housing Finance Corporation and Chandler's Cove Retirement Apartments is proposing a mixed income development for seniors, with incomes ranging from 40% of median to market. Chandler's Cove will consist of 90 single story apartment units, 72 (80%) of which will be rent restricted according to the median family incomes established by the Department of Housing and Urban Development with the balance of 18 (20%) units at market rents. Chandler's Cove Retirement • Apartments will be financed utilizing low income housing tax credit equity and conventional and supplemental below market financing. The estimated total cost of the development (though this number will continue to change as refinements are made to the budget) is approximately $7.7 million. The current estimate is that the project will generate $391,000 in annual tax credits which at an estimated price of 80� would generate equity in the amount of $3.1 million. The balance of the costs would be financed utilizing a conventional FNMA permanent loan is $3.55 million and a HOME or Housing Trust Fund loan in the amount of $500,000. The 24 -5 MAY 27, 2004 remaining funding gap would be filled by deferring development fees. This property will become tax exempt according to local government code 394.905 and ad valorem taxes will be paid under a PILOT (payment in lieu of taxes) agreement between the owners and the city. The Texas Department of Housing and Community Affairs (TDHCA) administer the tax credit program and require evidence of community support for development proposals. RESOLUTION NO. WHEREAS, low income housing tax credits are essential and critically important in financing affordable housing opportunities in this state, and WHEREAS, the Capital Area Housing Finance Corporation together with Campbell-Hogue &Associates desire to obtain tax credits through the Low Income Housing Tax Credit application process in 2004 for a senior rental housing development to be known as the Chandler's Cove Retirement Apartments project, and WHEREAS, the Capital Area Housing Finance Corporation and Campbell-Hogue & Associates desire to develop Chandler's Cove Retirement Apartments project jointly, and WHEREAS, the Capital Area Housing Finance Corporation and Campbell-Hogue & Associates proposed development of the Chandler's Cove Retirement Apartments project will meet a large demand for affordable senior housing, and WHEREAS, Campbell-Hogue &Associates and the Capital Area Housing Finance Corporation are seeking local support of this proposal, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor and City Council support the submission of an application by the Capital Area Housing Finance Corporation together with Campbell-Hogue &Associates for tax credits through the Low Income Housing Tax Credit program for the purpose of developing the Chandler's Cove Retirement Apartments affordable senior housing 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 27th day of May, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: di CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Abstained: Mayor Pro-tem Nielson ACTION: The motion carried with 6 ayes and 1 abstention. APPOINTMENTS: • 17.A. Consider 1 appointment to fill an unexpired term on the Tourism Commission for the small-size hotel industry. This appointment will fill an unexpired term for the small- size hotel industry. The term will expire June 15, 2006. Applications were received from Maria Girma (Wingate Inn), Mandy Stephens (Residence Inn), Michael Marshall (Country Inn), Michael Harrell (Hampton (Inn), and Jason Guthrie (Staybridge Suites). Mayor Maxwell opened the floor for nominations. 246 MAY 27, 2004 MOTION: Mayor Pro-tem Nielson moved that all the applicants be nominated and that nominations cease. 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. The following results are from a poll of the Council. Maria Girma (Wingate Inn) 0 votes Mandy Stephens (Residence Inn) 0 votes Michael.Marshall (Country Inn) 0 votes Michael Harrell (Hampton (Inn) 0 votes Jason Guthrie (Staybridge Suites) 7 votes (appointed) COUNCIL COMMENTS: Councilmember Knight announced that he would not be at the next Council meeting due to being out of town. Councilmember McGraw recognized Nicoll Diamond and his mother Debbie who were present. Councilmember McGraw noted that particularly on the upcoming weekend of Memorial Day, it is amazing that there are still people who want get involved in defending our country. In addition, itit is rare meet an individual who at 16 years of age has a goal to • attend the was Naval Academy. Nicoli became an officer in his Junior Naval ROTC as a freshman. He is now Command Master Chief, which typically does not happen until the junior or senior year; Nicoll accomplished this rank in his sophomore year. Among other things, he recently received the Central Texas Leadership Award from Fox Channel 7 for his volunteer efforts. ADJOURNMENT: There being no further business, the meeting adjourned at 7:48 p.m. R pectfully ted, .'I'm ary Christine R. Martinez, City Secret 7; 2 4 :7 JUNE 10, 2004 The Round Rock City Council met in Work Session and Regular Session on Thursday, June 10, 2004, 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 Scott Rhode and Councilmember Gary Coe. Councilmember Scot Knight was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. PRESENTATIONS: 3.A.1. Consider a presentation concerning the Hazard Mitigation Planning Process. Keith Tanner, Fire Marshal made the staff presentation. Hazards are defined as those incidences, potential or previously experienced, that affects the safety of the public. For the purposes of the study, hazards include major spring and winter storms, storage and release of hazardous materials, major accidents on roads or railroads, dam failure, and similar types of hazards. Following the identification of hazards, action plans were deyeloped to minimize the effects of hazards whenever possible. As of this point, staff has received positive public input on these plans. Members of the Hazard Mitigation Planning team include staff members from throughout the city who serve in some capacity in the Emergency Operations Center, representatives from the Williamson County Improvement District #1 (dam • operations), the Williamson County and Cities Health District, and others who have information or responsibilities related to hazard mitigation. In compliance with FEMA, the city is developing a Hazard Mitigation plan. This presentation is the first step in the process. The Council received an overview on the draft document, which will be sent to the state's Department of Emergency Management for review and comment. Once it is returned to us and edited, a final copy will be presented to the City Council for approval. The expected time frame for this last step is Winter 2004/2005. 3.B.1. Consider a presentation concerning the Subdivision Ordinance revisions. Jim Stendebach, Planning Director made the staff presentation. To date, three focus groups with the development community have been held to review and solicit input for the draft. The focus groups consisted of local and regional engineers, developers, utility representatives, and representatives from the Capital Area Home Builders Association. The • majority of comments received from the focus groups have been incorporated into the draft ordinance, or reasons have been provided as to why they could not be included. On April 28, 2004, at its regular meeting, the Planning and Zoning Commission held a public hearing and unanimously recommended the ordinance to City Council for adoption. The following items represent the key changes to the existing Subdivision Ordinance. • Proposal to eliminate the requirement for a Concept Plan for tracts less than 5 acres within the city limits. (Section 8.204). 248 JUKE 10, 2004 • Proposal to eliminate public hearings for plats, with the exception of those Replats which require a public hearing by state law. Notification and public hearing will continue to be required for Concept Plans. (Section 8.204.6). • Proposal to include a procedure for a one cycle final plat. The procedure is identified as the "minor subdivision final plat." (Section 8.207). • Proposal to provide for administrative approval of public easement vacations. (Section 8.211). • Proposal to require a tree survey to identify significant trees at the preliminary plat stage. (Section 8.205.4). • Proposal to require mandatory parkland dedication. (Section 8.302). • Proposal to allow City Council to modify the requirements of the Subdivision • Ordinance for those non-recorded subdivisions which existed in their present configuration prior to January 1, 1970. (Section 8.113). • Proposal to include a new subdivision fee structure. (Section 8.116). • Proposal to require a Traffic Impact Analysis prior to all stages of platting. (Section 8.403). • Proposal to increase street right-of-way widths to accommodate but not require the planting of street trees. Reduced setbacks were included in the 2002 Zoning Ordinance revision to accommodate the increased right-of-way widths. • Proposal to require sidewalks along streets in industrial subdivisions. (Section 8.405). • Proposal to include separate standards for rural subdivisions. (Section 8.421). • Proposal that plats show the limits of the Ultimate 100-year floodplain for all waterways draining fifty or more acres by hatch marking the area on the plat. No fences, structures, storage or fill shall be placed within the limits of the Ultimate 100 year floodplain. No portion of the minimum lot area (6500 square feet) for any lot required by this Code shall be located within the Ultimate 100-Year Floodplain. (8.604.Sections 1 - 6). The existing Subdivision Ordinance has been in place since 1969 with minor amendments having been made since that time. Changed conditions and outdated standards warrant new subdivision regulations. • 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 Nyle Maxwell, Mayor Pro-tem Tom Nielson, Councilmember Alan McGraw, Councilmember Carrie Pitt, Councilmember Scott Rhode and Councilmember Gary Coe. Councilmember Scot Knight was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. SWEAR IN NEWLY ELECTED COUNCILMEMBERS FOR PLACE 2 AND PLACE 6: Councilmember Elect Alan McGraw and, Gary Coe were sworn into office by Judge Dan McNery. CITIZENS COMMUNICATIONS: Alisha Carlile, Posey McClung and members of the Senior Citizens Foundation • informed the Council and citizens of their advanced sales of daffodil bulbs. They also thanked the City for all of their support in promoting Round Rock as the Daffodil Capital of Texas. Kevin Webb, 2001 Deepwood Drive, and Jay Robinson, 2706 Messick Loop W. expressed their concern regarding the McNeil Corridor enhancement project. Mr. Robinson also asked the Council to consider allowing residents, whose home backs up to McNeil Road, 249 JUNE 10, 2004 to pay the additional costs in order to raise the fence to eight feet, instead of six feet, in order to increase privacy and lessen the noise from the train and traffic. PUBLIC HEARINGS: 9.A.1. Consider public testimony regarding the proposed amendments to Chapter 11, Zoning, Round Rock Code of Ordinances (1995 Edition), Jim Stendebach, Planning Director made the staff presentation. The City of Round Rock Zoning Ordinance was adopted in May 2002. The proposed text amendments attempt to resolve a number of recurring issues staff has encountered since ordinance adoption. These proposed amendments will be to provide improved zoning procedures and development standards. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. No items were removed from the consent agenda. *11.A. Consider approval of the City Council minutes for the May 25, 2004 Special Called Session and the May 27, 2004 Regular Session. This item was approved with an amendment. The amendment being to change the title of the "Texas Naval Academy" to the • "United States Naval Academy", which is located under Council Comments regarding Nicoli Diamond. *12.A.1. Consider an ordinance determining the public necessity for the acouisition of a fee simple interest in a 0.131 acre parcel of land and a 0.225 acre parcel of land for the proposed Red Bud Lane Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcels 2 and 6) (First Reading) *12.B.1. Consider an ordinance granting a franchise to Sentinel Waste, L.L.C. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (First Reading) *13.C.4. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Agreement for Engineering.Services with Coulter Engineering Inc. for the design of the Deerfoot Drive 8-inch Waterline Improvements. MOTION: Councilmember Rhode moved to approve all the remaining items on the • consent agenda. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. APPROVAL OF MINUTES: 250 TUNE 10, 2004 *11.A. Consider approval of the City Council minutes for the May 25 2004 Special Called Session and the May 27, 2004 Regular Session. This item was approved under the consent agenda with amendments. ORDINANCES: *12.A.1. Consider an ordinance determining.the public necessity for the acquisition of a fee simple interest in a 0.131 acre parcel of land, and a 0.225 acre parcel of land for • the proposed Red Bud Lane Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcels 2 and 6) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 0.356 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember McGraw 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 Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. *12.B.1. Consider an ordinance granting a franchise to Sentinel Waste, L.L.C. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO SENTINEL WASTE, L.L.C. TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 12.C.1. Consider an ordinance amending Chapter 11, Zoning Round Rock Code of Ordinances (1995 Edition). (First Reading) This item was addressed earlier in the meeting under Public Hearings. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.203, 11.409, 11.423, 11.501, 11.505, 11.802 AND APPENDIX A, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROVIDE THE APPOINTMENT OF AN ALTERNATE MEMBER TO THE HISTORIC PRESERVATION COMMISSION AND AMEND QUORUM REQUIREMENTS; ADD SINGLE FAMILY ATTACHED AS A PERMITTED USE IN THE C1 (GENERAL COMMERCIAL) DISTRICT WITH CONDITIONS; AMEND OUTDOOR DISPLAY .REQUIREMENTS; AMEND THE SCREENING REQUIREMENTS FOR OUTDOOR STORAGE AND ADD SCREENING 251 JUNE 10, 2004 REQUIREMENTS FOR LOADING DOCKS; PERMIT GENERAL OUTDOOR STORAGE IN THE C1 (GENERAL COMMERCIAL) DISTRICT WITH CONDITIONS; DELETE THE DEFINITIONS OF "OUTDOOR DISPLAY", "STORAGE, GENERAL OUTDOOR" AND "STORAGE, LIMITED OUTDOOR"; AMEND APPENDIX A - SUMMARY USE TABLE BY DISTRICT; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 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 Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight 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 to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight • ACTION: The motion carried unanimously. RESOLUTIONS: 13.A.1. Consider a resolution authorizing the Mayor to execute an Agreement for Professional Consulting Services with PricewaterhouseCooi)ers, L.L.C. regarding a Forest Creek Golf Course market study and property valuation. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. The Forest Creek Golf Creek (FCGC) was constructed in 1990 and opened for play in 1991. Since that time the FCGC has been operated as an upper-end daily fee course. The City has chosen to use a management company to run the course during that time. The current agreement with "On Course Strategies" is due to expire at the end of April 2005. With that in mind, the City staff feels that it would be beneficial to have an out firm take a comprehensive look at the long-range future of the City's best interest and FCGC. The total cost of this agreement is $24,000.00 plus reimbursement costs not to exceed $4,000.00. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services relating to the valuation of Forest Creek Golf Course, and WHEREAS, PricewaterhouseCoopers LLP has submitted an Agreement for Professional Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with PricewaterhouseCoopers LLP, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Professional Consulting Services with PricewaterhouseCoopers LLP, 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 .2 52 JUNE 10, 2004 such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2004. 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 Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. 13.B.1. Consider a resolution authorizing the Mavor to execute a contract with Fencecrete America, Inc. for the McNeil Road Corridor Enhancement Project. Tom Word, Chief of Public Works Operations made the staff presentation. The City received response from two bidders. The low base bid is below the Engineer's estimate and within funds available for the project. Fencecrete America, Inc. submitted the low base bid. McNeil is different from the other corridors in this G. O. Bond program with the parallel railroad business industry, and residential along the right-of-way, therefore a program needs to be developed and tailored for this project. The existing wood fence has been a source of complaints from the public traveling along McNeil Road for many years. This project will improve one of the oldest corridors in the City of Round Rock. This Council Action would award the construction contract for replacement of the small residential lot fencing along the north right-of-way line as phase two of the McNeil Road Project being Segment II of the Corridor Enhancement Program in the 2001 G. O. Bond Proposition. Construction is proposed to replace the existing small residential lot wood fencing along the north side of McNeil Road with the more substantial fence structure. Terry Hagood, with Fisher Hagood also gave an overview of TxDot's information of how the new fence would not greatly affect the sound of the train and traffic due to the height. The total cost of this contract is $328,048.50. , RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the McNeil Road Corridor Enhancement Project, and WHEREAS, Fencecrete America, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Fencecrete America, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Fencecrete America, Inc. for the McNeil Road Corridor Enhancement 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 253 JUNE 10, 2004 such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2004. 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 Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. 13.B.2. Consider a resolution authorizing the Mayor to execute a contract with Austin Filter Systems, Inc. for the construction of channel restoration and stabilization downstream from Hester's Crossing. Tom Word, Chief of Public Works Operations made the staff presentation. The City received bids from two firms. The low base bid is below the • Engineer's estimate and within funds available for the project. Austin Filter Systems, Inc. submitted the low base bid of$95,159.00. The unnamed tributary is eroding, transporting sediment downstream, and causing significant damage to private property. This damage includes the loss of parking pavement with curbing, possible damage to an existing wastewater clean-out, and the potential loss of a fence separating a Day Care Center from a vertical drop into the drainage ditch by a few inches. In light of the safety issues with the Day Care Center and a steady increase in complaints from the adjacent property owners, the City of Round Rock has assumed the responsibility for the maintenance of this ditch. This project is not associated with any type of development and will not increase storm water runoff. Council Action for this award of the construction contract would allow restoration and stabilization of approximately 400 linear feet of an unnamed tributary to Lake Creek. The project is located between Hester's Crossing and Old West Drive, west of IH 35. • RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of channel restoration and stabilization downstream from Hester's Crossing, and WHEREAS, Austin Filter Systems, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Austin Filter Systems, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Filter Systems, Inc. for the construction of channel restoration and stabilization downstream from Hester's Crossing. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this 254 JUNE 10, 2004 Resolution and the subject matter hereof 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 June, 2004. 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 Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. 13.C.1. Consider a resolution authorizing the Mayor to execute a Contract for i Engineering Services with Camp, Dresser & McKee, Inc. for a Membrane Water Treatment Facility at the Lake Creek Well Site. Tom Clark, Director of Utilities made the staff presentation. The quality of water from our existing groundwater wells has been steadily declining over the years. Our groundwater wells are a valuable source of water to the City, capable of producing from 4 to 8 (million gallons per day) mgd. The work under this contract is to select the type of membranes that will be used, prepare preliminary design drawings, specifications and a preliminary engineering report required for the future construction of a Membrane Water Treatment Plant at our existing Lake Creek site. The project will not be constructed until water quality of the wells deteriorates to the point requiring the membrane plant be installed. This resolution is required due to the contract time not being extended prior to the original January 1, 2004 termination date. The project is currently scheduled to finish in July 2005. There is no change to the original contract amount. The cost of this contract is $40,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for a Membrane Water Treatment Facility at the Lake Creek Well Site, and WHEREAS, Camp Dresser & McKee, Inc. has submitted a Contract for Engineering Services to provide said services, and • WHEREAS, the City Council desires to enter into said contract with Camp Dresser & McKee, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Camp Dresser & McKee, Inc. for a Membrane Water Treatment Facility at the Lake Creek Well Site, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2004. 255 JUNE 10, 2004 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 Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. 13.C.2. Consider a resolution authorizing the Mayor to execute a Cost Sharing Agreement with MDSR GP. Inc. and Continental Homes of Texas. L.P. for the design and construction of the Stone Oak Booster Pump Station Project. Tom Clark, Director of Utilities made the staff presentation. The booster pump station will improve the water system pressure and fire flow in the Preserve at Stone Oak and Village at Mayfield Ranch subdivisions. The developers from these new subdivisions are currently developing in these areas and have agreed to contribute to the design and construction of these waters stem 9 9 Y • improvements. The City has experienced low water pressure in the Preserve at Stone Oak Subdivision north of FM 1431. A booster pump station with a hydropneumatic tank will be designed and built to pump from the existing 1431 standpipe and increase the water pressure for approximately 720 lots in the Preserve at Stone Oak and Village at Mayfield Ranch subdivisions on the northwest side of the City. Because these subdivisions are under construction, the developers have agreed to contribute $50,000 each to the water system improvements. The estimated construction cost for this project is $221,000. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a Cost Sharing Agreement with MDSR GP, Inc. and Continental Homes of Texas, L.P. concerning the design and construction of a Booster Pump Station in the Preserve at Stone Oak, and WHEREAS, the City Council wishes to approve said Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Cost Sharing Agreement with MDSRGP, Inc. and Conti nental,,,Homes of Texas, L.P. concerning the design and construction of a Booster Pump Station in the Preserve at Stone • Oak, 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 June, 2004. KYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 256 JUNE 10, 2004 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. 13.C.3. Consider a resolution authorizing the Mayor to execute a Contract for Enaineerina Services with Gray, Jansing &Associates for the Stone Oak Booster Pump Station Project. Tom Clark, Director of Utilities made the staff presentation. For the past several years, the residents in this area of Round Rock have experienced water pressure problems. The booster pump station will improve the water system pressure and fire flow in this area, which includes the Preserve at Stone Oak and Village at Mayfield Ranch subdivisions. The City has experienced low water pressure in the Preserve at Stone Oak Subdivision north of FM 1431. These water pressure problems have been evident to the residents living in the higher elevation areas of the subdivision. A booster pump station with a hydropneumatic tank will be designed and built to pump from the existing 1431 standpipe and increase the water pressure for approximately 720 lots in the Preserve at Stone Oak and Village at Mayfield Ranch subdivisions on the northwest side of the City. The estimated construction cost for this project is $221,000. The cost of this contract is $39,796.50. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Stone Oak Booster Pump Station Project, and WHEREAS, Gray, Jansing &Associates, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract 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 a Contract for Engineering Services with.Gray, Jansing &Associates, Inc. for the Stone Oak Booster Pump Station Project, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of June, 2004. 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. 257 JUNE 10, 2004 VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. :• *13.C.4. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 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 Improvement Project, and WHEREAS, Coulter Engineering, Inc. has submitted Supplemental Agreement No. 3 to the Agreement to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 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. 3 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 10th day of June, 2004. 13.C.5. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Baker-Aicklen &Associates, Inc. for the East Water Transmission Line, Phase 3-A (Redbud Lane) Tom Clark, Director of Utilities made the staff presentation. The recent Water Distribution Master Plan calls for this line to be installed from US 79 to Forest Creek Drive in order to meet water demands in the southeast portion of the City. In the previous Master Plan, the line was not required until 2012, but is needed because of the accelerated growth experienced in the southeast part of town. Staff generally requests proposals for this type of work, however, Baker Aicklen have done surveying and design of the roadway in Redbud Lane and this will allow for a shorter construction schedule, close coordination of the pipeline and roadway project and cost savings by preventing redundant work. Because of the impending roadway construction, the water line needs to be installed • prior to the roadway. This will improve the water distribution system and reliability in the area. This resolution is required to add to the existing contract with Baker Aicklen & Associates, for the design and engineering of the 16" East Water Transmission Main along Red Bud Lane. The total cost of this contract is $99,280.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of the East Water Transmission Line, Phase 3A (Redbud Lane), and 25 ]UNE 10, 2004 WHEREAS, Baker-Aicklen &Associates, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Baker-Aicklen & Associates, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Baker-Aicklen &Associates for the design of the East Water Transmission Line, Phase 3A (Redbud Lane), a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of June, 2004. 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 Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight • ACTION: The motion carried unanimously. APPOINTMENTS: 14.A. Consider appointment of Mayor Pro-tem. Mayor Maxwell opened the floor for nominations. Councilmember McGraw was nominated. MOTION: Mayor Pro-tem Nielson moved that nominations cease and to appoint Councilmember Alan McGraw as Mayor Pro-tem by acclamation. Councilmember Pitt seconded the motion. VOTE: Ayes: Mayor Pro-tem Nielson Councilmember McGraw Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell . Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. • 14.B. Consider the confirmation of the City Manager's appointment of Ed Girvan to the Civil Service Commission. Jim Nuse, City Manager made the staff presentation. The Civil Service law, adopted through popular election, requires a 3-member commission. The commission is appointed by the City Manager and confirmed by the City Council. Jim Nuse re-appointed Ed Girvan for a 3-year term, with the approval of the Council. MOTION: Councilmember Pitt moved to accept the re-appointment of Ed Girvan to the Civil Service Commission by acclamation. Councilmember Rhode seconded the motion. 2 5 :9 JUNE 10, 2004 VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Nielson Councilmember Pitt Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. • COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:11 p.m. Re pectfully Submitted, Sfrerri Monroe, Assistant City Secretary • • 26 `v JUNE 24, 2004 The Round Rock City Council met in Executive Session, Work Session and Regular Session on Thursday, June 24, 2004, in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE SESSION TO ORDER: The meeting was called to order at 5:30 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot • Knight, and Councilmember Scott Rhode. Councilmember Gary Coe was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Executive Session as authorized by 5551.087 Government Code, related to deliberation of an offer of a financial or other incentive to a business prospect that the City Council seeks to have locate in or near the City of Round Rock. The Council left the dais and proceeded to the Executive Chamber for the Executive Session. Mayor Maxwell opened the Executive Session at 5:35 p.m. and adjourned at 6:14 p.m. CALL WORK SESSION TO ORDER: Mayor Maxwell called the Work Session to order at 6:15 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot • Knight, and Councilmember Scott Rhode. Councilmember Gary Coe was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. PRESENTATIONS: 6.A.1. Consider a presentation reaardina a draft Financial Management Policy_ David Kautz, Assistant City Manager/Chief Financial Officer gave an introduction of the City's Financial Management Policy. Cindy Demers, Finance Director gave an overview of the City's Financial Management Policy. The City's relatively high reliance on sales tax as an operations funding source warrants a review of the financial policies surrounding the use of these sales tax funds. As a result of the City's continued and growing reliance on sales tax revenue to fund general operations, a formalized policy containing several interconnected financial management components is necessary to comprehensively manage and communicate both the short and long-term financial objectives of the City. The Objectives of this policy are to provide a consistent, long-term approach for the fiscal management of • the City's operating funds to balance revenue requirements with the service needs of a growing population. Specifically, this policy is intended to help the City avoid the risk of a combined high property tax rate and a high reliance on sales tax. Components of this policy include the following: Sales Tax Component - General Fund sales tax revenues derived directly from Dell, Inc. shall be reviewed regularly and limited to a growth rate of no more than 2% over prior 2 61 JUNE 24, 2004 year budgeted collections. In no event should Dell sales tax revenue allocated for general fund operations budgetarily exceed 50% of total operating sales tax revenue. Any excess collections over the established cap in a fiscal year from Dell sales tax shall be transferred to the general self-financed fund and utilized and, budgeted for the non-recurring programs as approved by the City Council. Examples of programs include: ;• Fund capital improvements and/or one-time expenditures as approved by the City Council to minimize the need to borrow additional funds. • Retire existing general debt. Determination of the use of the excess funds will be made in conjunction with these policy guidelines. Funds will be budgeted or earmarked for use within the following fiscal year of collection. City staff will make allocation recommendations considering all three factors above and final approval of the use of the funds will be made by the City Council. Additional Components - In addition to the sales tax component, we envision the policy will also address critical areas such as fund balance reserves, property tax management and budgeting philosophy. The City is still developing the details of these components and plan to add these to the policy in the coming months as we work through the fiscal 2005 operating budget. 6.13.1. Consider a presentation of the Wastewater Master Plan by the Utilities • Department and Camp Dresser & McKee, Inc. Engineering. Tom Clark, Utilities Director made the staff presentation. The Council authorized Camp Dresser & McKee, Inc. to update the Wastewater Master Plan on May 8, 2003. The master plan is used to ensure proper pipeline sizes are installed during development so that long term needs of the city are met. Additionally, the plan will focus on a 10-year Capital Improvements Plan for use in the City Utility Capital Improvements Project (CIP) and for use in calculating the impact fees. Allen Wilke with Camp Dresser & McKee, Inc. pointed out that an adequate wastewater collection is essential for industrial, commercial and residential development within the City. He outlined the following: Proiect Goal and Obiectives • Develop a computer,model of the City's wastewater system that will be provided to the City and can be used to evaluate the effect of future • developments. • Determine future wastewater flows based upon population and land use. • Identify necessary wastewater system improvements around to accommodate future flows. • Prepare cost estimates for future improvements, including a 10-year CIP for Capital recovery fee determination. General Methodology • Population projection consistent with CORR wastewater master plan • Land Use date provided by City of Round Rock Planning Department • Wastewater flow data taken from 1997 flow monitoring study funded by the City of Round Rock • Used City of Round Rock GIS and infrastructure data • Computer Model - InfoWorks developed by Willingford Software 2 6 '2 JUNE 24, 2004 Mr. Wilke briefly outlined the population projections graph. He continued by outlining the following. Computer Model • GIS compatible • Used existing City GIS data and other infrastructure data • Calibrated model to 1997 wastewater flow data • Increased population to 2003 conditions • Used land use plans for 2013 and built out conditions • Mr. Wilke also :ave an overview of the following: 9 • Existing system map and proposed improvements • Map of Built-out Land Use • Map of Built-out wastewater system and improvements being made • 2013 Land use map • 2013 wastewater system map • Wastewater Treatment Capacity graph • Planning level costs for 2013 • Upcoming project - Avery Farms - Chandler Creek extension - McNutt Basin - Treatment Plan - Lift stations in Forest Creek General Recommendations • Maintain Edwards Aquifer Recharge Zone Program (60% of system) • Continue expanding Edwards program (CMOM) • Update City's CIP to be consistent with 10 Year needs • Consider existing lift stations in Forest Creek • Flow monitoring to confirm effectiveness of rehabilitation • Maintain level of efforts by CORR Utility Department staff, system is generally adequate for current flows. CALL REGULAR SESSION TO ORDER: Mayor Maxwell called the Regular Session to order at 7:10 p.m. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot Knight, and Councilmember Scott Rhode. Councilmember Gary Coe was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: O'Barr Rost, 508 White Wing Way, expressed his concerns on the regulations of the Open House Sign Ordinance. Jimmy Joseph, 2410 Messick Loop, expressed his concerns regarding the Open House Sign Ordinance. Ginger Huggins, The Silk Cocoon, 102 E. Main Street, thanked the Council and City for their support of the Main Street Artisan Stroll. Dominic DiGesualdo, 1802 Overcup Drive, invited the Council and citizens to the Frontier Days activities that begin on Saturday, July 3rd with a parade in the downtown 2 63 JUNE 24, 2004 Round Rock. The activities will continue on Saturday, July 3rd at Old Settlers Park at Palm Valley through Sunday, July 4th and will include the City's annual fireworks display. Howard Hagemann, 15204 Quiet Pond Ct., expressed his concerns regarding the Open House Signs. PROCLAMATIONS: ;• 11.A. Consider proclaiming July as Parks and Recreation Month Mayor Maxwell read the following proclamation and presented it to Sharon Prete, Parks and Recreation Director. WHEREAS, the National Recreation and Park Association in cooperation with local Park and Recreation departments is promoting the use of public recreation facilities in July; and WHEREAS, the Round Rock City Council has supported the development of recreational facilities such as ballfields, playgrounds, golf courses, swimming pools, tennis courts, and picnicking facilities 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 take advantage of the park system and recreation programs offered by the Parks and Recreation Department. PROCLAIMED this 24th day of June 2004. PRESENTATIONS: • 12.A. Continuation of presentations not addressed during the Work Session. 12.B.1. Consider a presentation on a proposed ordinance amending the regulation for door-to-door solicitations. Bryan Williams, Police Chief made the staff presentation. The existing door-to-door solicitations ordinance was adopted in 1974. The proposed amendment updates and strengthens the current regulations for the public safety, comfort, convenience, and protection of the City and citizens. Chief Williams gave an overview of the proposed amendments for door-to-door solicitations ordinance. The Council spoke in favor of the amendments but expressed their concern that the amendments will also apply to Boy Scouts, Girl Scouts, and youth organizations that go door-to-door selling candy bars, cookies and other products for their organizations. These individuals will need to acquire a $50 permit for 30 days before they can sell those products to residents. • The Council discussed their concerns and the biggest problem and complaints that they have heard is that true for-profit individuals or organizations are going door-to-door claiming to be selling products for a non-profit organization. In addition, even though the proposed amendments include a provision that states that no peddler, solicitor or canvasser should not be allowed on private property if a "no solicitors" sign is posted and during certain hours, it was not intended to restrict friends, family, neighbors, church groups, and so forth from selling these products to those residents who wish to help these organizations. 264 JUNE 24, 2004 Mr. Sheets informed the Council that after hearing their concerns that it is possible to treat these types of solicitors as canvassers. The Council agreed and staff will make the necessary amendments as suggested prior to bringing the back to the Council for adoption. PUBLIC HEARINGS: 13.A.1. Consider public testimony concerning the 2004-2008 Community Development Consolidated Plan. Mona Ryan, Community Development Coordinator made • the staff presentation. A Consolidated Plan submission is required once every three or five years and can be amended annually as necessary to meet goals of the programs. The first five year plan was submitted in 1999. 24 CRF 91 requires consolidated submissions for community planning and development programs. The overall goal of the community planning and development program is to develop viable communities by providing decent housing and a suitable living environment and expanding economic opportunities principally for low and moderate persons. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 13.A.2. Consider public testimony concerning the proposed amendments to Chapter 8, Subdivisions, City of Round Rock Code of Ordinances (1995 Edition). Jim Stendebach, Planning Director made the staff presentation. The existing Subdivision Ordinance has been in place since 1969 with minor amendments having been made since that time. Changed • conditions and outdated standards warrant new subdivision regulations. To date, three focus groups with the development community have been held to review and solicit input for the draft. The focus groups consisted of local and regional engineers, developers, utility representatives, and representatives from the Capital Area Home Builders Association. The majority of comments received from the focus groups have been incorporated into the draft ordinance, or reasons have been provided as to why they could not be included. On April 28, 2004, at its regular meeting, the Planning and Zoning Commission held a public hearing and unanimously recommended the ordinance to City Council for adoption. The following items represent the key changes to the existing Subdivision Ordinance. • Proposal to eliminate the requirement for a Concept Plan for tracts less than 5 acres within the city limits. (Section 8.204). • • Proposal to eliminate public hearings for plats, with the exception of those Replats which require a public hearing by state law. Notification and public hearing will continue to be required for Concept Plans. (Section 8.204.6). • Proposal to include a procedure for a one cycle final plat. The procedure is identified as the "minor subdivision final plat." (Section 8.207). • Proposal to provide for administrative approval of public easement vacations. (Section 8.211). • Proposal to require a tree survey to identify significant trees at the preliminary plat stage. (Section 8.205.4). { 265 ]UNE 24, 2004 • Proposal to require mandatory parkland dedication. (Section 8.302). • Proposal to allow City Council to modify the requirements of the Subdivision Ordinance for those non-recorded subdivisions which existed in their present configuration prior to January 1, 1970. (Section 8.113). • Proposal to include a new subdivision fee structure. (Section 8.116). • Proposal to require a Traffic Impact Analysis prior to all stages of platting. (Section 8.403). • • Proposal to increase street right-of-way widths to accommodate but not require the planting of street trees. Reduced setbacks were included in the 2002 Zoning Ordinance revision to accommodate the increased right-of-way widths. • Proposal to require sidewalks along streets in industrial subdivisions. (Section 8.405). • Proposal to include separate standards for rural subdivisions. (Section 8.421). • Proposal that plats show the limits of the Ultimate 100-year floodplain for all waterways draining fifty or more acres by hatch marking the area on the plat. No fences, structures, storage or fill shall be placed within the limits of the Ultimate 100 year floodplain. No portion of the minimum lot area (6500 square feet) for any lot required by this Code shall be located within the Ultimate 100-Year Floodplain. (8.604.Sections 1 - 6). Mayor Maxwell opened the public hearing. O'Barr Rost, 508 White Wing Way, expressed his concern regarding the proposed amendments to the Subdivision Ordinance, specifically the requirement of a traffic analysis at the annexation and zoning stage. He recommended that the requirement be made at the site plan stage. • There being no further public testimony, the public hearing was closed. 13.A.3. Consider public testimony regarding an application filed by the Lower Colorado River Authority to adopt original zoning of District LI (Light Industrial) for 21.191 acres of land out of the Joseph Marshall Survey. (LCRA Tract) (3901 E Palm Valley Boulevard) Jim Stendebach, Planning Director made the staff presentation. This 21.191 acre tract is located on US Highway 79 just southeast of Dell Diamond. The adjoining LCRA tracts to the east were annexed and zoned in 1998. The intent for these 21.191 acres will allow the LCRA to expand the existing treatmentplant and construct an onsite LCRA office building. The remainder of the land will be used as a buffer to the surrounding neighborhood. Staff is in support of this original zoning of District LI (Light Industrial). At the time of the adjacent tracts' annexation in 1998 the zoning district was I-1 (General • Industrial), which was converted to LI (Light Industrial) when the revised Zoning Ordinance was approved 2002. Staff desires to remain consistent, thus having the entire LCRA tracts zoned LI. Both office and treatment plants are permitted uses in the LI district. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 13.A.4. Consider public testimony regarding an application filed by Larry and Linda Lea to adopt original zoning of District C-1 (General Commercial) for 7917 acres of land out of the Memucan Hunt Survey. (Lea Tract) (737 Louis Henna Boulevard) Jim Stendebach, 266 JUNE 24, 2004 Planning Director made the staff presentation. This .7917 acre tract is located south of State Highway 45 and east of Greenlawn Boulevard. The tracts to the west and south were annexed and zoned C-1 in April 2001. This tract in receiving a C-1 (General Commercial) zoning district will provide commercial development to an area that complies with the standards required for a C-1 site. There are commercial tracts surrounding the .7917 acres. Staff recommends approval for this zoning. request. • Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. No items were removed from the consent agenda. *15.A. Consider approval of the City Council minutes for the June 10, 2004 Regular Session. *16.A.1. Consider an ordinance granting a franchise to Sentinel Waste. L.L.C. to engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Reading) *16.C.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Preserve at Stone Oak Subdivision, Phase 3, Sections 1, 2 & 3. (First • Reading) *17.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Burnell McQueen for the purchase of right-of-way for the Red Bud Lane (CR 122) Proiect. *17.A.2. Consider a resolution authorizing the Mayor to execute a Waterline Easement with Nelson Homestead Family Partnership, Ltd. For the Higher Education Center Proiect. *17.8.1. Consider a resolution authorizing the closing of a portion of Round Rock Avenue and a portion of East Main Street on July 3, 2004 for the Annual Frontier Days parade. *17.D.2. Agreement No. 2 to the Agreement for Engineering Services with Camp Dresser & McKee, Inc. for the design of the Water Treatment Plant Expansion, Phase V. MOTION: Councilmember Rhode moved to approve all the items listed in the • consent agenda. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 267 JUNE 24, 2004 APPROVAL OF MINUTES: *15.A. Consider approval of the City Council minutes for the June 10, 2004 Regular Session. This item was approved under the consent agenda. ORDINANCES: *16.A.1. Consider an ordinance granting a franchise to Sentinel Waste, L.L.C. to • engage in the business of collecting refuse from commercial establishments in the City of Round Rock. (Second Readingl This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO SENTINEL WASTE, L.L.C. TO ENGAGE IN THE COLLECTION OF SPECIFIED WASTE MATERIALS FROM NON-RESIDENTIAL ESTABLISHMENTS WITHIN THE CITY OF ROUND ROCK, TEXAS; ESTABLISHING FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 16.B.1. Consider an ordinance renumbering Articles 13 and 14 of the Round Rock Home Rule Charter. (First Reading) Steve Sheets made the staff presentation. The recent approval by the voters of Proposition 12 resulted in a new Chapter 13 for the Charter. This requires that the existing Chapters 13 and 14 be renumbered. The existing Sec. 13.14 authorizes the City Council to renumber the Charter chapters and sections by ordinance. ORDINANCE NO. • AN ORDINANCE RENUMBERING ARTICLES 13 AND 14 OF THE ROUND ROCK HOME RULE CHARTER; AND PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Knight seconded the motion. i7 VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson is Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. *16.C.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Preserve at Stone Oak Subdivision, Phase 3, Sections 1, 2 & 3. (First Reading) This item was approved under the consent agenda. The locations of the proposed - 268 JUNE 24, 2004 stop signs are as follows: Northbound and Southbound Stone Forest Trail at Blue Ridge Drive; Northbound and Southbound Castle Rock Drive at Blue Ridge Drive; Northbound and Southbound Spring Canyon Trail at Blue Ridge Dr.; Northbound and Southbound Rock Shelf Lane at Blue Ridge Drive; Northbound and Southbound Flowstone Lane at Blue Ridge Drive; Tapado Canyon Trail at Stone Forest Trail; Blue Mountain Path at Stone Forest Trail; Cap Rock Trail at Blue Mountain Path; Blue Mountain Path at Castle Rock Drive; Stone Forest • Path at Castle Rock Drive; Rock Shelf Lane at Springs Canyon Trail; Eastbound and Westbound Spring Canyon Trail at Flowstone Lane; Stonewall Drive at Spring Canyon Trail; Foothills Drive at Stonewall Drive; Stonewall Drive at Foothills Trail; and Foothills Trail at Blue Ridge Drive ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: STONE FOREST TRAIL AT BLUE RIDGE DRIVE, CASTLE ROCK DRIVE AT BLUE RIDGE DRIVE, SPRING CANYON TRAIL AT BLUE RIDGE DRIVE, ROCK SHELF LANE AT BLUE RIDGE DRIVE, FLOWSTONE LANE AT BLUE RIDGE DRIVE, TAPADO CANYON TRAIL AT STONE FOREST TRAIL, BLUE MOUNTAIN PATH AT STONE FOREST TRAIL, CAP ROCK TRAIL AT BLUE MOUNTAIN PATH, BLUE MOUNTAIN PATH AT CASTLE ROCK DRIVE, STONE FOREST PATH AT CASTLE ROCK DRIVE, ROCK SHELF LANE AT SPRING CANYON TRAIL, SPRING CANYON TRAIL AT FLOWSTONE LANE, STONEWALL DRIVE AT SPRING CANYON TRAIL, FOOTHILLS DRIVE AT STONEWALL DRIVE, STONEWALL DRIVE AT FOOTHILLS DRIVE, FOOTHILLS TRAIL AT BLUE RIDGE DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 16.C.2. Consider an ordinance abandoning a portion of Brown Street between Round Rock Avenue and Austin Avenue. (First Reading) Tom Martin, Director of Transportation • Services made the staff presentation. Due to the reconstruction of Round Rock Avenue by the Texas Department of Transportation, the portion of Brown Street Lying between the rights-of-way for Round Rock Avenue and Austin Avenue is no longer required for public access; however a public utility easement will be reserved across the entire abandoned portion of Brown Street. The easement is required by the City of Round Rock, Southwestern Bell Corporation, Oncor Energy / TXU Gas and Time Warner Cable. As adopted in Ordinance Z-93-01-28-12F, the City of Round Rock agreed to vacate a portion of Brown Street lying between the rights-of-way for Round Rock Avenue and Austin Avenue as consideration for the adjacent property owner's (First Baptist Church) installation of landscape improvements and sprinkler systems. According to the Planning Department, the developer has completed the landscape and sprinkler requirements asspecified in Planned Unit Development (PUD) No. 7. Abandoning a portion of Brown Street Lying between the • rights-of-way for Round Rock Avenue and Austin Avenue was presented during Public Hearings for PUD No. 7. The hearings were held on January 21, 1993 by the Planning and Zoning Commission and on January 28, 1993 by the City Council. ORDINANCE NO. AN ORDINANCE VACATING, ABANDONING, AND CLOSING A PORTION OF BROWN STREET LYING BETWEEN ROUND ROCK AVENUE AND AUSTIN AVENUE, WITHIN THE CITY OF ROUND ROCK, TEXAS, PURSUANT TO SECTION 311.007, - TRANSPORTATION CODE, 26 JUNE 24, 2004 V.A.T.S.; RESERVING A PERMANENT PUBLIC UTILITY EASEMENT; AND PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe 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 to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 16.C.3. Consider an ordinance authorizing a temporary 45-mph construction speed • zone on Louis Henna Boulevard from CR 170 to Donnell Drive for the completion of the SH- 45 frontage road project. (First Reading) Tom Martin, Director of Transportation Services made the staff presentation. Temporary reduction of the existing 55-mph speed limit will provide additional protection to crews working near Louis Henna Boulevard during the construction of the SH 45 Frontage Roads, and for traffic entering Louis Henna Boulevard from side streets and driveways. Due to conflicts with construction activities, a temporary construction speed zone on Louis Henna Boulevard from CR 170 to Donnell set for 45-mph is necessary. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ADDING A NEW SECTION 9.504, -TEMPORARY CONSTRUCTION SPEED ZONES" AND ADOPTING A TEMPORARY CONSTRUCTION SPEED ZONE FOR A PORTION OF LOUIS HENNA BOULEVARD; 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 Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 270 JUNE 24, 2004 16.D.1. Consider an ordinance annexing 21.191 acres of land out of the Joseph Marshall Survey. (LCRA Tract) (3901 E. Palm Valley Boulevard) (First Reading) Jim Stendebach, Planning Director made the staff presentation. This 21.191 acre tract is located on US Highway 79, just northeast of Dell Diamond. The adjoining LCRA tracts to the east were annexed in 1998. Annexation of this tract will provide availability to the LCRA to expand their treatment plant and increase ad valorem taxes. • ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 21.191 ACRES OF LAND 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 Nielson moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None • Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 16.D.2. Consider an ordinance adopting original zoning of District LI (Light Industrial) for 21.191 acres of land out of the Joseph Marshall Survey. (LCRA Tract) (3901 E. Palm Valley Boulevard) (First Reading) Jim Stendebach, Planning Director made the • staff presentation. This 21.191 acre tract is located on US Highway 79 just southeast of Dell Diamond. The adjoining LCRA tracts to the east were annexed and zoned in 1998. The intent for these 21.191 acres will allow the LCRA to expand the existing treatment plant and construct an onsite LCRA office building. The remainder of the land will be used as a buffer to the surrounding neighborhood. Staff is in support of this original zoning of District LI (Light Industrial). At the time of the adjacent tracts' annexation in 1998 the zoning district was I-1 (General Industrial), which was converted to LI (Light Industrial) when the revised .iT x'11 271 JUNE 24, 2004 Zoning Ordinance was approved 2002. Staff desires to remain consistent, thus having the entire LCRA tracts zoned LI. Both office and treatment plants are permitted uses in the LI district. 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 21.191 ACRES OF LAND, OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT LI (LIGHT INDUSTRIAL). MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Nielson seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 16.D.3. Consider an ordinance annexing .7917 acres of land out of the Memucan Hunt Survey. Lea Tract 737 Louis Henna Boulevard First Reading). Jim Stendebach, Planning Director made the staff presentation. This .7917 acre tract is located south of State Highway 45 and east of Greenlawn Boulevard. The purpose of the annexation is to provide city services to the development. The annexation will provide an increase in commercial development and an increase in ad valorem taxes. ORDINANCE NO. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.7917 ACRES OF LAND OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO: 314, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Knight seconded the motion. 27 .2 JUNE 24, 2004 VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the • ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 16.D.4. Consider an ordinance adooting original zoning of District C-1 (General Commercial) for .7917 acres of land out of the Memucan Hunt Survey. (Lea Tract) (737 Louis Henna Boulevard) (First Reading) Jim Stendebach, Planning Director made the staff presentation. This .7917 acre tract is located south of State Highway 45 and east of Greenlawn Blvd. The tracts to the west and south were annexed and zoned C-1 in April • 2001. This tract in receiving a C-1 (General Commercial) zoning district will provide commercial development to an area that complies with the standards required for a C-1 site. There are commercial tracts surrounding the .7917 acres. Staff recommends approval for this zoning request. 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 0.7917 ACRES OF LAND, OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt • Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe 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 to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson 273 TUNE 24, 2004 Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 16.E.1. Consider an ordinance establishing the City's general election in May on the • uniform election date, in accordance with the Texas Election Code. (First Reading) Jim Nuse, City Manager made the staff presentation. This ordinance will allow for an amendment to Chapter 1 of the Code of Ordinances (1995 Edition), which establishes the City of Round Rock's General Election in May on the uniform election date. This ordinance will allow the general election to be held annually in May on the uniform election date established in accordance with the provisions of the Tex. Elec. Code Ann. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, SECTION 1.1007, ESTABLISHING THE CITY OF ROUND ROCK'S GENERAL ELECTION IN MAY ON THE UNIFORM ELECTION DATE; AND PROVIDING_ FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson • Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Knight moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. • 16.E.2. Consider an ordinance determining the amount of certain City Employees' bonds. (First Reading) Jim Nuse, City Manager made the staff presentation. This ordinance amends the amends Chapter 1 of the Round Rock Code of Ordinances (1995 Edition) determining the amount of bonds for certain city employees. The City Manager, Assistant City Manager and Director of Finance will be bonded at city expense in the amount of $100,000.00 each. ORDINANCE NO. 274 JUNE 24, 2004 AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1,,SECTION 1.1100, ADDING SUBSECTION 1.1105 DETERMINING THE AMOUNT OF BONDS FOR CERTAIN CITY EMPLOYEES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe 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 to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor-Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 16.E.3. Consider an ordinance approving the Assistant City Manager as an • authorized designee to countersign checks, vouchers, or warrants for the withdrawal of money from the City depositories. (First Reading) Jim Nuse, City Manager made the staff presentation. This ordinance amends Chapter 1 of the Round Rock Code of Ordinances (1995 Edition), approving the Assistant City Manager as an authorized designee to countersign checks, vouchers, or warrants for the withdrawal of money from the City depositories. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, SECTION 1.1102 APPROVING THE ASSISTANT CITY MANAGER AS AN AUTHORIZED DESIGNEE TO COUNTERSIGN CHECKS, VOUCHERS, OR WARRANTS FOR THE WITHDRAWAL OF MONEY FROM THE CITY DEPOSITORIES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 275 JUNE 24, 2004 MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: . Councilmember Coe ACTION: The motion carried unanimously. 16.E.4. Consider an ordinance authorizing the City Manager to execute contracts and/or expend funds for budgeted items in the maximum amount of $50,000. (First Reading) Jim Nuse, City Manager made the staff presentation. This ordinance amends Chapter 1 of the Round Rock Code of Ordinances (1995 Edition) authorizing the City Manager to execute contracts and/or expend funds for budgeted items in the maximum amount of$50,000. The Council must still approve all contracts and/or expenditures in excess of $50,000 in advance. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, SECTION 1.1104 AUTHORIZING THE CITY MANAGER TO • EXECUTE CONTRACTS AND/OR EXPEND FUNDS FOR BUDGETED ITEMS IN THE MAXIMUM AMOUNT OF $50,000; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember McGraw moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson • Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. RESOLUTIONS: *17.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Burnell McQueen for the purchase of right-of-way for the Red Bud Lane (CR 276 ]UNE 24, 2004 122) Project. The cost of the right-of-way is $3,737.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.143 acre tract of land for additional right-of-way for the Red Bud Lane (CR 122) Project, and WHEREAS, Burnell E. McQueen, Susan McQueen, Joel E. Franklin and Janette T. Franklin, 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 Burnell E. McQueen, Susan McQueen, Joel E. Franklin and Janette T. Franklin, 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 fins and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2004. *17.A.2. Consider a resolution authorizing the Mayor to execute a Waterline Easement with Nelson Homestead Family Partnership, Ltd. For the Higher Education Center Proiect. The cost of the waterline easement is $4,521.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a waterline easement interest in a 0.548 • acre tract of land (Parcel 8) for the Higher Education Center Project, and WHEREAS, Nelson Homestead Family Partnership, Ltd., the owner of the property, has agreed to sell said property interest 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 Waterline Easement with Nelson Homestead Family Partnership, Ltd. (Parcel 8), a copy of said Waterline Easement being attached hereto as Exhibit "A" and incorporated herein for all purposes, and that the City Attorney is authorized and directed to complete the purchase of such easement interests for the payment of $4,521.00 to the owner. The City-Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2004. *17.8.1 Consider a resolution authorizing the closing of a portion of Round Rock Avenue and a portion of East Main Street on July 3, 2004 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 Lee Street to North Mays Street, and a portion of East Main Street from North Mays Street to Nelson Street, be closed for the annual Frontier Days Parade on July 3, 2004, from 10:00 a.m. to 11:30 a.m-., and WHEREAS, the City Council wishes to grant said request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That 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 24th day of June, 2004. 7 , 277 2d': JUNE 24, 2004 17.B.2. Consider a resolution authorizing the Mayor to execute an Agreement for the Purchase of Tactical Body Armor from Miller Uniforms & Emblems, Inc. Bryan Williams, Police Chief made the staff presentation. The proposed contract is for tactical body armor for members of the Police Departments SWAT team. The cost for each body armor suit is $1,385 and the request is for 10. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of tactical body armor for the Police Department, and WHEREAS, Miller Uniforms & Emblems, Inc. has submitted the only bid which met required specifications, and WHEREAS, the City Council wishes to accept the bid of Miller Uniforms & Emblems, 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 Purchase of Tactical Body Armor with Miller Uniforms & Emblems, 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 June, 2004. 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 Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 17.C.1. Consider a resolution authorizing the Mavor to execute a contract with Muniz Concrete & Contracting, Inc. for the Bradford Park Development and South Creek Sidewalk Gap Project (G.O. BondBond Project) David Buzzell, Park Specialist made the staff presentation. The Bradford Park Development Project is a limited park development that will include a • playground, walking trail, and various site amenities. The Sidewalk Gap portion of the project is part of the overall Citywide Sidewalk Program that is being administered by the Engineering & Development Services Dept. The Bradford Park Development portion of this project will provide a neighborhood level park for the nearby residents. The South Creek Sidewalk Gap portion of the project will increase connectivity via sidewalks through the South Creek neighborhood and along High Country Blvd. The cost of the contract is $123,493.75. 278 ]UNE 24, 2004 RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Bradford Park Development and South Creek Sidewalk Gap Project (G.O. Project), and WHEREAS, Muniz Concrete & Contracting, Inc. has submitted the lowest responsible bid, and WHEREAS, the City" Council wishes to accept the bid of Muniz Concrete & Contracting, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is_hereby authorized and directed to execute on behalf of the City a contract with Muniz Concrete & Contracting, Inc. for Bradford Park Development and South "Creek Sidewalk Gap Project (G.O. Project). The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of June, 2004. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 17.C.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with WhitneyPartnershi and Forest Ridge Investments Ltd. for the gurchase of property for the Brushy Creek Trail Project, David Buzzell, Park Specialist made the staff presentation. This contract will provide improvement to park facilities in Round Rock. The cost of the of the contract is $57,000.00. RESOLUTION NO. WHEREAS, the City desires to purchase'a 2.426 acre tract of land for extension to the Brushy Creek Trail system, and WHEREAS, Whitney Partnership and Forest Ridge Investments, Ltd., the owners of the property ("Owners"), 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 Owners, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as . amended. RESOLVED this 24th day of June, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson 279 JUNE 24, 2004 Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 17.D.1. Consider a resolution authorizing the Mayor to execute a Water and • Wastewater Service Contract with Austin Bridge & Road, L.P. Tom Clark, Utilities Director made the staff presentation. Austin Bridge & Road (ABR) is one of the contractors working for TXDOT to build State Highway 45. They have requested water and wastewater service to a construction trailer that will be used as part of the State Highway 45 project and will be located outside the city just east of the intersection of High Country-Road and Louis Henna Boulevard for approximately 22-months. Adequate capacity is available to serve the trailer which is anticipated to use 3,000 gallons of water per month. This service is allowed under current City Ordinance, subject to adequate capacity and approval by the City Council. ABR will pay twice the inside city rate for these services and all costs will be paid by Austin Bridge and Road. RESOLUTION NO. WHEREAS, Austin Bridge & Road, L.P. desires to purchase water and wastewater • services from the City of Round Rock, and WHEREAS, the City Council desires to enter into a Water and Wastewater Service Contract with Austin Bridge & Road, L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Water and Wastewater Service Contract with Austin Bridge & Road, L.P., 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 24th day of June, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Pitt seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. *17.D.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Camp Dresser & McKee, 28 ` JUNE 24, 2004 Inc. for the design of the Water Treatment Plant Expansion Phase V The cost is $8,300.00. 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 Camp Dresser and McKee, Inc. for the design of:the Water Treatment Plant Expansion, Phase V, and WHEREAS, Camp Dresser and McKee, Inc. has submitted Supplemental Agreement No. 2 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. 2 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. 2 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 24th day of June, 2004. 17.E.1. Consider a resolution authorizing the Williamson County Appraisal District to sell real property and improvements currently owned and occupied by the District to the City of Georgetown. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. The Williamson County Appraisal District is in the process of acquiring a larger site to house its growing operations. Once the new site and offices are acquired, the current office space will not be needed. This resolution authorizes the Williamson County Appraisal District to sell its current office building at 510 W. 9th Street, Georgetown, Texas to the City of Georgetown for $1,200,000.00. RESOLUTION NO. WHEREAS, §6.051, Tex. Tax Code authorizes the Board of Directors of an appraisal district to purchase real property and improvements as necessary to establish and operate the appraisal office, and WHEREAS, the Board of Directors of the Williamson County Appraisal District has delivered to the City of Round Rock a copy of Resolution #2004-02 setting forth their desire to sell property described as lots one (1) and two (2), the west 50' of lots three (3) and four (4), all of lots five (5), six (6), seven (7) and eight (8) i'n Block Six of the Glasscock Addition in the City of Georgetown, Texas, and WHEREAS, §6.051, Tex. Tax Code requires that an appraisal district's sale of such real property and improvements must be approved by three-fourths (3/4) of the taxing units entitled to vote on the appointment of board members, and WHEREAS, the City of Round Rock is one of the said taxing units, and WHEREAS, the City Council wishes to approve the sale of the above-referenced real property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the sale of the above-referenced real property by the Williamson County • Appraisal District 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 June, 2004. KYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 28 .1 JUNE 24, 2004 MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 17.E.2. Consider a resolution authorizing the Williamson County Appraisal District to purchase a 5.826 acre tract of land on FM 1460 in Georgetown. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. The Appraisal District has been escrowing funds to purchase a piece of property in order to provide more room for appeals, more parking space and space for the increased number of employees needed for several years, and will be able to purchase this property without a fiscal impact to the City's budget. The Appraisal District has also tentatively entered into an agreement to sell their current building to the City of Georgetown. This resolution authorizes the Williamson County Appraisal District to purchase a 5.826 acre tract of land on FM 1460 in Georgetown, directly across from the new City of Georgetown's municipal complex. • RESOLUTION NO. WHEREAS, §6.051, Tex. Tax Code authorizes the Board of Directors of an appraisal district to purchase real property and improvements as necessary to establish and operate the appraisal office, and WHEREAS, the Board of Directors of the Williamson County Appraisal District has delivered to the,:City of Round Rock a copy of Resolution #2004-01 setting forth their desire to purchase property situated in Williamson County, known as a 5.826 acre tract in the C. Stubblefield Survey, Abstract No. 558 in the City of Georgetown, Texas, and WHEREAS, the Board of Directors of the Williamson County Appraisal District has also delivered information showing the costs of available alternatives; and WHEREAS, §6.051, Tex. Tax Code requires that an appraisal district's purchase of such real property and improvements must be approved by three-fourths (3/4) of the taxing units entitled to vote on the appointment of board members, and WHEREAS, the City of Round Rock is one of the said taxing units, and WHEREAS, the City Council wishes to approve the purchase of the above-referenced real property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the purchase of the above-referenced real property by the Williamson County Appraisal District 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 June, 2004. 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: Councilmember Nielson 282 JUNE 24, 2004 Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 17.E.3. Consider a resolution establishing a temooraryprogram to license the placement of open house signs in public rights-of-way. Councilmember Knight disclosed • that he will be abstaining from discussion and vote on this item due to a conflict of interest which is that his wife is a realtor. Jim Nuse, City Manager made the staff presentation. The current sign ordinance is strictly enforced. No signs are permitted in the City owned rights-of-way, except the new home kiosk. The realtors believe that, due to the slow economy, limited access to the rights-of-way are necessary for re-sales to compete with new homes. Members of the Real Estate Committee approached the City to request`Open House' signs be permitted under the sign ordinance. Staff prepared a license agreement for open house signs in the City's rights-of-way that would permit these signs at certain times and under certain conditions. The program participants will pay for the cost of this program. Mr. Sheets noted that this resolution establishes a temporary program for the placement of open house signs in the city owned rights-of-way until the end of this year. • If the Council wishes to continue this program a new resolution will need to be adopted after the expiration of this resolution. Mr. Sheets added that along with this resolution is a license agreement, which has been previously reviewed by the Council. The licensee, can be either a broker, company or homeowner. He added that at the request of Council, he drafted some alternate language for consideration that would require the address to be placed on the open house sign and added language that clarifies that it is one sign per house at a location. In addition, if a subdivision has entrances from two arterials, according to the language in the document, a sign can be placed at both locations. Mr. Sheets explained that the differences between the original language and the alternate language is that the original language did not require the residence address on the open house sign. The alternate language requires the address on the sign. Councilmember Pitt explained that having the address on the open house sign would • eliminate the serious problem we have been having with multiple signs for one property. This will also help with the enforcement of one sign per property requirement rather than four or five open house signs for one house. Mayor Maxwell added that not requiring an address on the open house sign would allow the realtors to reuse the signs with the permit. 2 83 JUNE 24, 2004 Mayor Pro-tem McGraw said what he would to amend the language in the resolution to state that"in the event a licensee is entitled to and utilizes more than one open house sign then such open house sign must contain the address of the residence offered for sale. Councilmember Rhode added that he does not want to put an undo burden on the real estate agents but would like factual data that shows this will be an effective program. If • somehow the new homeowners can be asked if the Open House was an important factor in finding and closing on a home in Round Rock. Mayor Pro-tem McGraw explained that this program was brought forward at the request of the real estate community that are selling existing and older homes. This was looked at from not only the homeowners' perspective but when an established home can not be sold it impacts the homeowner, the neighborhood and the City. This program is a compromise for the homeowners who are selling their homes and the individuals who want an attractive City. 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 "Open Houses" for existing homes offered for sale within the City, and WHEREAS, the City desires to establish a temporary program whereby realtors and homeowners may place Open House signs in specified locations in City rights-of-way for the sole purpose of directing prospective buyers to existing homes offered for sale, and WHEREAS, City staff has developed a License Agreement for Open House 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 there is hereby established a temporary program whereby realtors and homeowners may place Open House signs in specified locations in City rights-of-way for the sole purpose of directing prospective buyers to existing homes offered for sale, and IT IS FURTHER RESOLVED That the City Manager or his designee is hereby authorized and directed to execute on behalf of the City the approved licensee agreement forms for Open House signs with realtors and homeowners, a copy of same being attached hereto as Exhibit "A", and incorporated herein for all purposes, and IT IS FURTHER RESOLVED That unless specifically extended by the City Council, this program and all license agreements entered into hereunder,.shall expire on December 31, 2004. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24" day of June, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas • ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to adopt the original resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Rhode Mayor Maxwell Nays: None Abstain: Councilmember Knight 284 TUNE 24, 2004 Absent: Councilmember Coe ACTION: The motion carried with 5 ayes and 1 abstention. MOTION: Mayor Pro-tem McGraw moved to amend the resolution by amending Paragraph 2, as follows: "Subject to the terms and conditions contained herein, for each residence offered for sale, Licensee shall have the right to place one Open House Sign on City's property at the locations and times described and in the event a licensee is entitled to and utilizes more than one Open House sign at a location, then such Open House sign must • contain the address of the residence offered for sale. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Rhode Mayor Maxwell Nays: None Abstain: Councilmember Knight Absent: Councilmember Coe ACTION: The motion carried with 5 ayes and 1 abstention. 17.F.1. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with Ballou Construction Co., Inc. for the Street Maintenance Program Phase 2 / Microsurfacing - 2003 Proiect. Tom Martin, Director of Transportation Services made the staff presentation. This is the second Change Order made to this contract. The first was to address ADA deficiencies in the sidewalks and driveway approaches. This change order is a final reconciliation of the contract. The change order addresses quantity adjustments for the Street Maintenance Program. These adjustments were the result of larger repairs than originally estimated. The previous contract amount including change order #1 for this project was $1,726,364.90. The new contract total including change order #2 comes to $1,989,747.11. The cost of this Change Order is $ 263,382.21. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Ballou Construction Co., Inc. for the Street Maintenance Program Phase 2/Micro-Surfacing 2003 Project, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 2, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 2 to the Contract with Ballou Construction Co., Inc. for the Street Maintenance Program Phase 2/Micro-Surfacing 2003 Project, a copy of said 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 June, 2004. KYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 285 JUNE 24, 2004 MOTION: Councilmember Nielson moved to approve ve the resolution. Mayor Pro- tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode . Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 18.A. Consider 6 appointments to the Planning and Zoning Commission. Five appointments are needed for two-year terms, and one appointment was needed to fill an unexpired term. Mayor Maxwell opened the floor for nominations for the regular positions. David Pavliska, Betty Weeks, Frank Del Castillo, Jr., Russ Boles, Peter Drapes, Cliff Hodges, John Miller, Mary Green, Dale Austin, Larry Quick, Dwayne Kostiha, Larry Yawn, Jennifer Mogonye, and Jeff Seiler were nominated. MOTION: Mayor Pro-tem McGraw moved that nominations cease. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson • Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. The following results were from a poll of the Council. David Pavliska - 6 votes appointed Betty Weeks - 6 votes appointed Frank Del Castillo, Jr. - 0 votes Russ Boles - 6 votes appointed Peter Drapes - 6 votes appointed Cliff Hodges - 0 votes John Miller - 0 votes Mary Green - 0 votes Dale Austin - 5 votes appointed Larry Quick - 0 votes Dwayne Kostiha - 1 vote Larry. Yawn - 0 votes Jennifer Mogonye - 0 votes Jeff Seiler - 0 votes • Mayor Maxwell opened the floor for nominations to fill the unexpired term. Dwayne Kostiha, Larry Quick, and Larry Yawn were nominated. The following results were from a poll of the Council. Dwayne Kostiha - 2 votes am� Larry Quick - 9 Yetes appointed Larry Yawn 18.B. Consider 4 appointments to the Zoning Board of Adjustments. 286 JUNE 24, 2004 Three appointments are needed, two regular members and two alternate members to serve a two-year term. Mayor Maxwell opened the floor for nominations for the regular member positions. Roy Beard, Carol Hearn, and John Moman were nominated. MOTION: Councilmember Rhode moved that nominations cease. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight ,Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. Carol Hearn - 6 votes appointed John Moman - 6 votes appointed Roy Beard - 0 votes MOTION: Councilmember Pitt moved to table the appointments for the alternate members. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem-McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 18.C. Consider 4 appointments to the Historic Preservation Commission. Four appointments are needed, three regular members and one alternate member to serve a two-year term. Mayor Maxwell opened the floor for nominations for the regular member positions. Gary Brown, Robert Brinkman, Earl Palmer, David Conrad, and Billy Huggins were nominated. MOTION: Councilmember Pitt moved that nominations cease. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight • Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. The following results were from a poll of the Council. Gary Brown - 6 votes appointed Robert Brinkman - 6 votes appointed Earl Palmer - 6 votes appointed David Conrad - 0 votes Billy Huggins - 0 votes JUNE 24, 2004 Mayor Maxwell opened the floor for nominations for the alternate position. David Conrad and Billy Huggins were nominated. The following results were from a poll of the Council. David Conrad - 4 votes appointed Billy Huggins - 2 votes 18.D. Consider 3 appointments to the Community Development Advisory • Commission. Three appointments are needed to serve a two-year term. Mayor Maxwell opened the floor for nominations. Rick Guzman, Jennifer Mogonye, Stephanie Baker, John Miller, and Mary Green were nominated. MOTION: Councilmember Pitt moved that nominations cease. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. The following results were from a poll of the Council. Rick Guzman - 6 votes appointed Jennifer Mogonye - 2 votes Stephanie Baker - 4 votes appointed John Miller - 1 vote Mary Green - 5 votes appointed 18.E. Consider 2 appointments to the Round Rock Housing Authority. Two appointments are needed to serve a two-year term. One of the positions needs to be a resident of the Housing Authority. P Mayor Maxwell opened the floor for nominations. Y Virginia Philips, Audrey Fontenot, Rainer Ficken, and Carolyn Trundle were nominated. MOTION: Mayor Pro-tem Nielson moved that nominations cease. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw • Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. Virginia Philips - 6 votes appointed Audrey Fontenot - 6 votes appointed Rainer Ficken - 0 votes Carolyn Trundle - 0 votes 288 JUNE 24, 2004 18.F. Consider 2 appointments to the Building Standards Commission Two appointments needed to serve a two-year term. Mayor Maxwell opened the floor for nominations. Dwayne Agnew, Andy Combs, and Rainer Ficken were nominated. MOTION: Councilmember Rhode moved that nominations cease. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. The following results were from a poll of the Council. Dwayne Agnew - 6 votes appointed Andy Combs - 6 votes appointed Rainer Ficken - 0 votes 18.G. Consider 3 appointments to the Ethics Review Commission. Three appointments are needed to serve a two-year term. Mayor Maxwell opened the floor for nominations. Dennis Graffious, Rick Stewart, Marvin Denman, Jennifer Mogonye, Scott Evans, and • Geoffrey Ryan were nominated. MOTION: Councilmember Pitt moved that nominations cease. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. The following results were from the poll of the Council. Dennis Graffious - 6 votes appointed Rick Stewart - 6 votes appointed Marvin Denman - 1 vote Jennifer Mogonye - 0 votes Scott Evans - 5 votes appointed • Geoffrey Ryan - 0 votes 18.H. Consider 5 appointments to the Round Rock Industrial Development Board of Directors. Five appointments are needed for a two-year term. MOTION: Mayor Pro-tem McGraw moved to appoint Nyle Maxwell, Scott Rhode, Carrie Pitt, Tom Nielson, and Gary Coe by acclamation. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw 2 8 '9 JUNE 24, 2004 Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 18.I. Consider 5 appointments to the Round Rock Health Facilities Board of Directors. Five appointments are needed for a two-year term. MOTION: Mayor Pro-tem McGraw moved to appoint Nyle Maxwell, Carrie Pitt, Scott Rhode, Scot Knight, and Gary Coe by acclamation. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 9:52 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary • 290 r 2 9 '1 PAGES 290 THROUGH 300 WERE INTENTIONALLY LEFT BLANK CITY COUNCIL MINUTES CONTINUE IN BOOK 51 292 293 294 295 296 i 297 i 298 i 299 3 ,0 0